S.Amdt. 2668

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In H.R. 3548 · Engrossed in House

   SECTION 1. SHORT TITLE.

   This Act may be cited as the "[inserted: Emergency ]Unemployment Compensation Extension Act of 2009".

   Struck: SEC. 2. ADDITIONAL EMERGENCY UNEMPLOYMENT COMPENSATION.

   Inserted: SEC. 2. REVISIONS TO SECOND-TIER BENEFITS.

   (a) In General.--Section 4002[inserted: (c)] of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended[struck: by adding at the end the following:][inserted: --]

   Struck: "(d) Further Additional Emergency Unemployment Compensation.--

   Struck: "(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--

   Inserted: (1) in paragraph (1)--

   Inserted: (A) in the matter preceding subparagraph (A), by striking "If" and all that follows through "paragraph (2))" and inserting "At the time that the amount established in an individual's account under subsection (b)(1) is exhausted";

   Inserted: (B) in subparagraph (A), by striking "50 percent" and inserting "54 percent"; and

   Inserted: (C) in subparagraph (B), by striking "13" and inserting "14";

   Inserted: (2) by striking paragraph (2); and

   Inserted: (3) by redesignating paragraph (3) as paragraph (2).

   Inserted: (b) 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.

   Inserted: SEC. 3. THIRD-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.

   Inserted: (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 new subsection:

   Inserted: "(d) Third-Tier Emergency Unemployment Compensation.--

   Inserted: "(1) In general.--If, at the time that the amount added to an individual's account under subsection (c)(1) (hereinafter 'second-tier 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 'third-tier 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[struck: such a period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 if]--

   Struck: "(A) section 203(d) of such Act--

   Inserted: "(A) 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 '[struck: 6][inserted: 4]' for '5' each place it appears; and

   "(ii) did not include the requirement under paragraph (1)(A) thereof; or

   Inserted: "(B) such a period would then be in effect for such State under such Act if--

   "([struck: B][inserted: i]) section 203(f) of such Act were applied to such State[struck: --][inserted: (regardless of whether the State by law had provided for such application); and]

   Struck: "(i) regardless of whether or not the State had by law provided for its application;

   Inserted: "(ii) such section 203(f)--

   "([struck: ii][inserted: I]) [inserted: were applied ]by substituting '[struck: 8.5][inserted: 6.0]' for '6.5' in paragraph (1)(A)(i) thereof; and

   "([struck: iii][inserted: II]) [struck: as if it ]did not include the requirement under paragraph (1)(A)(ii) thereof.

   Struck: "(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.

   "([struck: 4][inserted: 3]) Limitation.--The account of an individual may be augmented not more than once under this subsection.".

   (b) Conforming Amendment to [struck: Non-augmentation][inserted: Non-Augmentation] Rule.--Section 4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is 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))".

   Struck: (c) 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 Unemployment Compensation Extension Act of 2009;".

   ([struck: d][inserted: 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.

   Struck: SEC. 3. 0.2 PERCENT FUTA SURTAX.

   Inserted: SEC. 4. FOURTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.

   Inserted: (a) In General.--Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 3(a), is amended by adding at the end the following new subsection:

   Inserted: "(e) Fourth-Tier Emergency Unemployment Compensation.--

   Inserted: "(1) In general.--If, at the time that the amount added to an individual's account under subsection (d)(1) (third-tier 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 'fourth-tier emergency unemployment compensation') equal to the lesser of--

   Inserted: "(A) 24 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

   Inserted: "(B) 6 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year.

   Inserted: "(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--

   Inserted: "(A) such a period would then be in effect for such State under such Act if section 203(d) of such Act--

   Inserted: "(i) were applied by substituting '6' for '5' each place it appears; and

   Inserted: "(ii) did not include the requirement under paragraph (1)(A) thereof; or

   Inserted: "(B) such a period would then be in effect for such State under such Act if--

   Inserted: "(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

   Show 29 more inserted paragraphsShow less

   Inserted: "(ii) such section 203(f)--

   Inserted: "(I) were applied by substituting '8.5' for '6.5' in paragraph (1)(A)(i) thereof; and

   Inserted: "(II) did not include the requirement under paragraph (1)(A)(ii) thereof.

   Inserted: "(3) Limitation.--The account of an individual may be augmented not more than once under this subsection.".

   Inserted: (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 3(b), is amended--

   Inserted: (1) by striking "and (d)" and inserting ", (d), and (e) of section 4002"; and

   Inserted: (2) by striking "or (d)" and inserting ", (d), or (e) (as the case may be))".

   Inserted: (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.

   Inserted: SEC. 5. COORDINATION.

