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108th CONGRESS
1st Session
S. 923
To provide for additional weeks of temporary extended unemployment
compensation, to provide for a program of temporary enhanced regular
unemployment compensation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2003
Mr. Kennedy (for himself, Mr. Smith, Mr. Daschle, Mrs. Clinton, Mr.
Reed, Mr. Durbin, Mr. Sarbanes, Mr. Bingaman, Mr. Rockefeller, Mr.
Dodd, Mr. Levin, Mrs. Murray, Mr. Harkin, Ms. Mikulski, Ms. Cantwell,
and Mr. Schumer) introduced the following bill; which was read twice
and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide for additional weeks of temporary extended unemployment
compensation, to provide for a program of temporary enhanced regular
unemployment compensation, and for other purposes.
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 ``Economic Security
Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXTENSION AND ENHANCEMENT OF TEMPORARY EXTENDED UNEMPLOYMENT
COMPENSATION
Sec. 101. Extension of the Temporary Extended Unemployment Compensation
Act of 2002.
Sec. 102. Entitlement to additional weeks of temporary extended
unemployment compensation.
TITLE II--TEMPORARY ENHANCED REGULAR UNEMPLOYMENT COMPENSATION
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.
Sec. 206. Coordination with the Temporary Extended Unemployment
Compensation Act of 2002.
TITLE I--EXTENSION AND ENHANCEMENT OF TEMPORARY EXTENDED UNEMPLOYMENT
COMPENSATION
SEC. 101. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) In General.--Section 208 of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30), as amended
by Public Law 108-1 (117 Stat. 3), is amended--
(1) in subsection (a)(2), by striking ``before June 1'' and
inserting ``on or before November 30'';
(2) in subsection (b)(1), by striking ``May 31, 2003'' and
inserting ``November 30, 2003'';
(3) in subsection (b)(2)--
(A) in the heading, by striking ``may 31, 2003''
and inserting ``november 30, 2003''; and
(B) by striking ``May 31, 2003'' and inserting
``November 30, 2003''; and
(4) in subsection (b)(3), by striking ``August 30, 2003''
and inserting ``February 28, 2004''.
(b) Effective Date.--The amendments 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; 116 Stat.
21).
SEC. 102. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
(a) Entitlement to Additional Weeks.--
(1) In general.--Paragraph (1) of section 203(b) of the
Temporary Extended Unemployment Compensation Act of 2002
(Public Law 107-147; 116 Stat. 28) is amended--
(A) in subparagraph (A), by striking ``50 percent''
and inserting ``100 percent''; and
(B) in subparagraph (B), by striking ``13 times''
and inserting ``26 times''.
(2) Repeal of restriction on augmentation during
transitional period.--Section 208(b) of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147), as
amended by Public Law 108-1 (117 Stat. 3) and section 101(a),
is amended--
(A) in paragraph (1)--
(i) by striking ``paragraphs (2) and (3)''
and inserting ``paragraph (2)''; and
(ii) by inserting before the period at the
end the following: ``, including such
compensation payable by reason of amounts
deposited in such account after such date
pursuant to the application of subsection (c)
of such section'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
(3) Extension of transition limitation.--Section 208(b)(2)
of the Temporary Extended Unemployment Compensation Act of 2002
(Public Law 107-147), as amended by Public Law 108-1 (117 Stat.
3) and section 101(a)(4) and as redesignated by paragraph (2),
is amended by striking ``February 28, 2004'' and inserting
``May 29, 2004''.
(4) Conforming amendment for augmented benefits.--Section
203(c)(1) of the Temporary Extended Unemployment Compensation
Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended by
striking ``the amount originally established in such account
(as determined under subsection (b)(1))'' and inserting ``7
times the individual's average weekly benefit amount for the
benefit year''.
(b) Effective Date and Application.--
(1) In general.--The amendments made by subsection (a)
shall apply with respect to weeks of unemployment beginning on
or after the date of enactment this Act.
