[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5749 Placed on Calendar Senate (PCS)]
Calendar No. 780
110th CONGRESS
2d Session
H. R. 5749
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2008
Received and read the first time
June 13, 2008
Considered to have been read a second time and placed on the calendar
pursuant to the order of June 12, 2008
_______________________________________________________________________
AN ACT
To provide for a program of emergency unemployment compensation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency Extended
Unemployment Compensation Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Federal-State agreements.
Sec. 3. Emergency unemployment compensation account.
Sec. 4. Payments to States having agreements for the payment of
emergency unemployment compensation.
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
emergency unemployment compensation to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law with respect to a benefit
year (excluding any benefit year that ended before May 1,
2007);
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any other
State unemployment compensation law or to compensation under
any other Federal law (except as provided under subsection
(e)); and
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada.
(c) Exhaustion of Benefits.--For purposes of subsection (b)(1), 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 such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such 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.
(d) Weekly Benefit Amount, etc.--For purposes of any agreement
under this Act--
(1) the amount of emergency unemployment compensation which
shall be payable to any individual for any week of total
unemployment shall be equal to the amount of the regular
compensation (including dependents' allowances) payable to such
individual during such individual's benefit year under the
State law for a week of total unemployment;
(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 emergency unemployment compensation
and the payment thereof, except where otherwise 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 emergency unemployment
compensation payable to any individual for whom an emergency
unemployment compensation account is established under section
3 shall not exceed the amount established in such account for
such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State that is
in an extended benefit period may provide for the payment of emergency
unemployment compensation prior to extended compensation to individuals
who otherwise meet the requirements of this section.
(f) Unauthorized Aliens Ineligible.--A State shall require as a
condition of eligibility for emergency unemployment compensation under
this Act that each alien who receives such compensation must be legally
authorized to work in the United States, as defined for purposes of the
Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.). In determining
whether an alien meets the requirements of this subsection, a State
must follow the procedures provided in section 1137(d) of the Social
Security Act (42 U.S.C. 1320b-7(d)).
SEC. 3. EMERGENCY 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 emergency unemployment compensation, an emergency
unemployment compensation account with respect to such individual's
benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be 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 such law, or
(B) 13 times the individual's average weekly
benefit amount for the benefit year.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
(c) Special Rule.--
(1) In general.--Notwithstanding any other provision of
this section, if, at the time that the individual's account is
exhausted or at any time thereafter, such individual's State is
in an extended benefit period (as determined under paragraph
(2)), then, such account shall be augmented by an amount equal
to the amount originally established in such account (as
determined under subsection (b)(1)).
(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--
(A) such a period is then in effect for such State
under the Federal-State Extended Unemployment
Compensation Act of 1970;
(B) 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 ``4'' for
``5'' each place it appears; and
(ii) did not include the requirement under
paragraph (1)(A); or
(C) such a period would then be in effect for such
State under such Act if--
(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
(ii) such section 203(f)--
(I) were applied by substituting
``6.0'' for ``6.5'' in paragraph
(1)(A)(i); and
(II) did not include the
requirement under paragraph (1)(A)(ii).
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
EMERGENCY UNEMPLOYMENT COMPENSATION.
(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 emergency unemployment compensation paid to individuals by the
State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
made to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
Act or chapter 85 of title 5, United States Code. A State shall not be
entitled to any reimbursement under such chapter 85 in respect of any
compensation to the extent the State is entitled to reimbursement under
this Act in respect of such compensation.
(c) Determination of Amount.--Sums 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.
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))) of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a))) shall be used for the
making of payments 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
payable to such State under this Act. The Secretary of the Treasury,
prior to audit or settlement by the Government Accountability Office,
shall make payments to the State in accordance with such certification,
by transfers from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment Trust
Fund (as so established).
(c) Assistance to States.--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.
(d) Appropriations for Certain Payments.--There are appropriated
from the general fund of the Treasury, without fiscal year limitation,
to the extended unemployment compensation account (as so established)
of the Unemployment Trust Fund (as so established) such sums as the
Secretary estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
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 an
amount of emergency unemployment compensation under this Act to which
he was not entitled, such individual--
(1) shall be ineligible for further emergency unemployment
compensation 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
amounts of emergency unemployment compensation under this Act to which
they were not entitled, the State shall require such individuals to
repay the amounts of such emergency unemployment compensation to the
State agency, except that the State agency may waive such repayment if
it determines that--
(1) the payment of such emergency unemployment compensation
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
emergency unemployment compensation payable to such individual
under this Act or from any unemployment compensation payable to
such individual under any State or 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
emergency unemployment compensation to which they 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'', ``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.
(a) In General.--Except as provided in subsection (b), 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 on or before March 31, 2009.
(b) Transition for Amount Remaining in Account.--
(1) In general.--Subject to paragraphs (2) and (3), in the
case of an individual who has amounts remaining in an account
established under section 3 as of the last day of the last week
(as determined in accordance with the applicable State law)
ending on or before March 31, 2009, emergency unemployment
compensation shall continue to be payable to such individual
from such amounts for any week beginning after such last day
for which the individual meets the eligibility requirements of
this Act.
(2) Limit on augmentation.--If the account of an individual
is exhausted after the last day of such last week (as so
determined), then section 3(c) shall not apply and such account
shall not be augmented under such section, regardless of
whether such individual's State is in an extended benefit
period (as determined under paragraph (2) of such section).
(3) Limit on compensation.--No compensation shall be
payable by reason of paragraph (1) for any week beginning after
June 30, 2009.
Passed the House of Representatives June 12, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
By Robert F. Reeves,
Deputy Clerk.
Calendar No. 780
110th CONGRESS
2d Session
H. R. 5749
_______________________________________________________________________
AN ACT
To provide for a program of emergency unemployment compensation.
_______________________________________________________________________
June 13, 2008
Considered to have been read a second time and placed on the calendar
pursuant to the order of June 12, 2008