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108th CONGRESS
1st Session
H. R. 3499
To provide extended unemployment benefits to displaced workers, and to
make other improvements in the unemployment insurance system.
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IN THE HOUSE OF REPRESENTATIVES
November 17, 2003
Ms. Hooley of Oregon introduced the following bill; which was referred
to the Committee on Ways and Means
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A BILL
To provide extended unemployment benefits to displaced workers, and to
make other improvements in the unemployment insurance system.
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 ``Emergency
Unemployment Compensation Extension Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 101. References.
Sec. 102. Extension of the Temporary Extended Unemployment Compensation
Act of 2002.
Sec. 103. Entitlement to additional weeks of temporary extended
unemployment compensation.
Sec. 104. Extended benefit periods.
TITLE II--UNEMPLOYMENT BENEFITS FOR INDIVIDUALS QUALIFYING BASED ON
PART-TIME WORK OR AN ALTERNATIVE BASE PERIOD
Sec. 201. Federal-State agreements.
Sec. 202. Payments to States having agreements under this title.
Sec. 203. Financing provisions.
Sec. 204. Definitions.
Sec. 205. Applicability.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Temporary Extended Unemployment Compensation Act
of 2002 (Public Law 107-147; 26 U.S.C. 3304 note).
SEC. 102. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) Six-Month Extension of Program.--Section 208 is amended to read
as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before July 1, 2004.
``(b) Transition.--In the case of an individual who is receiving
temporary extended unemployment compensation for the week which
immediately precedes the first day of the week that includes July 1,
2004, temporary extended unemployment compensation shall continue to be
payable to such individual for any week thereafter from the account
from which such individual received compensation for the week
immediately preceding that termination date. No compensation shall be
payable by reason of the preceding sentence for any week beginning
after December 31, 2004.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note).
SEC. 103. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
(a) Weeks of TEUC Amounts.--Paragraph (1) of section 203(b) is
amended to read as follows:
``(1) In general.--The amount established in an account
under subsection (a) shall be equal to 26 times the
individual's weekly benefit amount for the benefit year.''.
(b) Weeks of TEUC-X Amounts.--Section 203(c)(1) is amended by
striking ``an amount equal to the amount originally established in such
account (as determined under subsection (b)(1))'' and inserting ``13
times the individual's weekly benefit amount for the benefit year''.
(c) Effective Date.--
(1) In general.--The amendments made by this section--
(A) shall take effect as if included in the
enactment of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note); but
(B) shall apply only with respect to weeks of
unemployment beginning on or after the date of
enactment of this Act, subject to paragraph (2).
(2) Special rules.--In the case of an individual for whom a
temporary extended unemployment compensation account was
established before the date of enactment of this Act, the
Temporary Extended Unemployment Compensation Act of 2002 (as
amended by this title) shall be applied subject to the
following:
(A) Any amounts deposited in the individual's
temporary extended unemployment compensation account by
reason of section 203(c) of such Act (commonly known as
``TEUC-X amounts'') before the date of enactment of
this Act shall be treated as amounts deposited by
reason of section 203(b) of such Act (commonly known as
``TEUC amounts''), as amended by subsection (a).
(B) For purposes of determining whether the
individual is eligible for any TEUC-X amounts under
such Act, as amended by this title--
(i) any determination made under section
203(c) of such Act before the application of
the amendments made by this title shall be
disregarded; and
(ii) any such determination shall instead
be made by applying section 203(c) of such Act,
as amended by this title--
(I) as of the time that all amounts
established in such account in
accordance with section 203(b) of such
Act (as amended by this title, and
including any amounts described in
subparagraph (A)) are in fact
exhausted, except that
(II) if such individual's account
was both augmented by and exhausted of
all TEUC-X amounts before the date of
enactment of this Act, such
determination shall be made as if
exhaustion (as described in section
203(c)(1) of such Act) had not occurred
until such date of enactment.
SEC. 104. EXTENDED BENEFIT PERIODS.
(a) Application of Revised Rate of Insured Unemployment.--Section
207 is amended--
(1) by striking ``In'' and inserting ``(a) In General.--
In''; and
(2) by adding at the end the following:
``(b) Insured Unemployment Rate.--For purposes of carrying out
section 203(c) with respect to weeks of unemployment beginning on or
after the date of enactment of this subsection, the term `rate of
insured unemployment', as used in section 203(d) of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note),
has the meaning given such term under section 203(e)(1) of such Act,
except that individuals exhausting their right to regular compensation
during the most recent 3 calendar months for which data are available
before the close of the period for which such rate is being determined
shall be taken into account as if they were individuals filing claims
for regular compensation for each week during the period for which such
rate is being determined, and section 203(d)(1)(A) of such Act shall be
applied by substituting `either (or both)' for `each'.''.
