[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3295 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3295

    To provide for additional benefits under the Temporary Extended 
     Unemployment Compensation Act of 2002, to extend the Federal 
         unemployment benefits system, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 2003

 Mr. English introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To provide for additional benefits under the Temporary Extended 
     Unemployment Compensation Act of 2002, to extend the Federal 
         unemployment benefits system, 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 ``Neighbors in Need 
Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION

Sec. 101. Additional weeks of benefits.
Sec. 102. Program extension in States with high unemployment.
         TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS

Sec. 201. Increase and decrease in earnings credited to State accounts 
                            when States meet or fail to meet funding 
                            goals.
Sec. 202. Interest-free advances to State accounts in Unemployment 
                            Trust Fund restricted to States which meet 
                            funding goals.
       TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

Sec. 301. 2-year suspension of tax on unemployment compensation.
Sec. 302. State collection of Federal unemployment tax.
Sec. 303. Required distribution of State-specific information packets.

         TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION

SEC. 101. ADDITIONAL WEEKS OF BENEFITS.

    (a) In General.--Section 203 of the Temporary Extended Unemployment 
Compensation Act of 2002 is amended by adding at the end the following:
    ``(d) Additional Weeks of Benefits.--Notwithstanding any other 
provision of this section, upon the exhaustion of all amounts that may 
be credited to an individual's account under the preceding provisions 
of this section, such account shall be increased by an amount equal to 
8 times the individual's average weekly benefit amount for the benefit 
year (as determined under subsection (b)(2)).''.
    (b) Effective Date and Applicability.--The amendment made by 
subsection (a)--
            (1) shall take effect as if included in the enactment of 
        the Temporary Extended Unemployment Compensation Act of 2002, 
        and shall apply to weeks of unemployment beginning on or after 
        the date of the enactment of this Act, but
            (2) shall not apply in the case of any individual whose 
        eligibility for additional weeks of benefits would be based on 
        an exhaustion of amounts (as required under such amendment) 
        occurring on or after the date of the enactment of this Act.

SEC. 102. PROGRAM EXTENSION IN STATES WITH HIGH UNEMPLOYMENT.

    (a) Applicability.--This section applies only to any State with 
respect to which, during the last week in December 2003, an extended 
benefit period (as described in section 203 of the Federal-State 
Extended Unemployment Compensation Act of 1970)--
            (1) is in effect; or
            (2) would be in effect, if subsection (d) of such section 
        203 were applied by substituting--
                    (A) ``100'' for ``120'' in paragraph (1)(A); and
                    (B) ``3.5'' for ``5'' in paragraph (1)(B) and the 
                first flush sentence following paragraph (2).
    (b) Extension.--In the case of each State that satisfies subsection 
(a), section 208 of the Temporary Extended Unemployment Compensation 
Act of 2002 shall be applied as if it had been amended--
            (1) in subsection (a)(2), by striking ``December 31, 2003'' 
        and inserting ``March 31, 2004'';
            (2) in subsection (b)(1), by striking ``December 31, 2003'' 
        and inserting ``March 31, 2004'';
            (3) in subsection (b)(2)--
                    (A) in the heading, by striking ``december 31, 
                2003'' and inserting ``march 31, 2004''; and
                    (B) by striking ``December 31, 2003'' and inserting 
                ``March 31, 2004''; and
            (4) in subsection (b)(3), by striking ``March 31, 2004'' 
        and inserting ``June 30, 2004''.
    (c) Definitions.--For purposes of this section, the terms ``State'' 
and ``week'' have the respective meanings given such terms under 
section 207 of the Temporary Extended Unemployment Compensation Act of 
2002.
    (d) Rule of Construction.--Nothing in this Act shall be considered 
to limit, terminate, or otherwise affect any unemployment benefits 
provided under section 4002 of the Emergency Wartime Supplemental 
Appropriations Act, 2003.
    (e) 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.

         TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS

SEC. 201. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS 
              WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS.

