[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3090 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     February 14, 2002.
    Resolved, That the bill from the House of Representatives (H.R. 
3090) entitled ``An Act to provide tax incentives for economic 
recovery.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Temporary Extended 
Unemployment Compensation Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Federal-State agreements.
Sec. 3. Temporary extended unemployment compensation account.
Sec. 4. Payments to States having agreements under this Act.
Sec. 5. Financing provisions.
Sec. 6. Fraud and overpayments.
Sec. 7. Definitions.
Sec. 8. Applicability.

SEC. 2. FEDERAL-STATE AGREEMENTS.

    (a) In General.--Any State which desires to do so may enter into 
and participate in an agreement under this Act with the Secretary of 
Labor (in this Act referred to as the ``Secretary''). Any State which 
is a party to an agreement under this Act may, upon providing 30 days 
written notice to the Secretary, terminate such agreement.
    (b) Provisions of Agreement.--Any agreement under subsection (a) 
shall provide that the State agency of the State will make payments of 
temporary extended unemployment compensation to individuals--
            (1) who--
                    (A) first exhausted all rights to regular 
                compensation under the State law on or after the first 
                day of the week that includes September 11, 2001; or
                    (B) have their 26th week of regular compensation 
                under the State law end on or after the first day of 
                the week that includes September 11, 2001;
            (2) who do not have any rights to regular compensation 
        under the State law of any other State; and
            (3) who are not receiving compensation under the 
        unemployment compensation law of any other country.
    (c) Coordination Rules.--
            (1) Temporary extended unemployment compensation to serve 
        as second-tier benefits.--Notwithstanding any other provision 
        of law, neither regular compensation, extended compensation, 
        nor additional compensation under any Federal or State law 
        shall be payable to any individual for any week for which 
        temporary extended unemployment compensation is payable to such 
        individual.
            (2) Treatment of other unemployment compensation.--After 
        the date on which a State enters into an agreement under this 
        Act, any regular compensation in excess of 26 weeks, any 
        extended compensation, and any additional compensation under 
        any Federal or State law shall be payable to an individual in 
        accordance with the State law after such individual has 
        exhausted any rights to temporary extended unemployment 
        compensation under the agreement.
    (d) Exhaustion of Benefits.--For purposes of subsection (b)(1)(A), 
an individual shall be deemed to have exhausted such individual's 
rights to regular compensation under a State law when--
            (1) no payments of regular compensation can be made under 
        such law because the individual has received all regular 
        compensation available to the individual based on employment or 
        wages during the individual's base period; or
            (2) the individual's rights to such compensation have been 
        terminated by reason of the expiration of the benefit year with 
        respect to which such rights existed.
    (e) Weekly Benefit Amount, Terms and Conditions, Etc. Relating to 
Temporary Extended Unemployment Compensation.--For purposes of any 
agreement under this Act--
            (1) the amount of temporary extended unemployment 
        compensation which shall be payable to an individual for any 
        week of total unemployment shall be equal to the amount of 
        regular compensation (including dependents' allowances) payable 
        to such individual under the State law for a week for total 
        unemployment during such individual's benefit year;
            (2) the terms and conditions of the State law which apply 
        to claims for regular compensation and to the payment thereof 
        shall apply to claims for temporary extended unemployment 
        compensation and the payment thereof, except where inconsistent 
        with the provisions of this Act or with the regulations or 
        operating instructions of the Secretary promulgated to carry 
        out this Act; and
            (3) the maximum amount of temporary extended unemployment 
        compensation payable to any individual for whom a temporary 
        extended unemployment compensation account is established under 
        section 3 shall not exceed the amount established in such 
        account for such individual.

SEC. 3. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.

    (a) In General.--Any agreement under this Act shall provide that 
the State will establish, for each eligible individual who files an 
application for temporary extended unemployment compensation, a 
temporary extended unemployment compensation account.
    (b) Amount in Account.--
            (1) In general.--The amount established in an account under 
        subsection (a) shall be equal to 13 times the individual's 
        weekly benefit amount.
            (2) Weekly benefit amount.--For purposes of paragraph 
        (1)(B), an individual's weekly benefit amount for any week is 
        an amount equal to the amount of regular compensation 
        (including dependents' allowances) under the State law payable 
        to the individual for such week for total unemployment.

SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS UNDER THIS ACT.

    (a) General Rule.--There shall be paid to each State that has 
entered into an agreement under this Act an amount equal to 100 percent 
of the temporary extended unemployment compensation paid to individuals 
by the State pursuant to such agreement.
    (b) Determination of Amount.--Sums under subsection (a) payable to 
any State by reason of such State having an agreement under this Act 
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 Act 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 Expenses.--There are appropriated out of the 
employment security administration account (as established by section 
901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the 
Unemployment Trust Fund, without fiscal year limitation, such funds as 
may be necessary for purposes of assisting States (as provided in title 
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
costs of administration of agreements under this Act.

SEC. 5. 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, in accordance with subsection (b), 
for the making of payments (described in section 4(a)) to States having 
agreements entered into under this Act.
    (b) Certification.--The Secretary shall from time to time certify 
to the Secretary of the Treasury for payment to each State the sums 
described in section 4(a) which are payable to such State under this 
Act. 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, as so established) to the account of such State 
in the Unemployment Trust Fund (as so established).

SEC. 6. FRAUD AND OVERPAYMENTS.

    (a) In General.--If an individual knowingly has made, or caused to 
be made by another, a false statement or representation of a material 
fact, or knowingly has failed, or caused another to fail, to disclose a 
material fact, and as a result of such false statement or 
representation or of such nondisclosure such individual has received 
any temporary extended unemployment compensation under this Act to 
which such individual was not entitled, such individual--
            (1) shall be ineligible for any further benefits under this 
        Act in accordance with the provisions of the applicable State 
        unemployment compensation law relating to fraud in connection 
        with a claim for unemployment compensation; and
            (2) shall be subject to prosecution under section 1001 of 
        title 18, United States Code.
    (b) Repayment.--In the case of individuals who have received any 
temporary extended unemployment compensation under this Act to which 
such individuals were not entitled, the State shall require such 
individuals to repay those benefits to the State agency, except that 
the State agency may waive such repayment if it determines that--
            (1) the payment of such benefits was without fault on the 
        part of any such individual; and
            (2) such repayment would be contrary to equity and good 
        conscience.
    (c) Recovery by State Agency.--
            (1) In general.--The State agency may recover the amount to 
        be repaid, or any part thereof, by deductions from any regular 
        compensation or temporary extended unemployment compensation 
        payable to such individual under this Act or from any 
        unemployment compensation payable to such individual under any 
        Federal unemployment compensation law administered by the State 
        agency or under any other Federal law administered by the State 
        agency which provides for the payment of any assistance or 
        allowance with respect to any week of unemployment, during the 
        3-year period after the date such individuals received the 
        payment of the temporary extended unemployment compensation to 
        which such individuals were not entitled, except that no single 
        deduction may exceed 50 percent of the weekly benefit amount 
        from which such deduction is made.
            (2) Opportunity for hearing.--No repayment shall be 
        required, and no deduction shall be made, until a determination 
        has been made, notice thereof and an opportunity for a fair 
        hearing has been given to the individual, and the determination 
        has become final.
    (d) Review.--Any determination by a State agency under this section 
shall be subject to review in the same manner and to the same extent as 
determinations under the State unemployment compensation law, and only 
in that manner and to that extent.

SEC. 7. DEFINITIONS.

    In this Act, the terms ``compensation'', ``regular compensation'', 
``extended compensation'', ``additional compensation'', ``benefit 
year'', ``base period'', ``State'', ``State agency'', ``State law'', 
and ``week'' have the respective meanings given such terms under 
section 205 of the Federal-State Extended Unemployment Compensation Act 
of 1970 (26 U.S.C. 3304 note).

SEC. 8. APPLICABILITY.

    An agreement entered into under this Act shall apply to weeks of 
unemployment--
            (1) beginning after the date on which such agreement is 
        entered into; and
            (2) ending before January 6, 2003.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                               H. R. 3090

_______________________________________________________________________

                               AMENDMENT