(b) Additional Extended Benefit Period Trigger.--
(1) In general.--Section 203(c) is amended by adding at the
end the following:
``(3) Additional extended benefit period trigger.--
``(A) In general.--Effective with respect to
compensation for weeks of unemployment beginning on or
after the date of enactment of this paragraph, an
agreement under this title shall provide that, in
addition to any other extended benefit period trigger,
for purposes of beginning or ending any extended
benefit period under this section--
``(i) there is a State `on' indicator for a
week if the average rate of total unemployment
in such State (seasonally adjusted) for the
period consisting of the most recent 3 months
for which data for all States are published
before the close of such week equals or exceeds
6 percent; and
``(ii) there is a State `off' indicator for
a week if the requirement under clause (i) is
not satisfied.
``(B) No effect on other determinations.--
Notwithstanding the provisions of any agreement
described in subparagraph (A), any week for which there
would otherwise be a State `on' indicator shall
continue to be such a week and shall not be determined
to be a week for which there is a State `off'
indicator.
``(C) Determinations made by the secretary.--For
purposes of this subsection, determinations of the rate
of total unemployment in any State for any period (and
of any seasonal adjustment) shall be made by the
Secretary.''.
(2) Conforming amendment.--Section 203(c)(1) is amended by
inserting ``or (3)'' after ``paragraph (2)''.
TITLE II--UNEMPLOYMENT BENEFITS FOR INDIVIDUALS QUALIFYING BASED ON
PART-TIME WORK OR AN ALTERNATIVE BASE PERIOD
SEC. 201. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this title with the Secretary of
Labor (hereinafter in this title referred to as the ``Secretary''). Any
State which is a party to an agreement under this title may, upon
providing 30 days' written notice to the Secretary, terminate such
agreement.
(b) Provisions of Agreement.--
(1) In general.--Any agreement under subsection (a) shall
provide that the State agency of the State will make payments
of regular compensation to individuals in amounts and to the
extent that they would be determined if the State law were
applied with the modifications described in paragraph (2).
(2) Modifications described.--The modifications described
in this paragraph are as follows:
(A) In the case of an individual who is not
eligible for regular compensation under the State law
because of the use of a definition of base period that
does not count wages earned in the most recently
completed calendar quarter, eligibility for
compensation under this title shall be determined by
applying a base period ending at the close of the most
recently completed calendar quarter.
(B) In the case of an individual who is not
eligible for regular compensation under the State law
because such individual does not meet requirements
relating to availability for work, active search for
work, or refusal to accept work, because such
individual is seeking, or is available for, less than
full-time work, compensation under this title shall not
be denied by such State to an otherwise eligible
individual who seeks less than full-time work or fails
to accept full-time work.
(c) Coordination Rule.--The modifications described in subsection
(b)(2) shall also apply in determining the amount of benefits payable
under any Federal law to the extent that those benefits are determined
by reference to regular compensation payable under the State law of the
State involved.
SEC. 202. PAYMENTS TO STATES HAVING AGREEMENTS UNDER THIS TITLE.
(a) General Rule.--There shall be paid to each State which has
entered into an agreement under this title an amount equal to--
(1) 100 percent of any regular compensation made payable to
individuals by such State by virtue of the modifications which
are described in section 201(b)(2) and deemed to be in effect
with respect to such State pursuant to section 201(b)(1), and
(2) 100 percent of any regular compensation--
(A) which is paid to individuals by such State by
reason of the fact that its State law contains
provisions comparable to the modifications described in
section 201(b)(2), but only
(B) to the extent that those amounts would, if such
amounts were instead payable by virtue of the State
law's being deemed to be so modified pursuant to
section 201(b)(1), have been reimbursable under
paragraph (1).
(b) Determination of Amount.--Sums under subsection (a) payable to
any State by reason of such State having an agreement under this title
shall be payable, either in advance or by way of reimbursement (as may
be determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this title for
each calendar month, reduced or increased, as the case may be, by any
amount by which the Secretary finds that the Secretary's estimates for
any prior calendar month were greater or less than the amounts which
should have been paid to the State. Such estimates may be made on the
basis of such statistical, sampling, or other method as may be agreed
upon by the Secretary and the State agency of the State involved.
(c) Administrative and Other Expenses.--There is hereby
appropriated out of the employment security administration account of
the Unemployment Trust Fund (as established by section 901(a) of the
Social Security Act) $500,000,000 to reimburse States for the costs of
the administration of agreements under this title (including any
improvements in technology in connection therewith) and to provide
reemployment services to unemployment compensation claimants in States
having agreements under this title. Each State's share of the amount
appropriated by the preceding sentence shall be determined by the
Secretary according to the factors described in section 302(a) of the
Social Security Act and certified by the Secretary to the Secretary of
the Treasury.
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