S.Amdt. 2723

SA 2723. Mr. COATS submitted an amendment intended to be proposed to
amendment SA 2714 proposed by Mr. Reid (for Mr. Reed) to the bill S.
1845, to provide for the extension of certain unemployment benefits,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. REQUIREMENT THAT INDIVIDUALS RECEIVING EMERGENCY
UNEMPLOYMENT COMPENSATION BE ACTIVELY ENGAGED
IN A SYSTEMATIC AND SUSTAINED EFFORT TO OBTAIN
SUITABLE WORK.

(a) In General.--Subsection (h) of section 4001 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) is amended to read as follows:
``(h) Actively Seeking Work.--
``(1) In general.--For purposes of subsection (b)(4),
payment of emergency unemployment compensation shall not be
made to any individual for any week of unemployment--
``(A) during which the individual fails to accept any offer
of suitable work (as defined in paragraph (3)) or fails to
apply for any suitable work to which the individual was
referred by the State agency; or
``(B) during which the individual fails to actively engage
in seeking work, unless such individual is not actively
engaged in seeking work because such individual is, as
determined in accordance with State law--
``(i) before any court of the United States or any State
pursuant to a lawfully issued summons to appear for jury duty
(as such term may be defined by the Secretary); or
``(ii) hospitalized for treatment of an emergency or a
life-threatening condition (as such term may be defined by
the Secretary),

if such exemptions in clauses (i) and (ii) apply to
recipients of regular benefits, and the State chooses to
apply such exemptions for recipients of emergency
unemployment benefits.
``(2) Period of ineligibility.--If any individual is
ineligible for emergency unemployment compensation for any
week by reason of a failure described in subparagraph (A) or
(B) of paragraph (1), the individual shall be ineligible to
receive emergency unemployment compensation for any week
which begins during a period which--
``(A) begins with the week following the week in which such
failure occurs; and
``(B) does not end until such individual has been employed
during at least 4 weeks which begin after such failure and
the total of the remuneration earned by the individual for
being so employed is not less than the product of 4
multiplied by the individual's average weekly benefit amount
for the individual's benefit year.
``(3) Suitable work.--For purposes of this subsection, the
term `suitable work' means, with respect to any individual,
any work which is within such individual's capabilities,
except that, if the individual furnishes evidence
satisfactory to the State agency that such individual's
prospects for obtaining work in his customary occupation
within a reasonably short period are good, the determination
of whether any work is suitable work with respect to such
individual shall be made in accordance with the applicable
State law.
``(4) Exception.--Extended compensation shall not be denied
under subparagraph (A) of paragraph (1) to any individual for
any week by reason of a failure to accept an offer of, or
apply for, suitable work--
``(A) if the gross average weekly remuneration payable to
such individual for the position does not exceed the sum of--
``(i) the individual's average weekly benefit amount for
his benefit year, plus
``(ii) the amount (if any) of supplemental unemployment
compensation benefits (as defined in section 501(c)(17)(D) of
the Internal Revenue Code of 1986) payable to such individual
for such week;
``(B) if the position was not offered to such individual in
writing and was not listed with the State employment service;
``(C) if such failure would not result in a denial of
compensation under the provisions of the applicable State law
to the extent that such provisions are not inconsistent with
the provisions of paragraphs (3) and (5); or
``(D) if the position pays wages less than the higher of--
``(i) the minimum wage provided by section 6(a)(1) of the
Fair Labor Standards Act of 1938, without regard to any
exemption; or
``(ii) any applicable State or local minimum wage.
``(5) Actively engaged in seeking work.--For purposes of
this subsection, an individual shall be treated as actively
engaged in seeking work during any week if--
``(A) the individual has engaged in a systematic and
sustained effort to obtain work during such week, and
``(B) the individual provides tangible evidence to the
State agency that he has engaged in such an effort during
such week.
``(6) Referral.--The State agency shall provide for
referring applicants for emergency unemployment benefits to
any suitable work to which paragraph (4) would not apply.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
______