S.Amdt. 2727Senate113th Congress (2013-2015)2nd degree

S.Amdt. 2727

Submitted February 6, 2014

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Senate amendment submitted

February 6, 2014

Text

Submitted

SA 2727. Mr. HELLER (for himself, Mr. Portman, Mr. Isakson, Mr.
Hoeven, and Ms. Ayotte) 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:

In lieu of the matter proposed to be inserted, insert the
following:

1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Emergency
Unemployment Compensation Extension Act of 2014''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Extension and modification of emergency unemployment
compensation program.
Sec. 3. Temporary extension of extended benefit provisions.
Sec. 4. Extension of funding for reemployment services and reemployment
and eligibility assessment activities.
Sec. 5. Additional extended unemployment benefits under the Railroad
Unemployment Insurance Act.
Sec. 6. Flexibility for unemployment program agreements.
Sec. 7. Repeal of reductions made by Bipartisan Budget Act of 2013.
Sec. 8. Reduction in benefits based on receipt of unemployment
compensation.
Sec. 9. Reduction of nonMedicare, nondefense direct spending.

SEC. 2. EXTENSION AND MODIFICATION OF EMERGENCY UNEMPLOYMENT
COMPENSATION PROGRAM.

(a) Extension.--Section 4007(a)(2) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by striking ``January 1, 2014'' and
inserting ``April 1, 2014''.
(b) Modifications Relating to Weeks of Emergency
Unemployment Compensation.--
(1) Number of weeks in first tier beginning after december
28, 2013.--Section 4002(b) of such Act is amended--
(A) by redesignating paragraph (3) as paragraph (4);
(B) in paragraph (2)--
(i) in the heading, by inserting ``, and weeks ending
before december 30, 2013'' after ``2012''; and
(ii) in the matter preceding subparagraph (A), by inserting
``, and before December 30, 2013'' after ``2012''; and
(C) by inserting after paragraph (2) the following:
``(3) Special rule relating to amounts established in an
account as of a week ending after december 29, 2013.--
Notwithstanding any provision of paragraph (1), in the case
of any account established as of a week ending after December
29, 2013--
``(A) paragraph (1)(A) shall be applied by substituting `24
percent' for `80 percent'; and
``(B) paragraph (1)(B) shall be applied by substituting `6
times' for `20 times'.''.
(2) Number of weeks in second tier beginning after december
28, 2013.--Section 4002(c) of such Act is amended by adding
at the end the following:
``(5) Special rule relating to amounts added to an account
as of a week ending after december 29, 2013.--Notwithstanding
any provision of paragraph (1), if augmentation under this
subsection occurs as of a week ending after December 29,
2013--
``(A) paragraph (1)(A) shall be applied by substituting `24
percent' for `54 percent'; and
``(B) paragraph (1)(B) shall be applied by substituting `6
times' for `14 times'.''.
(c) Funding.--Section 4004(e)(1) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (J) the following:
``(K) the amendments made by subsections (a) and (b) of
section 2 of the Emergency Unemployment Compensation
Extension Act;''.
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).

SEC. 3. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS.

(a) In General.--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), is amended--
(1) by striking ``December 31, 2013'' each place it appears
and inserting ``March 31, 2014''; and
(2) in subsection (c), by striking ``June 30, 2014'' and
inserting ``September 30, 2014''.
(b) Extension of Matching for States With No Waiting
Week.--Section 5 of the Unemployment Compensation Extension
Act

[[Page S831]]

of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended
by striking ``June 30, 2014'' and inserting ``September 30,
2014''.
(c) Extension of Modification of Indicators Under the
Extended Benefit Program.--Section 203 of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note) is amended--
(1) in subsection (d), by striking ``December 31, 2013''
and inserting ``March 31, 2014''; and
(2) in subsection (f)(2), by striking ``December 31, 2013''
and inserting ``March 31, 2014''.
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).

SEC. 4. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND
REEMPLOYMENT AND ELIGIBILITY ASSESSMENT
ACTIVITIES.

(a) In General.--Section 4004(c)(2)(A) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by striking ``through fiscal year 2014'' and
inserting ``through the first quarter of fiscal year 2015''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).

SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE
RAILROAD UNEMPLOYMENT INSURANCE ACT.

(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is
amended--
(1) by striking ``June 30, 2013'' and inserting ``September
30, 2013''; and
(2) by striking ``December 31, 2013'' and inserting ``March
31, 2014''.
(b) Clarification on Authority To Use Funds.--Funds
appropriated under either the first or second sentence of
clause (iv) of section 2(c)(2)(D) of the Railroad
Unemployment Insurance Act shall be available to cover the
cost of additional extended unemployment benefits provided
under such section 2(c)(2)(D) by reason of the amendments
made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D), as in effect
on the day before the date of enactment of this Act.
(c) Funding for Administration.--Out of any funds in the
Treasury not otherwise appropriated, there are appropriated
to the Railroad Retirement Board $62,500 for administrative
expenses associated with the payment of additional extended
unemployment benefits provided under section 2(c)(2)(D) of
the Railroad Unemployment Insurance Act by reason of the
amendments made by subsection (a), to remain available until
expended.

SEC. 6. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS.

(a) Flexibility.--
(1) In general.--Subsection (g) of section 4001 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) shall not apply with respect to a State
that has enacted a law before December 1, 2013, that, upon
taking effect, would violate such subsection.
(2) Effective date.--Paragraph (1) is effective with
respect to weeks of unemployment beginning on or after
December 29, 2013.
(b) Permitting a Subsequent Agreement.--Nothing in title IV
of the Supplemental Appropriations Act, 2008 (Public Law 110-
252; 26 U.S.C. 3304 note) shall preclude a State whose
agreement under such title was terminated from entering into
a subsequent agreement under such title on or after the date
of the enactment of this Act if the State, taking into
account the application of subsection (a), would otherwise
meet the requirements for an agreement under such title.

