[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5678 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5678

 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, security measures, or a military 
                          conflict with Iraq.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2002

Mr. Oberstar (for himself, Mr. Lipinski, Mr. Larsen of Washington, Mr. 
Honda, Ms. Millender-McDonald, Ms. Eddie Bernice Johnson of Texas, Mr. 
    Pascrell, Mr. Cummings, Mr. Mascara, Ms. Norton, Mr. Carson of 
Oklahoma, Ms. Brown of Florida, Mr. DeFazio, Mr. Rahall, Mr. Costello, 
  Mr. Holden, Mr. Blumenauer, Mr. Nadler, Mr. Berry, Mr. Capuano, Mr. 
Menendez, Mr. Boswell, Mr. Borski, Mr. Sandlin, Ms. Berkley, Mr. Baird, 
  Mr. Matheson, Mr. Lampson, and Mr. Filner) introduced the following 
    bill; which was referred to the Committee on Education and the 
Workforce, and in addition to the Committees on Ways and Means, Energy 
and Commerce, and Transportation and Infrastructure, 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 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, security measures, or a military 
                          conflict with Iraq.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Airline Worker 
Relief Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--ELIGIBILITY AND PROGRAM BENEFITS

Sec. 101. Definitions.
Sec. 102. Petitions and determinations.
Sec. 103. Program benefits.
Sec. 104. Administration.
Sec. 105. Regulations.
Sec. 106. Application and construction.
Sec. 107. Authorization of appropriations.
  TITLE II--HEALTH INSURANCE COVERAGE OPTIONS FOR ELIGIBLE INDIVIDUALS

Sec. 201. Premium assistance for COBRA continuation coverage for 
                            eligible individuals and their families.
Sec. 202. State option to provide temporary medicaid coverage for 
                            certain uninsured individuals.
Sec. 203. State option to provide temporary coverage under medicaid for 
                            the unsubsidized portion of COBRA 
                            continuation premiums.
Sec. 204. Definitions.
                       TITLE III--OTHER BENEFITS

Sec. 301. Temporary extension of TEUCA for qualifying individuals.
Sec. 302. Preference for eligible individuals in hiring of airport 
                            security screening personnel.
Sec. 303. Performance incentive awards for hiring eligible employees.

               TITLE I--ELIGIBILITY AND PROGRAM BENEFITS

SEC. 101. 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.--
                    (A) In general.--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.
                    (B) Application to employers in states requiring 
                such coverage.--Such term includes such coverage 
                provided by an employer in a State that has enacted a 
                law that requires the employer to provide such coverage 
                even though the employer would not otherwise be 
                required to provide such coverage under the provisions 
                of law referred to in subparagraph (A).
            (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;
                    (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; or
                    (C) a military conflict with Iraq that has been 
                authorized by Congress, 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. 102. 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 40 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. 103. PROGRAM BENEFITS.

    (a) Determinations.--The Secretary shall determine, with respect to 
an eligible employee covered by a certification issued by the Secretary 
under section 102, 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; and
                    (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''.
            (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; and
                    (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''.
    (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) Premium Assistance for COBRA Continuation Coverage and Other 
Health Care Assistance.--In the case of an individual who is eligible 
for benefits under subsection (b) or (c), the individual is also 
eligible for health care benefits under title II.

SEC. 104. 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 102, the procedures for providing 
        relevant data by the Secretary to assist the States in making 
        preliminary findings under section 102, and the adjustment 
        assistance described in section 103;
            (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 103(e) to the extent 
        specified by the Secretary.

SEC. 105. 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. 106. 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. 107. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated and there 
is appropriated to carry out this title a total of $2,100,000,000 for 
fiscal years 2003 and 2004.
    (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 2003 and 2004 (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.

