[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4183 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4183

To amend the Assistance for Unemployed Workers and Struggling Families 
 Act and the Supplemental Appropriations Act, 2008 to provide for the 
 temporary extension of programs providing unemployment benefits, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 2, 2009

 Mr. McDermott (for himself, Mr. Nadler of New York, Mr. Conyers, Mr. 
Sires, Mr. Ackerman, Ms. Schakowsky, Ms. Hirono, Mr. Lewis of Georgia, 
 Mr. Capuano, Ms. DeLauro, Mr. Michaud, Ms. Woolsey, Mr. Grijalva, Mr. 
Kildee, Mr. Levin, Mr. Cardoza, Ms. Berkley, Mr. Ellison, Mr. DeFazio, 
 Ms. Pingree of Maine, Mr. Langevin, and Ms. McCollum) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 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 programs providing unemployment benefits, 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.

    This Act may be cited as the ``Helping Unemployed Workers Act''.

SEC. 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 ``March 31, 2011'';
            (2) in the heading for subsection (b)(2), by striking 
        ``December 31, 2009'' and inserting ``March 31, 2011''; and
            (3) in subsection (b)(3), by striking ``May 31, 2010'' and 
        inserting ``August 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 ``April 1, 2011'';
            (2) in the heading for paragraph (2), by striking ``January 
        1, 2010'' and inserting ``April 1, 2011''; and
            (3) in paragraph (3), by striking ``June 30, 2010'' and 
        inserting ``September 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 ``April 1, 2011'';
            (2) in subsection (c), by striking ``June 1, 2010'' and 
        inserting ``September 1, 2011''; and
            (3) in subsection (d), by striking ``May 30, 2010'' and 
        inserting ``August 31, 2011''.

SEC. 3. FUNDING FOR TEMPORARY EXTENSION OF CERTAIN UNEMPLOYMENT 
              BENEFITS.

    Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``by 
reason of'' and all that follows and inserting the following: ``by 
reason of--
                    ``(A) the amendments made by section 2001(a) of the 
                Assistance for Unemployed Workers and Struggling 
                Families Act;
                    ``(B) the amendments made by sections 2 through 4 
                of the Worker, Homeownership, and Business Assistance 
                Act of 2009; and
                    ``(C) the amendments made by section 2(a) of the 
                Helping Unemployed Workers Act; and''.

SEC. 4. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION 
              PROGRAMS.

    (a) Payments to States With Certified Programs.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary shall establish a 
        program under which the Secretary shall make payments to any 
        State unemployment trust fund to be used for the payment of 
        unemployment compensation if the Secretary approves an 
        application for certification submitted under paragraph (4) for 
        such State to receive reimbursement for a short-time 
        compensation program (as referred to in section 3304(a)(4) of 
        the Internal Revenue Code of 1986 and section 303(a)(5) of the 
        Social Security Act).
            (2) Requirements for certification.--A program may not be 
        certified, for purposes of this section, unless such program 
        requires--
                    (A) a participating employer to submit and comply 
                with the terms of a written plan approved by the State 
                agency;
                    (B) a participating employer to certify that 
                continuation of health and retirement benefits under a 
                defined benefit pension plan (as defined by section 
                3(35) of the Employee Retirement Income Security Act of 
                1974) is not affected by participation in the program; 
                and
                    (C) in the case of employees represented by a 
                union, that the appropriate official of the union has 
                agreed to the terms of the employer's written plan and 
                implementation is consistent with employer obligations 
                under the National Labor Relations Act.
            (3) Full reimbursement.--Subject to subsection (d), the 
        payment to a State under paragraph (1) shall be an amount equal 
        to 100 percent of the total amount of benefits paid to 
        individuals by the State pursuant to the short-time 
        compensation program for weeks of unemployment--
                    (A) beginning on or after the date as of which a 
                certification is issued by the Secretary with respect 
                to such program; and
                    (B) ending on or before December 31, 2011.
            (4) Certification procedures.--
                    (A) In general.--Any State seeking reimbursement 
                under this subsection shall submit an application for 
                certification at such time, in such manner, and 
                complete with such information as the Secretary may 
                require (whether by regulation or otherwise), including 
                information relating to compliance with the 
                requirements of paragraph (2). The Secretary shall, 
                within 30 days after receiving a complete application, 
                notify the State agency of the State of the Secretary's 
                findings with respect to the requirements of paragraph 
                (2).
                    (B) Findings.--If the Secretary finds that the 
                short-time compensation program operated by the State 
                meets the requirements of paragraph (2), the Secretary 
                shall certify such State's short-time compensation 
                program, thereby making such State eligible for 
                reimbursement under this subsection.  
    (b) Terms of Payments.--Payments made to a State under subsection 
(a)(1) shall be payable by way of reimbursement in such amounts as the 
Secretary estimates the State will be entitled to receive under this 
section 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) Limitations.--
            (1) General payment limitations.--No payments shall be made 
        to a State under this section for benefits paid in excess of 26 
        weeks to an individual by the State pursuant to a short-time 
        compensation program.
            (2) Employer limitations.--No payments shall be made to a 
        State under this section for benefits paid to an individual by 
        the State pursuant to a short-time compensation program if such 
        individual is employed by an employer--
                    (A) whose workforce during the 3 months preceding 
                the date of the submission of the employer's short-time 
                compensation plan has been reduced by temporary layoffs 
                of more than 20 percent;
                    (B) on a seasonal, temporary, or intermittent 
                basis; or
                    (C) engaged in a labor dispute.
            (3) Program payment limitation.--In making any payments to 
        a State under this section pursuant to a short-time 
        compensation program, the Secretary may limit the frequency of 
        employer participation in such program.
    (d) Compliance Oversight.--
            (1) In general.--A participating employer under this 
        section is required to comply with the terms of the written 
        plan approved by the State agency, including provisions related 
        to retaining participating employees.
            (2) Oversight and monitoring.--The Secretary shall 
        establish an oversight and monitoring process by which State 
        agencies will ensure that participating employers comply with 
        the requirements of paragraph (1).
    (e) Funding.--There are appropriated, from time to time, out of any 
moneys in the Treasury not otherwise appropriated, to the Secretary, 
such sums as the Secretary certifies are necessary to carry out this 
section (including to reimburse any administrative expenses incurred by 
the States in operating such short-time compensation programs).
    (f) Definitions.--In this section--
            (1) the term ``Secretary'' means the Secretary of Labor;
            (2) the term ``State'' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, and the Virgin Islands; and
            (3) the terms ``State agency'' and ``week'' have the 
        respective meanings given them by section 205 of the Federal-
        State Extended Unemployment Compensation Act of 1970.
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