   Inserted: Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 4, is amended by adding at the end the following new subsection:

   Inserted: "(f) 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 emergency unemployment compensation under subsection (c), (d), or (e) (by reason of the amendments made by sections 2, 3, and 4 of the Emergency Unemployment Compensation Extension Act of 2009), if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of emergency unemployment compensation under subsection (b) (as such subsection was in effect on the day before the date of the enactment of this subsection).".

   Inserted: SEC. 6. TRANSFER OF FUNDS.

   Inserted: 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 sections 2, 3, and 4 of the Emergency Unemployment Compensation Extension Act of 2009;".

   Inserted: SEC. 7. EXPANSION OF MODERNIZATION GRANTS FOR UNEMPLOYMENT RESULTING FROM COMPELLING FAMILY REASON.

   Inserted: (a) In General.--Clause (i) of section 903(f)(3)(B) of the Social Security Act (42 U.S.C. 1103(f)(3)(B)) is amended to read as follows:

   Inserted: "(i) One or both of the following offenses as selected by the State, but in making such selection, the resulting change in the State law shall not supercede any other provision of law relating to unemployment insurance to the extent that such other provision provides broader access to unemployment benefits for victims of such selected offense or offenses:

   Inserted: "(I) Domestic violence, verified by such reasonable and confidential documentation as the State law may require, which causes the individual reasonably to believe that such individual's continued employment would jeopardize the safety of the individual or of any member of the individual's immediate family (as defined by the Secretary of Labor); and

   Inserted: "(II) Sexual assault, verified by such reasonable and confidential documentation as the State law may require, which causes the individual reasonably to believe that such individual's continued employment would jeopardize the safety of the individual or of any member of the individual's immediate family (as defined by the Secretary of Labor).".

   Inserted: (b) Effective Date.--The amendment made by this section shall apply with respect to State applications submitted on and after January 1, 2010.

   Inserted: SEC. 8. TREATMENT OF ADDITIONAL REGULAR COMPENSATION.

   Inserted: The monthly equivalent of any additional compensation paid by reason of section 2002 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) shall be disregarded after the date of the enactment of this Act in considering the amount of income and assets of an individual for purposes of determining such individual's eligibility for, or amount of, benefits under the Supplemental Nutrition Assistance Program (SNAP).

   Inserted: SEC. 9. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.

   Inserted: (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--

   Inserted: (1) in clause (iii)--

   Inserted: (A) by striking "June 30, 2009" and inserting "June 30, 2010"; and

   Inserted: (B) by striking "December 31, 2009" and inserting "December 31, 2010"; and

   Inserted: (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.".

   Inserted: (b) Administrative Expenses.--Section 2006 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 445) 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.".

   Inserted: SEC. 10. 0.2 PERCENT FUTA SURTAX.

   (a) In General.--Section 3301 of the Internal Revenue Code of 1986 (relating to rate of tax) is amended--

   (1) by striking "through 2009" in paragraph (1) and inserting "through 2010[struck: ",] and[inserted: the first 6 months of calendar year 2011",]

   (2) by striking "calendar year 2010" in paragraph (2) and inserting "[inserted: the remainder of ]calendar year 2011"[struck: .][inserted: , and]

   Inserted: (3) by inserting "(or portion of the calendar year)" after "during the calendar year".

   (b) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2009.

   Struck: SEC. 4. REPORTING OF FIRST DAY OF EARNINGS TO DIRECTORY OF NEW HIRES.

   Struck: (a) In General.--Section 453A(b)(1)(A) of the Social Security Act (42 U.S.C. 653a(b)(1)(A)) is amended by inserting "the date services for remuneration were first performed by the employee," after "of the employee,".

   Struck: (b) Reporting Format and Method.--Section 453A(c) of the Social Security Act (42 U.S.C. 653a(c)) is amended by inserting ", to the extent practicable," after "Each report required by subsection (b) shall".

   Struck: (c) Effective Date.--

   Show 6 more struck paragraphsShow less

   Struck: (1) In general.--Subject to paragraph (2), the amendments made by this section shall take effect 6 months after the date of enactment of this Act.

   Struck: (2) Compliance transition period.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part D of title IV of the Social Security Act to meet the additional requirements imposed by the amendment made by subsection (a), the plan shall not be regarded as failing to meet such requirements before the first day of the second calendar quarter beginning after the close of the first regular session of the State legislature that begins after the effective date of such amendment. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

   Struck: SEC. 5. COLLECTION IN ALL STATES OF UNEMPLOYMENT COMPENSATION DUE TO FRAUD.

   Struck: (a) In General.--Subsection (f) of section 6402 of the Internal Revenue Code of 1986 is amended by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively.

   Struck: (b) Effective Date.--The amendment made by this section shall apply to refunds payable on or after the date of the enactment of this Act.

   Struck: Passed the House of Representatives September 22, 2009.

   Original wording

   Strike all after the enacting clause and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed