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NOTES:
Source
(Aug. 16, 1954, ch. 736, 68A Stat. 443; , title I, §§ 104(a),
,
,
,
–(h), title II, § 206, Aug. 10, 1970, , 701, 704, 707, 708, 712; , title XIX, §§ 1903(a)(14),
1906
(b)(13)(C), (E), Oct. 4, 1976, , 1834; , title I, § 115(c)(1), (5), title III, §§ 312(a), (b),
314
(a), title V, § 506(b), Oct. 20, 1976, , 2671, 2679, 2680, 2687; , title III, § 302(a), (c), (e), Apr. 12, 1977, , 45; , § 2(a), Nov. 12, 1977, ; , title IV, § 403(b), Dec. 20, 1977, ; , title IV, § 414(a), Sept. 26, 1980, ; , title XXIV, § 2408(a), Aug. 13, 1981, ; , title I, § 193(a), Sept. 3, 1982, ; , title V, §§ 515(b),
,
523
(a), Apr. 20, 1983, , 148; , title XII, § 12401(b)(1), Apr. 7, 1986, ; , title XVIII, § 1899A(43), Oct. 22, 1986, ; , title I, § 162(e)(4), Nov. 29, 1990, ; , title III, § 302(a), Nov. 15, 1991, ; , title IV, § 401(a)(1), July 3, 1992, ; , title V, § 507(b)(1), Dec. 8, 1993, ; , title VII, § 702(b), (c)(1), Dec. 8, 1994, ; , title I, § 110(l)(1), formerly § 110(l)(2), title III, § 316(g)(2), Aug. 22, 1996, , 2218, renumbered , title V, § 5514(a)(2), Aug. 5, 1997, ; , title II, § 209(d)(1), Mar. 9, 2002, .)
References in Text
The Social Security Act, referred to in subsec. (a)(4)(B), (D), (15)(A)(ii), (16)(A), (B), (17), is act Aug. 14, 1935, ch. 531, , as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Part A of title IV and title XII of the Act are classified generally to part A (§ 601 et seq.) of subchapter IV and subchapter XII (§ 1321 et seq.), respectively, of chapter
of Title
. Sections 303(g), 453(i), and 903(c)(2), (d)(4) of the Act are classified to sections
,
, and
, (d)(4), respectively, of Title
. For complete classification of this Act to the Code, see Short Title note set out under section
of Title
and Tables.
The Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsecs. (a)(11) and (c), is , title II, Aug. 10, 1970, , as amended, which is set out as a note below.
Section 212(d)(5) of the Immigration and Nationality Act, referred to in subsec. (a)(14)(A), is classified to section
of Title
, Aliens and Nationality.
The Railroad Retirement Act of 1974, referred to in subsec. (a)(15)(A)(ii), is act Aug. 29, 1935, ch. 812, as amended generally by , title I, § 101, Oct. 16, 1974, , which is classified generally to subchapter IV (§ 231 et seq.) of chapter
of Title
, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title
, section
of Title 45, and Tables.
Amendments
2002—Subsec. (a)(4)(B). inserted “or 903(d)(4)” before “of the Social Security Act”.
1996—Subsec. (a)(16)(A). , § 316(g)(2)(C), struck out “and” at end.
, § 316(g)(2)(A), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
, § 110(l)(1), formerly § 110(l)(2), as renumbered by , substituted “eligibility for assistance, or the amount of such assistance, under a State program funded” for “eligibility for aid or services, or the amount of such aid or services, under a State plan for aid and services to needy families with children approved”.
Subsec. (a)(16)(B). , § 316(g)(2)(E), added subpar. (B). Former subpar. (B) redesignated (C).
, § 316(g)(2)(B), substituted “information furnished under subparagraph (A) or (B) is used only for the purposes authorized under such subparagraph;” for “such information is used only for the purposes authorized under subparagraph (A);”.
, § 316(g)(2)(A), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
Subsec. (a)(16)(C). , § 316(g)(2)(D), redesignated subpar. (B) as (C).
1994—Subsec. (a)(4)(C). , § 702(c)(1), inserted “, or the withholding of Federal, State, or local individual income tax,” after “health insurance”.
Subsec. (a)(17) to (19). , § 702(b), struck out “and” at end of par. (17), added par. (18), and redesignated former par. (18) as (19).
1993—Subsec. (a)(4)(F). added subpar. (F).
1992—Subsec. (a)(4)(E). added subpar. (E).