  TITLE II--HEALTH INSURANCE COVERAGE OPTIONS FOR ELIGIBLE INDIVIDUALS

SEC. 201. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE FOR 
              ELIGIBLE INDIVIDUALS AND THEIR FAMILIES.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Treasury, in consultation 
with the Secretary of Labor, shall establish a program under which 75 
percent of the premium for COBRA continuation coverage shall be 
provided for an eligible individual (as defined in section 204(3)) who 
is also eligible for COBRA continuation coverage. Payment of such 
premium assistance 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 as a condition for the receipt of 
such assistance.
    (b) Limitation of Period of Premium Assistance.--Premium assistance 
provided in accordance with this section shall end with respect to an 
eligible individual on the earlier of--
            (1) the date the eligible individual is no longer covered 
        under COBRA continuation coverage; or
            (2) 18 months after the date the eligible individual is 
        first enrolled in the premium assistance program established 
        under this section.
    (c) Payment Arrangements; Crediting of Assistance.--
            (1) Provision of assistance.--Premium assistance shall be 
        provided under the program established under this section 
        through direct payment arrangements with a group health plan 
        (including a multiemployer plan), an issuer of health insurance 
        coverage, an administrator, or an employer as appropriate with 
        respect to the eligible individual provided such assistance.
            (2) Premiums payable by individual reduced by amount of 
        assistance.--Premium assistance provided under this section 
        shall be credited by the group health plan, issuer of health 
        insurance coverage, or an administrator against the premium 
        otherwise owed by the individual involved for COBRA 
        continuation coverage.
    (d) Program Requirements.--Premium assistance shall be provided 
under the program established under this section to any eligible 
individual. An eligible individual may apply for such assistance at any 
time during the period in which the individual is eligible for benefits 
under subsection (b) or (c) of section 103.
    (e) Disregard of Subsidies for Purposes of Federal and State 
Programs.--Notwithstanding any other provision of law, any premium 
assistance provided to, or on behalf of, an eligible individual under 
this section, shall not be considered income or resources in 
determining eligibility for, or the amount of assistance or benefits 
provided under, any other Federal public benefit or State or local 
public benefit.
    (f) Change in COBRA Notice.--
            (1) General notice.--
                    (A) In general.--In the case of notices provided 
                under section 4980B(f)(6) of the Internal Revenue Code 
                of 1986, section 2206 of the Public Health Service Act 
                (42 U.S.C. 300bb-6), section 606 of the Employee 
                Retirement Income Security Act of 1974 (29 U.S.C. 
                1166), or section 8905a(f)(2)(A) of title 5, United 
                States Code, with respect to eligible individuals who 
                become entitled to elect COBRA continuation coverage 
                under subsection (a), such notices shall include an 
                additional notification to the recipient of the 
                availability of premium assistance for such coverage 
                under this section and for temporary medicaid 
                assistance under section 203 for the remaining portion 
                of COBRA continuation premiums.
                    (B) Alternative notice.--In the case of COBRA 
                continuation coverage to which the notice provision 
                under such sections does not apply, the Secretary of 
                the Treasury, in consultation with the Secretary of 
                Labor, shall, in coordination with administrators of 
                the group health plans (or other entities) that provide 
                or administer the COBRA continuation coverage involved, 
                assure the provision of such notice.
                    (C) Form.--The requirement of the additional 
                notification under this paragraph may be met by 
                amendment of existing notice forms or by inclusion of a 
                separate document with the notice otherwise required.
            (2) Specific requirements.--Each additional notification 
        under paragraph (1) shall include--
                    (A) the forms necessary for establishing 
                eligibility and enrollment in the premium assistance 
                program established under this section in connection 
                with the coverage with respect to each eligible 
                individual;
                    (B) the name, address, and telephone number 
                necessary to contact the administrator and any other 
                person maintaining relevant information in connection 
                with the premium assistance; and
                    (C) the following statement displayed in a 
                prominent manner:
    ``You may be eligible to receive assistance with payment of 75 
percent of your COBRA continuation coverage premiums and with temporary 
medicaid coverage for the remaining premium portion for a duration of 
not to exceed 12 months.''.
            (3) Model notices.--Not later than 90 days after the date 
        of enactment of this Act, the Secretary of the Treasury shall 
        prescribe models for the additional notification required under 
        this subsection.
    (g) Extension of 60-Day COBRA Continuation Enrollment Period.--
Notwithstanding any other provision of law, in the case of an eligible 
individual who has not elected COBRA continuation coverage during the 
60-day enrollment period otherwise provided for such coverage, if such 
enrollment period began before the date of the enactment of this Act--
            (1) the group health plan involved shall provide for notice 
        of the type described in paragraph (1); and
            (2) the 60-day enrollment period shall be deemed to begin 
        again as of the first date premium assistance becomes available 
        with respect to the individual under this Act. In the case of 
        such individuals.
    (h) Waiver of Break-in-Coverage Provisions.--For purposes of 
applying section 701(c)(2) of the Employee Retirement Income Security 
Act of 1974, section 2701(c)(2) of the Public Health Service Act, and 
section 9801(c)(2) of the Internal Revenue Code of 1986, any reference 
to a ``63-day period'' is deemed to be extended to include such 
additional periods as the Secretary determines appropriate in order to 
ensure access to health care benefits through guaranteed issue and 
without the application of underwriting for individuals qualifying for 
premium assistance under this Act.
    (i) Reports.--On the date that is 6 months after the date of 
enactment of this Act, and annually thereafter, the Secretary of the 
Treasury shall submit a report to Congress regarding the premium 
assistance program established under this section that includes the 
following:
            (1) The status of the implementation of the program.
            (2) The number of eligible individuals provided assistance 
        under the program as of the date of the report.
            (3) The average dollar amount (monthly and annually) of the 
        premium assistance provided under the program.
            (4) The total amount of expenditures incurred (with 
        administrative expenditures noted separately) under the program 
        as of the date of the report.
    (j) Appropriation.--
            (1) In general.--There is appropriated to carry out this 
        section such sums as are necessary for each of fiscal years 
        2003 through 2007.
            (2) Obligation of funds.--This section constitutes budget 
        authority in advance of appropriations Acts and represents the 
        obligation of the Federal Government to provide for the payment 
        of premium assistance under this section.