    (a) In General.--Section 904 of the Social Security Act (42 U.S.C. 
1104) is amended by adding at the end the following new subsection:

   ``Increase and Decrease in Amount of Earnings Allocated to State 
        Accounts When States Meet or Fail to Meet Funding Goals

    ``(h)(1) If the average daily balance in a State account in the 
Unemployment Trust Fund for any calendar quarter exceeds the funding 
goal of such State, the amount otherwise creditable to such account 
under subsection (e) for such quarter shall be increased by the 
interest premium on such excess. If the average daily balance in such a 
State account for any calendar quarter is less than the funding goal of 
such State, the amount otherwise creditable to such account under 
subsection (e) for such quarter shall be decreased by the interest 
penalty.
    ``(2) Paragraph (1) shall not apply with respect to any interest 
premium or interest penalty to the extent that such application would 
result in an increase or decrease of more than $2,500,000 in the amount 
creditable to any State account for any calendar quarter.
    ``(3) For purposes of this subsection, the term `interest premium' 
means, for any calendar quarter--
            ``(A) with respect to the State with the largest percentage 
        value of excess of the average daily balance in the State 
        account in the Unemployment Trust Fund over the funding goal of 
        such State, one-half of one percent of the amount of such 
        excess, and
            ``(B) with respect to each other State, the product of--
                    ``(i) the amount of the excess of the average daily 
                balance in the State account in the Unemployment Trust 
                Fund over the funding goal of such State, and
                    ``(ii) the percentage which bears the same ratio to 
                one-half of one percent as--
                            ``(I) the percentage value of such excess, 
                        bears to
                            ``(II) the percentage value of the excess 
                        of the State referred to in subparagraph (A).
The Secretary shall make appropriate adjustments in the interest 
premium for any calendar quarter if the aggregate interest premiums 
payable for such quarter exceed the aggregate interest penalties for 
such quarter.
    ``(4) For purposes of this subsection, the term `interest penalty' 
means, for any calendar quarter--
            ``(A) with respect to the State with the largest percentage 
        value of excess of the funding goal of such State over the 
        average daily balance in the State account in the Unemployment 
        Trust Fund, one-half of one percent of the amount otherwise 
        creditable to such account under subsection (e), and
            ``(B) with respect to each other State, the product of--
                    ``(i) the amount otherwise creditable to such 
                account under subsection (e), and
                    ``(ii) the percentage which bears the same ratio to 
                one-half of one percent as--
                            ``(I) the percentage value of the excess of 
                        the funding goal of the State over such average 
daily balance of such State, bears to
                            ``(II) the percentage value of such excess 
                        of the State referred to in subparagraph (A).
    ``(5) For purposes of this subsection, the term `funding goal' 
means, for any State for any calendar quarter, the average of the 
unemployment insurance benefits paid by such State during each of the 3 
years, in the 20-year period ending with the calendar year containing 
such calendar quarter, during which the State paid the greatest amount 
of unemployment benefits.
    ``(6) For purposes of this subsection, the term `percentage value' 
means--
            ``(A) with respect to any excess of the average daily 
        balance in a State account in the Unemployment Trust Fund over 
        the funding goal of such State, the percentage which such 
        excess bears to such funding goal, and
            ``(B) with respect to any excess of such funding goal over 
        such average daily balance, the percentage which such excess 
        bears to such funding goal.''.
    (b) Conforming Amendments.--
            (1) Amounts credited to state accounts.--Subsection (e) of 
        section 904 of the Social Security Act (42 U.S.C. 1104(e)) is 
        amended in the first sentence by inserting ``(as modified by 
        subsection (h))'' after ``a proportionate part''.
            (2) Interest rate on repayment of advances determined 
        without regard to interest premiums or penalties on amounts 
        credited to state accounts.--Subparagraph (A) of section 
        1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by 
        inserting ``(determined without regard to section 904(h))'' 
        after ``preceding calendar year''.
    (c) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Labor shall submit to the 
Congress a report recommending sources of funding for the crediting of 
interest premiums under subsection (h) of section 904 of the Social 
Security Act (42 U.S.C. 1104), as added by this section, in the event 
that the imposition of interest penalties under such subsection is 
insufficient to fund such premiums.
    (d) Effective Date.--The amendments made by this section shall 
apply to calendar years beginning after December 31, 2007.