1991—Subsec. (a)(6)(A)(ii)(I). , § 302(a)(1), substituted “may be denied” for “shall be denied”.
Subsec. (a)(6)(A)(iii), (iv). , § 302(a)(2), which directed that “and” be struck out at end of cls. (iii) and (iv), could be executed only to cl. (iv) because “and” did not appear at end of cl. (iii).
Subsec. (a)(6)(A)(vi). , § 302(a)(2), added cl. (vi).
1990—Subsec. (a)(14)(A). struck out reference to section 203(a)(7) of Immigration and Nationality Act.
1986—Subsec. (a)(4)(D). added subpar. (D).
Subsec. (a)(6)(A)(iii). struck out “and” at end.
1983—Subsec. (a)(4)(C). , § 523(a), added subpar. (C).
Subsec. (a)(6)(A)(ii)(I), (iii), (iv). , § 521(a)(2), substituted “shall be denied” for “may be denied”.
Subsec. (a)(6)(A)(v). , § 521(a)(1), added cl. (v).
Subsec. (a)(17), (18). , § 515(b), added par. (17) and redesignated former par. (17) as (18).
1982—Subsec. (a)(6)(A)(ii). redesignated existing provisions as provisions preceding subcl. (I) and subcl. (I), and in such provisions as so redesignated, struck out “(other than an institution of higher education)” after “capacity for an educational institution”, substituted “2” for “two”, and inserted “except that” at end of subcl. (I), and added subcl. (II).
1981—Subsec. (c). substituted provisions relating to limitations on certification on Oct. 31 of any taxable year, for provisions relating to limitations on certification on Oct. 31 of any taxable year after 1971, and on Oct. 31 of any taxable year after 1977.
1980—Subsec. (a)(15). inserted provisions relating to applicability to any pension, retirement or retired pay, annuity, or other similar periodic payment.
1977—Subsec. (a)(6)(A)(i). , § 302(c)(1), (2), inserted a comma between “instructional” and “research”, substituted “two successive academic years or terms” for “two successive academic years”, and struck out “and” after “the second of such academic years or terms,”.
Subsec. (a)(6)(A)(iii). , § 302(c)(3), added cl. (iii).
Subsec. (a)(6)(A)(iv). added cl. (iv).
Subsec. (a)(14)(A). , § 302(a), substituted “who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed (including an alien who was” for “who has been lawfully admitted for permanent residence or otherwise is permanently residing in the United States under color of law (including an alien who is”.
Subsec. (a)(15). , § 302(e), substituted “March 31, 1980” for “September 30, 1979”.
Subsec. (a)(16), (17). added par. (16). Former par. (16) redesignated (17).
1976—Subsec. (a)(3). , §§ 1903(a)(14)(A),
1906
(b)(13)(C), inserted “of the Treasury” after “to the Secretary” and struck out “; , 1105;” before “ U.S.C. ”.
Subsec. (a)(6)(A). , § 115(c)(1), designated existing provisions as cl. (i), added cl. (ii), and in cl. (i) as so designated substituted “educational institution” for “institution of higher education”, “an agreement provides” for “the contract provides”, and “if such individual performs such services in the first of such academic years (or terms) and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms, and” for “who has a contract to perform services in any such capacity for any institution or institutions of higher education for both of such academic years or both of such terms, and”.
Subsec. (a)(6)(B). , § 506(b), substituted “section
” for “section
”.
Subsec. (a)(12). , § 312(a), substituted provisions that no person shall be denied compensation under such State law solely on the basis of pregnancy or termination of pregnancy for provisions that each political subdivision of the State should have the right to elect to have compensation payable to employees thereof (whose services were not otherwise subject to such law) based on service performed by such employees in the hospitals and institutions of higher education (as defined in section
) operated by such political subdivision; and, if any such political subdivision did elect to have compensation payable to such employees thereof (A) the political subdivision elected should pay into the State unemployment fund, with respect to the service of such employees, payments (in lieu of contributions), and (B) such employees would be entitled to receive, on the basis of such service, compensation payable on the same conditions as compensation which was payable on the basis of similar service for the State which was subject to such law.
Subsec. (a)(13) to (16). , § 314(a), added pars. (13) to (15) and redesignated former par. (13) as (16).
Subsec. (c). , § 312(b), provided that on Oct. 31 of any taxable year after 1977, the Secretary shall not certify any State which, after reasonable notice and opportunity for a hearing to the State agency, the Secretary of Labor finds has failed to amend its law so that it contains each of the provisions required by reason of the enactment of the Unemployment Compensation Amendments of 1976 to be included therein, or has with respect to the 12-month period ending on such Oct. 31, failed to comply substantially with any such provision.