SEC. 202. STATE OPTION TO PROVIDE TEMPORARY MEDICAID COVERAGE FOR 
              CERTAIN UNINSURED INDIVIDUALS.

    (a) State Option.--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--
            (1) an eligible individual as defined in section 204(3);
            (2) not eligible for COBRA continuation coverage;
            (3) otherwise uninsured; and
            (4) whose assets, resources, and earned or unearned income 
        (or both) do not exceed such limitations (if any) as the State 
        may establish.
    (b) Limitation of Period of Coverage.--Medical assistance provided 
in accordance with this section shall end with respect to an individual 
on the earlier of--
            (1) the date the individual is no longer uninsured; or
            (2) subject to subsection (c)(4), 18 months after the date 
        the individual first receives such assistance.
    (c) Special Rules.--In the case of medical assistance provided 
under this section--
            (1) the Federal medical assistance percentage under section 
        1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) shall 
        be the enhanced FMAP (as defined in section 2105(b) of such Act 
        (42 U.S.C. 1397ee(b)));
            (2) a State may elect to apply or disregard any income, 
        asset, or resource limitation permitted under the State 
        medicaid plan or under title XIX of such Act;
            (3) the provisions of section 1916(g) of the Social 
        Security Act (42 U.S.C. 1396o) shall apply to the provision of 
        such assistance in the same manner as the provisions of such 
        section apply with respect to individuals provided medical 
        assistance only under subclause (XV) or (XVI) of section 
        1902(a)(10)(A)(ii) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii));
            (4) a State may elect to provide such assistance in 
        accordance with section 1902(a)(34) of the Social Security Act 
        (42 U.S.C. 1396a(a)(34)) and any assistance provided with 
        respect to a month described in that section shall not be 
        included in the determination of the 18-month period under 
        subsection (b)(2);
            (5) a State may elect to make eligible for such medical 
        assistance a dependent spouse or children of an individual 
        eligible for medical assistance under subsection (a), if such 
        spouse or children are uninsured;
            (6) individuals eligible for medical assistance under this 
        section 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 (42 U.S.C. 1396d(a));
            (7) a State may elect to provide such medical assistance 
        without regard to any limitation under sections 401(a), 402(b), 
        403, and 421 of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a), 
        1612(b), 1613, and 1631) and no debt shall accrue under an 
        affidavit of support against any sponsor of an individual who 
        is an alien who is provided such assistance, and the cost of 
        such assistance shall not be considered as an unreimbursed 
        cost; and
            (8) the Secretary of Health and Human Services shall not 
        count, for purposes of section 1108(f) of the Social Security 
        Act (42 U.S.C. 1308(f)), such amount of payments under this 
        section as bears a reasonable relationship to the average 
        national proportion of payments made under this section for the 
        50 States and the District of Columbia to the payments 
        otherwise made under title XIX for such States and District.