SEC. 202. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT 
              TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS.

    (a) In General.--Subparagraph (C) of section 1202(b)(2) of the 
Social Security Act (42 U.S.C. 1322(b)(2)) is amended to read as 
follows:
            ``(C) the average daily balance in the account of such 
        State in the Unemployment Trust Fund for each of 4 of the 5 
        calendar quarters preceding the calendar quarter in which such 
        advances were made exceeds the funding goal of such State (as 
        defined in section 904(h)).''
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to calendar years beginning after the date of the enactment of 
this Act.

       TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

SECTION 301. 2-YEAR SUSPENSION OF TAX ON UNEMPLOYMENT COMPENSATION.

    (a) In General.--Section 85 of the Internal Revenue Code of 1986 
(relating to unemployment compensation) is amended by adding at the end 
the following new subsection:
    ``(c) Moratorium.--This section shall not apply to taxable years 
beginning in 2004 or 2005.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2003.

SEC. 302. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX.

    (a) In General.--Chapter 23 of the Internal Revenue Code of 1986 
(relating to Federal Unemployment Tax Act) is amended by redesignating 
section 3311 as section 3312 and by inserting after section 3310 the 
following new section:

``SEC. 3311. STATE COLLECTION OF TAX.

    ``(a) In General.--At the election of any State which is certified 
as provided in section 3304, each employer who pays contributions, with 
respect to any wages, into an unemployment fund maintained under the 
unemployment compensation law of such State shall submit the tax 
imposed by this chapter with respect to such wages to such State rather 
than to the Secretary.
    ``(b) Coordination With Depositary Requirements.--Payment under 
subsection (a) of the tax imposed by this chapter with respect to any 
wages shall be treated as timely paid for purposes of this title if 
paid by the employer to the State at the same time as a timely paid 
payment, with respect to such wages, of contributions into an 
unemployment fund maintained under the unemployment compensation law of 
such State.
    ``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall 
not apply to any payment of the tax imposed by this chapter which is 
not paid by an employer on or before the last date on which such 
payment would be treated as timely paid under subsection (b).
    ``(d) Federal Tax Transferred to Secretary.--Each State making an 
election under subsection (a) shall transmit to the Secretary, at the 
time and in the manner prescribed by the Secretary, the amount of the 
tax imposed by this chapter which is submitted to such State under 
subsection (a) and a copy of the State tax return of each employer 
making such a submission. The Secretary may, after consultation with 
such organizations or other entities as the Secretary considers 
appropriate, prescribe regulations requiring that additional 
information be submitted by such State with respect to the amount of 
such tax payable by such employer.''
    (b) Clerical Amendment.--The table of sections for chapter 23 of 
such Code is amended by striking the item relating to section 3311 and 
inserting the following new items:

                              ``Sec. 3311. State collection of tax.
                              ``Sec. 3312. Short title.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2004.

SEC. 303. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.

    (a) In General.--Subsection (a) of section 3304 of the Internal 
Revenue Code of 1986 (relating to approval of State laws) is amended by 
striking ``and'' at the end of paragraph (18), by striking the period 
at the end of paragraph (19) and inserting ``; and'', and by adding at 
the end the following new paragraph:
            ``(20) the State will distribute to unemployed individuals 
        State-specific information packets explaining unemployment 
        insurance eligibility conditions.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to certifications of States for 2004, except that section 
3304(a)(20) of such Code, as added by subsection (a), shall not be a 
requirement for the State law of any State prior to July 1, 2005, if 
the legislature of such State does not meet in a regular session which 
closes during the calendar year 2004.
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