, §§ 1903(a)(14)(B),
1906
(b)(13)(C), (E), inserted “of the Treasury” after “certify to the Secretary”, substituted “the Secretary of Labor shall” for “the Secretary shall” and struck out “(10-month period in the case of October 31, 1972)” after “to the 12-month period”.
Subsec. (f). , § 115(c)(5), added subsec. (f).
1970—Subsec. (a)(6) to (13). , §§ 104(a),
,
,
206, added pars. (6) to (12) and redesignated former par. (6) as (13).
Subsec. (c). , § 131(b)(2), clarified provisions governing procedure to be followed with respect to a finding of the Secretary of Labor that a state has failed to comply substantially with any of the provisions of subsec. (a)(5).
, § 142(f), substituted “October 31” for “December 31” as certification date and “12-month period ending on such October 31” for “taxable year” and prohibited certifications for failure to amend State laws to contain provisions required by reason of enactment of the employment Security Amendments of 1970.
Subsec. (d). , § 142(g), substituted “If at any time” for “If, at any time during the taxable year,”.
Subsec. (e). , § 142(h), added subsec. (e).
Effective Date of 1996 Amendment
Amendment by section 110(l)(1) of effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of , as amended, set out as an Effective Date note under section
of Title
, The Public Health and Welfare.
For effective date of amendment by section 316(g)(2) of , see section
–(c) of , set out as a note under section
of Title
.
Effective Date of 1994 Amendment
Section 702(d) of provided that: “The amendments made by this section [amending this section, sections
and
of this title, and section
of Title
, The Public Health and Welfare] shall apply to payments made after December 31, 1996.”
Effective Date of 1991 Amendment
Section 302(b) of provided that: “The amendments made by this section [amending this section] section shall apply in the case of compensation paid for weeks beginning on or after the date of the enactment of this Act [Nov. 15, 1991].”
Effective Date of 1990 Amendment
Amendment by effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of , set out as a note under section
of Title
, Aliens and Nationality.
Effective Date of 1986 Amendment
Amendment by applicable to recoveries made on or after Apr. 7, 1986, and applicable with respect to overpayments made before, on, or after such date, see section 12401(c) of , set out as a note under section
of Title
, The Public Health and Welfare.
Effective Date of 1983 Amendment
Section 521(b) of provided that:
“(1) Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply in the case of compensation paid for weeks beginning on or after April 1, 1984.
“(2) In the case of a State with respect to which the Secretary of Labor has determined that State legislation is required in order to comply with the amendment made by this section, the amendment made by this section shall apply in the case of compensation paid for weeks which begin on or after April 1, 1984, and after the end of the first session of the State legislature which begins after the date of the enactment of this Act [Apr. 20, 1983], or which began prior to the date of the enactment of this Act and remained in session for at least twenty-five calendar days after such date of enactment. For purposes of the preceding sentence, the term ‘session’ means a regular, special, budget, or other session of a State legislature.”
Section 523(c) of provided that: “The amendments made by this section [amending this section and section
of Title
, The Public Health and Welfare] shall take effect on the date of the enactment of this Act [Apr. 20, 1983].”
Effective Date of 1982 Amendment
Section 193(b) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) The amendment made by subsection (a) [amending this section] shall apply to weeks of unemployment beginning after the date of the enactment of this Act [Sept. 3, 1982].
“(2) The amendment made by subsection (a) [amending this section], insofar as it requires retroactive payments of compensation to employees of educational institutions other than institutions of higher education (as defined in section 3304(f) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]), shall not be a requirement for any State law before January 1, 1984.”
Effective Date of 1980 Amendment
Section 414(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to certifications of States for 1981 and subsequent years.”
Effective Date of 1977 Amendments
Section 403(d) of provided that: “The amendments made by this section [enacting section
of Title
, The Public Health and Welfare, and amending this section and section
of Title
] shall be effective on the date of the enactment of this Act [Dec. 20, 1977].”
Section 2(b) of provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to weeks of unemployment which begin after December 31, 1977.”
Section 302(d)(1) of provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the amendment made by section 314 of the Unemployment Compensation Amendments of 1976.”
Section 302(d)(3) of provided that: “The amendments made by subsection (c) [amending this section] shall take effect as if included in the amendments made by section 115(c) of the Unemployment Compensation Amendments of 1976.”