SEC. 203. STATE OPTION TO PROVIDE TEMPORARY COVERAGE UNDER MEDICAID FOR 
              THE UNSUBSIDIZED PORTION OF COBRA CONTINUATION PREMIUMS.

    (a) State Option.--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 form of payment 
for the portion of the premium for COBRA continuation coverage for 
which an eligible individual does not receive a subsidy under the 
premium assistance program established under section 201 in the case of 
an eligible individual--
            (1) who is also eligible for, and has elected coverage 
        under, COBRA continuation coverage;
            (2) who is receiving premium assistance under the program 
        established under section 201; and
            (3) whose family income does not exceed 200 percent of the 
        poverty line.
    (b) Limitation of Period of Coverage.--Medical assistance provided 
in accordance with this section shall end with respect to an individual 
on the earlier of--
            (1) the date the eligible individual is no longer covered 
        under COBRA continuation coverage; or
            (2) 12 months after the date the eligible individual first 
        receives such assistance under this section.
    (c) Special Rules.--In the case of medical assistance provided 
under this section--
            (1) such assistance may be provided without regard to--
                    (A) whether the State otherwise has elected to make 
                medical assistance available for COBRA premiums under 
                section 1902(a)(10)(F) of the Social Security Act (42 
                U.S.C. 1396a(a)(10)(F)); or
                    (B) the conditions otherwise imposed for the 
                provision of medical assistance for such COBRA premiums 
                under clause (XII) of the matter following section 
                1902(a)(10)(G) of the Social Security Act (42 U.S.C. 
                1396a(a)(10)(G)), or paragraphs (1)(B), (1)(C), (1)(D), 
                and (4) of section 1902(u) of such Act (42 U.S.C. 
                1396a(u)); and
            (2) paragraphs (1), (2), (4), (5), (7), and (8) of 
        subsection (c) of section 202 apply to such assistance in the 
        same manner as such paragraphs apply to the provision of 
        medical assistance under that section.

SEC. 204. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``administrator'' has the 
        meaning given that term in section 3(16)(A) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(A)).
            (2) COBRA continuation coverage.--
                    (A) In general.--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.
                    (B) Application in states requiring coverage.--Such 
                term includes continuation coverage provided in a State 
                that has enacted a law that requires such continuation 
                coverage even though the continuation coverage would 
                not otherwise be required under the provisions of law 
                referred to in subparagraph (A).
            (3) Eligible individual.--For purposes of this section, the 
        term ``eligible individual'' means an eligible employee as 
        defined in section 101.
            (4) Federal public benefit.--The term ``Federal public 
        benefit'' has the meaning given that term in section 401(c) of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1611(c)).
            (5) Group health plan.--The term ``group health plan'' has 
        the meaning given that term in section 2791(a) of the Public 
        Health Service Act (42 U.S.C. 300gg-91(a)), section 607(1) of 
        the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1167(1)), and section 4980B(g)(2) of the Internal Revenue Code 
        of 1986.
            (6) Health insurance coverage.--The term ``health insurance 
        coverage'' has the meaning given that term in section 
        2791(b)(1) of the Public Health Service Act (42 U.S.C. 300gg-
        91(b)(1)).
            (7) Multiemployer plan.--The term ``multiemployer plan'' 
        has the meaning given that term in section 3(37) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(37)).
            (8) Poverty line.--The term ``poverty line'' has the 
        meaning given that term in section 2110(c)(5) of the Social 
        Security Act (42 U.S.C. 1397jj(c)(5)).
            (9) State.--The term ``State'' has the meaning given such 
        term for purposes of title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.).
            (10) State or local public benefit.--The term ``State or 
        local public benefit'' has the meaning given that term in 
        section 411(c) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)).
            (11) Uninsured.--
                    (A) In general.--The term ``uninsured'' means, with 
                respect to an individual, that the individual is not 
                covered under--
                            (i) a group health plan;
                            (ii) health insurance coverage; or
                            (iii) a program under title XVIII, XIX, or 
                        XXI of the Social Security Act (other than 
                        under such title XIX pursuant to section 202).
                    (B) Exclusion.--Such coverage under clause (i) or 
                (ii) shall not include coverage consisting solely of 
                coverage of excepted benefits (as defined in section 
                2791(c) of the Public Health Service Act (42 U.S.C. 
                300gg-91(c)).