(2) TEUC-X amounts deposited in account prior to date of
enactment deemed to be the additional teuc amounts provided by
this section.--In applying the amendments made by subsection
(a) under the Temporary Extended Unemployment Compensation Act
of 2002 (Public Law 107-147; 116 Stat. 26), the Secretary of
Labor shall deem any amounts deposited into an individual's
temporary extended unemployment compensation account by reason
of section 203(c) of such Act (commonly known as ``TEUC-X
amounts'') prior to the date of enactment of this Act to be
amounts deposited in such account by reason of section 203(b)
of such Act, as amended by subsection (a) (commonly known as
``TEUC amounts'').
(3) Application to exhaustees and current beneficiaries.--
(A) Exhaustees.--In the case of any individual--
(i) to whom any temporary extended
unemployment compensation was payable for any
week beginning before the date of enactment of
this Act; and
(ii) who exhausted such individual's rights
to such compensation (by reason of the payment
of all amounts in such individual's temporary
extended unemployment compensation account)
before such date,
such individual's eligibility for any additional weeks
of temporary extended unemployment compensation by
reason of the amendments made by subsection (a) shall
apply with respect to weeks of unemployment beginning
on or after the date of enactment of this Act.
(B) Current beneficiaries.--In the case of any
individual--
(i) to whom any temporary extended
unemployment compensation was payable for any
week beginning before the date of enactment of
this Act; and
(ii) as to whom the condition described in
subparagraph (A)(ii) does not apply,
such individual shall be eligible for temporary
extended unemployment compensation (in accordance with
the provisions of the Temporary Extended Unemployment
Compensation Act of 2002, as amended by subsection (a))
with respect to weeks of unemployment beginning on or
after the date of enactment of this Act.
(4) Redetermination of eligibility for augmented amounts
for individuals for whom such a determination was made prior to
the date of enactment.--Any determination of whether the
individual's State is in an extended benefit period under
section 203(c) of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28)
made prior to the date of enactment of this Act shall be
disregarded and the determination under such section shall be
made as follows:
(A) Individuals who exhausted all teuc and teuc-x
amounts prior to the date of enactment.--In the case of
an individual whose temporary extended unemployment
account has, prior to the date of enactment of this
Act, been both augmented under such section 203(c) and
exhausted of all amounts by which it was so augmented,
the determination shall be made as of such date of
enactment.
(B) All other individuals.--In the case of an
individual who is not described in subparagraph (A),
the determination shall be made at the time that the
individual's account established under such section
203, as amended by subsection (a), is exhausted.
TITLE II--TEMPORARY ENHANCED REGULAR UNEMPLOYMENT COMPENSATION
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 (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.--Subject to paragraph (3), any agreement
under subsection (a) shall provide that the State agency of the
State, in addition to any amounts of regular compensation to
which an individual may be entitled under the State law, shall
make payments of temporary enhanced regular unemployment
compensation to an individual in an amount and to the extent
that the individual would be entitled to regular compensation
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, then eligibility for
compensation 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, then compensation 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.
(3) Reduction of amounts of regular compensation available
for individuals who sought part-time work or failed to accept
full-time work.--Any agreement under subsection (a) shall
provide that the State agency of the State shall reduce the
amount of regular compensation available to an individual who
has received temporary enhanced regular unemployment
compensation as a result of the application of the modification
described in paragraph (2)(B) by the amount of such temporary
enhanced regular unemployment compensation.
(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 temporary enhanced regular
unemployment compensation; and
(2) 100 percent of any regular compensation 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 subparagraphs (A) and (B) of section 201(b)(2),
but only 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.
SEC. 203. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act
(42 U.S.C. 1105(a))), and the Federal unemployment account (as
established by section 904(g) of such Act (42 U.S.C. 1104(g))), of the
Unemployment Trust Fund (as established by section 904(a) of such Act
(42 U.S.C. 1104(a))) shall be used for the making of payments to States
having agreements entered into under this title.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
which are payable to such State under this title. The Secretary of the
Treasury, prior to audit or settlement by the General Accounting
Office, shall make payments to the State in accordance with such
certification by transfers from the extended unemployment compensation
account (as so established), or, to the extent that there are
insufficient funds in that account, from the Federal unemployment
account, to the account of such State in the Unemployment Trust Fund
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