SEC. 7. REPEAL OF REDUCTIONS MADE BY BIPARTISAN BUDGET ACT OF
2013.

Section 403 of the Bipartisan Budget Act of 2013 (Public
Law 113-67) is repealed as of the date of the enactment of
such Act.

SEC. 8. REDUCTION IN BENEFITS BASED ON RECEIPT OF
UNEMPLOYMENT COMPENSATION.

(a) In General.--Title II of the Social Security Act (42
U.S.C. 401 et seq.) is amended by inserting after section 224
the following new section:

``reduction in benefits based on receipt of unemployment compensation

``Sec. 224A  (a)(1) If for any month prior to the month in
which an individual attains retirement age (as defined in
section 216(l)(1))--
``(A) such individual is entitled to benefits under section
223, and
``(B) such individual is entitled for such month to
unemployment compensation,

the total of the individual's benefits under section 223 for
such month and of any benefits under section 202 for such
month based on the individual's wages and self-employment
income shall be reduced (but not below zero) by the total
amount of unemployment compensation received by such
individual for such month.
``(2) The reduction of benefits under paragraph (1) shall
also apply to any past-due benefits under section 223 for any
month in which the individual was entitled to--
``(A) benefits under such section, and
``(B) unemployment compensation.
``(3) The reduction of benefits under paragraph (1) shall
not apply to any benefits under section 223 for any month, or
any benefits under section 202 for such month based on the
individual's wages and self-employment income for such month,
if the individual is entitled for such month to unemployment
compensation following a period of trial work (as described
in section 222(c)(1), participation in the Ticket to Work and
Self-Sufficiency Program established under section 1148, or
participation in any other program that is designed to
encourage an individual entitled to benefits under section
223 or 202 to work.
``(b) If any unemployment compensation is payable to an
individual on other than a monthly basis (including a benefit
payable as a lump sum to the extent that it is a commutation
of, or a substitute for, such periodic compensation), the
reduction under this section shall be made at such time or
times and in such amounts as the Commissioner of Social
Security (referred to in this section as the `Commissioner')
determines will approximate as nearly as practicable the
reduction prescribed by subsection (a).
``(c) Reduction of benefits under this section shall be
made after any applicable reductions under section 203(a) and
section 224, but before any other applicable deductions under
section 203.
``(d)(1) Subject to paragraph (2), if the Commissioner
determines that an individual may be eligible for
unemployment compensation which would give rise to a
reduction of benefits under this section, the Commissioner
may require, as a condition of certification for payment of
any benefits under section 223 to any individual for any
month and of any benefits under section 202 for such month
based on such individual's wages and self-employment income,
that such individual certify--
``(A) whether the individual has filed or intends to file
any claim for unemployment compensation, and
``(B) if the individual has filed a claim, whether there
has been a decision on such claim.
``(2) For purposes of paragraph (1), the Commissioner may,
in the absence of evidence to the contrary, rely upon a
certification by the individual that the individual has not
filed and does not intend to file such a claim, or that the
individual has so filed and no final decision thereon has
been made, in certifying benefits for payment pursuant to
section 205(i).
``(e) Whenever a reduction in total benefits based on an
individual's wages and self-employment income is made under
this section for any month, each benefit, except the
disability insurance benefit, shall first be proportionately
decreased, and any excess of such reduction over the sum of
all such benefits other than the disability insurance benefit
shall then be applied to such disability insurance benefit.
``(f)(1) Notwithstanding any other provision of law, the
head of any Federal agency shall provide such information
within its possession as the Commissioner may require for
purposes of making a timely determination of the amount of
the reduction, if any, required by this section in benefits
payable under this title, or verifying other information
necessary in carrying out the provisions of this section.
``(2) The Commissioner is authorized to enter into
agreements with States, political subdivisions, and other
organizations that administer unemployment compensation, in
order to obtain such information as the Commissioner may
require to carry out the provisions of this section.
``(g) For purposes of this section, the term `unemployment
compensation' has the meaning given that term in section
85(b) of the Internal Revenue Code of 1986, and the total
amount of unemployment compensation to which an individual is
entitled shall be determined prior to any applicable
reduction under State law based on the receipt of benefits
under section 202 or 223.''.
(b) Conforming Amendment.--Section 224(a) of the Social
Security Act (42 U.S.C. 424a(a)) is amended, in the matter
preceding paragraph (1), by striking ``the age of 65'' and
inserting ``retirement age (as defined in section
216(l)(1))''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply to benefits payable for months beginning
on or after the date that is 12 months after the date of
enactment of this section.

SEC. 9. REDUCTION OF NONMEDICARE, NONDEFENSE DIRECT SPENDING.

Section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a) is amended by adding at
the end the following:
``(11) Additional reduction of nonmedicare, nondefense
direct spending.--
``(A) In general.--For each of fiscal years 2015 through
2023, in addition to the reduction in direct spending under
paragraph (6), on the date specified in paragraph (2), OMB
shall prepare and the President shall order a sequestration,
effective upon issuance, reducing the spending described in
subparagraph (B) by the uniform percentage necessary to
reduce such spending for the fiscal year by $1,333,000,000.
``(B) Spending covered.--The spending described in this
subparagraph is spending that is--
``(i) nonexempt direct spending;
``(ii) not spending for the Medicare programs specified in
section 256(d); and
``(iii) within the revised nonsecurity category.''.
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