[Congressional Record Volume 148, Number 14 (Thursday, February 14, 2002)]
[Senate]
[Pages S841-S842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEMPORARY UNEMPLOYMENT COMPENSATION ACT OF 2001
Mr. DASCHLE. Madam President, I ask unanimous consent that the Senate
proceed to the consideration of H.R. 3090, that all after the enacting
clause be stricken, that the text of the substitute amendment which is
at the desk be substituted in lieu thereof, the bill be read a third
time and passed, and the motion to reconsider be laid upon the table.
The PRESIDING OFFICER. Is there objection?
Mr. BOND. Reserving the right to object, I will not object.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2896) was agreed to as follows:
(Purpose: To provide for a program of temporary extended unemployment
compensation)
Strike all after the enacting clause and insert the
following:
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--
[[Page S842]]
(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.
The bill, H.R. 3090, as amended, was read the third time and passed.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. LOTT. Madam President, for the knowledge of Senators, this is the
same language for unemployment insurance extension that we had passed
earlier. There is no change. I wanted to make that clear.
The PRESIDING OFFICER. The majority leader.
Mr. DASCHLE. Madam President, I concur with the distinguished
Republican leader in making that assertion as well. This is exactly the
same language that 7 days ago we sent to the House. My only reason for
renewing the request today is because, unfortunately, I think we are
going to be getting a much more comprehensive package back from the
House, a package that clearly doesn't today enjoy the 60 votes that it
would require to move not only unemployment compensation but all the
other issues that are attached.
On a bipartisan basis, both Republicans and Democrats in the Senate
are clear and on record in support, at the very least, of an extension
of the unemployment benefits, and for good reason. Every day, about
11,000 people are pushed off the unemployment compensation rolls. About
77,000 of these workers have been made ineligible for unemployment
compensation just since we passed this resolution 7 or 8 days ago. Our
proposal is simply to give the House an opportunity to take up this
simple extension with an expectation at some point later that we could
entertain economic stimulus legislation as well.
I thank my colleagues for their cooperation. Again, this sends a
clear message. We are very hopeful we can do something to help these
unemployed workers prior to the President's Day recess.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. CRAIG. Mr. President, I ask unanimous consent to speak as in
morning business for no more than 5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
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