I 111th CONGRESS 1st Session H. R. 3404 IN THE HOUSE OF REPRESENTATIVES July 30, 2009 Mr. McDermott (for himself, Mr. Rangel, Mr. Stark, Mr. Levin, Mr. Lewis of Georgia, Ms. Berkley, Mr. Crowley, Mr. Van Hollen, Mr. Meek of Florida, Mr. Davis of Illinois, Ms. Linda T. Sánchez of California, Mr. Johnson of Georgia, Ms. Fudge, Ms. Hirono, Mr. Nadler of New York, Ms. Bordallo, Mr. Farr, Mr. LaTourette, Mrs. Miller of Michigan, Mr. Peters, Mr. Dingell, and Mrs. Capps) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on 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 amend the Assistance for Unemployed Workers and Struggling Families Act and the Supplemental Appropriations Act, 2008 to provide for the temporary extension of certain unemployment benefits and the temporary availability of further additional emergency unemployment compensation, and for other purposes.

1.

Short title

This Act may be cited as the Emergency Unemployment Compensation Extension Act of 2009.

2.

Temporary extension of certain unemployment benefits

(a)

Emergency unemployment compensation

Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is amended— (1)by striking December 31, 2009 each place it appears and inserting December 31, 2010; (2)in the heading for subsection (b)(2), by striking December 31, 2009 and inserting December 31, 2010; and (3)in subsection (b)(3), by striking May 31, 2010 and inserting May 31, 2011. (b)

Additional regular compensation

Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended— (1)in paragraph (1)(B), by striking January 1, 2010 and inserting January 1, 2011; (2)in the heading for paragraph (2), by striking January 1, 2010 and inserting January 1, 2011; and (3)in paragraph (3), by striking June 30, 2010 and inserting June 30, 2011. (c)

Full funding of extended benefits

Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended— (1)by striking January 1, 2010 each place it appears and inserting January 1, 2011; (2)in subsection (c), by striking June 1, 2010 and inserting June 1, 2011; and (3)in subsection (d), by striking May 30, 2010 and inserting May 30, 2011.

3.

Additional emergency unemployment compensation

(a)

In general

Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is amended by adding at the end the following: (d)

Further additional emergency unemployment compensation

(1)

In general

If, at the time that the amount added to an individual’s account under subsection (c)(1) (hereinafter additional emergency unemployment compensation) is exhausted or at any time thereafter, such individual’s State is in an extended benefit period (as determined under paragraph (2)), such account shall be further augmented by an amount (hereinafter further additional emergency unemployment compensation) equal to the lesser of— (A)50 percent of the total amount of regular compensation (including dependents’ allowances) payable to the individual during the individual’s benefit year under the State law; or (B)13 times the individual’s average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year. (2)

Extended benefit period

For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if— (A)such a period is then in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970; (B)such a period would then be in effect for such State under such Act if section 203(d) of such Act— (i)were applied by substituting 6 for 5 each place it appears; and (ii)did not include the requirement under paragraph (1)(A) thereof; or (C)such a period would then be in effect for such State under such Act if— (i)section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and (ii)such section 203(f)— (I)were applied by substituting 9.0 for 6.5 in paragraph (1)(A)(i) thereof; and (II)did not include the requirement under paragraph (1)(A)(ii) thereof. (3)

Coordination rule

Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any further additional emergency unemployment compensation, if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of additional emergency unemployment compensation. (4)

Limitation

The account of an individual may be augmented not more than once under this subsection. . (b)

Conforming amendment to non-augmentation rule

Section 4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note), as amended by section 2(a), is further amended— (1)by striking then section 4002(c) and inserting then subsections (c) and (d) of section 4002; and (2)by striking paragraph (2) of such section) and inserting paragraph (2) of such subsection (c) or (d) (as the case may be)). (c)

Effective date

The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.

4.

Transfer of funds

Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is amended by striking Act; and inserting Act and the Emergency Unemployment Compensation Extension Act of 2009;.

5.

Additional extended unemployment benefits under the Railroad Unemployment Insurance Act

(a)

Benefits

Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), is amended— (1)in clause (iii)— (A)by striking June 30, 2009 and inserting June 30, 2010; (B)by striking December 31, 2009 and inserting December 31, 2010; and (2)by adding at the end of clause (iv) the following: In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.. (b)

Administrative expenses

Section 2006 of the American Recovery and Reinvestment Act of 2009 is amended by adding at the end of subsection (b) the following: In addition to funds appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $807,000 to cover the administrative expenses associated with the payment of additional extended unemployment benefits under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, to remain available until expended..

6.

Efficient use of the National Directory of New Hires database for federally-sponsored research assessing the effectiveness of Federal programs in achieving positive labor market outcomes

Section 453 of the Social Security Act (42 U.S.C. 653) is amended— (1)in subsection (i)(2)(A), by striking 24 and inserting 48; (2)in subsection (j)(5), by striking but without personal identifiers and inserting or pursuant to evaluations undertaken to assess the effectiveness of Federal programs in achieving positive labor market outcomes that are conducted under contract to or grant from the Department of Health and Human Services, the Social Security Administration, the Department of Labor, the Department of Education, the Department of Housing and Urban Development, or other Federal departments or agencies supporting the evaluations. For purposes of conducting the evaluations, personal identifiers may be provided to any Federal department or agency and to any agent of any such department or agency, subject to the privacy provisions contained in subsections (l) and (m); and (3)in subsection (l)(2), by inserting , agent conducting research described in subsection (j)(5), before or employee.