                       TITLE III--OTHER BENEFITS

SEC. 301. TEMPORARY EXTENSION OF TEUCA FOR QUALIFYING INDIVIDUALS.

    (a) In General.--Title II of the Job Creation and Worker Assistance 
Act of 2002 (Public Law 107-147; 116 Stat. 21, 26) is amended by adding 
at the end the following:

``SEC. 210. TEMPORARY EXTENSION OF TEUCA FOR QUALIFYING INDIVIDUALS.

    ``(a) Qualifying Individual Defined.--For purposes of this section, 
the term `qualifying individual' means an individual who is or was 
eligible for unemployment benefits and who is an eligible employee, as 
defined in section 101 of the Airline Worker Relief Act.
    ``(b) Temporary Extension, etc.--For purposes of determining 
eligibility for and the amount of any temporary extended unemployment 
compensation which might be payable to a qualifying individual, this 
title shall be applied as if--
            ``(1) the provisions of the bill, H.R. 5491 (107th 
        Congress), as introduced, had been enacted into law on the date 
        of enactment of the Airline Worker Relief Act; and
            ``(2) the provisions referred to in paragraph (1) applied 
        only with respect to qualifying individuals.
    ``(c) Publication Requirement.--In publishing the Airline Worker 
Relief Act in slip form and in the United States Statutes at Large 
pursuant to section 112 of title 1, United States Code, the Archivist 
of the United States shall include after the date of approval at the 
end, as part of an appendix, the text of the bill referred to in 
subsection (b)(1).
    ``(d) Regulations.--The Secretary of Labor may prescribe any 
operating instructions or regulations necessary to carry out this 
section.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding after the item relating to section 209 the following:

``210. Temporary extension of TEUCA for qualifying individuals.''.

SEC. 302. PREFERENCE FOR DISPLACED AIRLINE WORKERS IN HIRING OF AIRPORT 
              SECURITY SCREENING PERSONNEL.

    Section 44935(e)(2) of title 49, United States Code, is amended--
            (1) by striking the paragraph heading and inserting 
        ``Preferences.--''; and
            (2) by adding at the end the following: ``The Under 
        Secretary also shall provide a preference for the hiring of an 
        individual as a security screener if the individual is an 
        eligible employee as defined in section 101 of the Airline 
        Worker Relief Act.''.

SEC. 303. PERFORMANCE INCENTIVE AWARDS FOR HIRING ELIGIBLE EMPLOYEES.

    (a) Program of Performance Incentive Awards.--
            (1) In general.--The Under Secretary of Transportation for 
        Security shall carry out a program, consistent with the 
        provisions of this section, of performance incentive awards to 
        Federal Security Managers designated under section 44933 of 
        title 49, United States Code, to encourage the hiring of 
        eligible employees.
            (2) Program term.--The Under Secretary shall make 
        performance incentive awards for each fiscal year, beginning 
        with fiscal year 2004, with respect to services for eligible 
        employees during the preceding fiscal year.
    (b) Criteria for Eligibility for Awards.--The Under Secretary, in 
consultation with Federal Security Managers, shall establish criteria 
for eligibility for performance incentive awards for purposes of this 
section.
    (c) Determination of Amount of Award.--
            (1) Measuring federal security manager performance.--The 
        Under Secretary shall determine the amount of a performance 
        incentive award to a Federal Security Manager under this 
        section by measuring the performance of the Manager in 
        providing employment to eligible employees through employment 
        service delivery systems, outreach programs, and other methods 
        in the preceding fiscal year.
            (2) Considerations.--In determining the amount of awards 
        under paragraph (1), the Under Secretary shall provide greater 
        amounts to those Federal Security Managers that the Under 
        Secretary determines furnished, in the preceding fiscal year, 
        the highest quality employment services based on measures of 
        performance.
    (d) Use of Awards.--The Under Secretary may make an incentive award 
to a Federal Security Manager under this section for 1 or more of the 
following purposes:
            (1) To provide bonuses to supplement the annual rate of 
        basic pay of the Federal Security Manager.
            (2) For outreach efforts of the Federal Security Manager in 
        hiring eligible employees.
            (3) For other activities carried out by the Federal 
        Security Manager, consistent with security goals and guidelines 
        established by the Under Secretary.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000.
                                 <all>