Effective Date of 1976 Amendments
Section 115(d) of , as amended by , title III, § 301(a), Apr. 12, 1977, , effective Oct. 20, 1976, provided that:
“(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and section
of this title] shall apply with respect to certifications of States for 1978 and subsequent years; except that—
“(A) the amendments made by subsections (a) and (b) [amending section
of this title] shall only apply with respect to services performed after December 31, 1977; and
“(B) the amendments made by subsection (c) [amending this section and section
of this title] shall only apply with respect to weeks of unemployment which begin after December 31, 1977.
“(2) In the case of any State the legislature of which does not meet in a regular session which closes during the calendar year 1977, the amendments made by subsection (c) [amending this section and section
of this title] shall only apply with respect to weeks of unemployment which begin after December 31, 1978 (or if earlier, the date provided by State law).”
Section 116(f) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“Effective dates.—
“(1) Subsections (a), (c) and (d).—The amendments made by subsections (a), (c), and (d) [amending sections 202 and 205 of and section 102 of set out below, section
of Title
, Labor, and section
of Title
, The Public Health and Welfare] shall take effect on the later of October 1, 1976, or the day after the day on which the Secretary of Labor approves under section 3304(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] an unemployment compensation law submitted to him by the Virgin Islands for approval.
“(2) Subsection (b).—The amendments made by subsection (b) [amending section
of this title] shall apply with respect to remuneration paid after December 31 of the year in which the Secretary of Labor approves for the first time an unemployment compensation law submitted to him by the Virgin Islands for approval, for services performed after such December 31.
“(3) Subsection (e).—The amendments made by subsection (e) [amending sections
,
,
,
, and
of Title
, Government Organization and Employees] shall apply with respect to benefit years beginning on or after the later of October 1, 1976, or the first day of the first week for which compensation becomes payable under an unemployment compensation law of the Virgin Islands which is approved by the Secretary of Labor under section 3304(a) of the Internal Revenue Code of 1986.”
Section 312(c) of , as amended by , title III, § 301(b), Apr. 12, 1977, , effective Oct. 20, 1976, provided that:
“(1) Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply with respect to certifications of States for 1978 and subsequent years.
“(2) In the case of any State the legislature of which does not meet in a regular session which closes during the calendar year 1977, the amendments made by this section [amending this section] shall apply with respect to the certification of such State for 1979 and subsequent years.”
Section 314(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to certifications of States for 1978 and subsequent years, or for 1979 and subsequent years in the case of States the legislatures of which do not meet in a regular session which closes in the calendar year 1977.”
Section 506(c) of , as amended by , title III, § 301(c), Apr. 12, 1977, , effective Oct. 20, 1976, provided that:
“(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and section
of this title] shall apply with respect to certifications of States for 1978 and subsequent years, but only with respect to services performed after December 31, 1977.
“(2) In the case of any State the legislature of which does not meet in a regular session which closes during the calendar year 1977, the amendments made by this section [amending this section and section
of this title] shall apply with respect to the certification of such State for 1979 and subsequent years, but only with respect to services performed after December 31, 1978.”
[Section 301(d) of provided that: “The amendments made by this section [amending this Effective Date of 1976 Amendment note in three places] shall take effect on October 20, 1976.”]
Effective Date of 1970 Amendment
Section 104(d) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) Subject to the provisions of paragraph (2), the amendments made by subsections (a) and (b) [amending this section and enacting section
of this title] shall apply with respect to certifications of State laws for 1972 and subsequent years, but only with respect to service performed after December 31, 1971. The amendment made by subsection (c) [amending section
of this title] shall take effect January 1, 1970.
“(2) Section 3304(a)(6) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by subsection (a) of this section) shall not be a requirement for the State law of any State prior to July 1, 1972, if the legislature of such State does not meet in a regular session which closes during the calendar year 1971.”
Section 108(b) of , as amended by , § 2, Oct. 22, 1986, , provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to certification of State laws for 1972 and subsequent years; except that section 3304(a)(12) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by subsection (a)) shall not be a requirement for the State law of any State prior to July 1, 1972, if the legislature of such State does not meet in a regular session which closes during the calendar year 1971, or prior to January 1, 1975, if compliance with such requirement would necessitate a change in the constitution of such State.”
Section 121(b) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) Subject to the provisions of paragraph (2), the amendments made by subsection (a) [amending this section] shall take effect January 1, 1972, and shall apply to the taxable year 1972 and taxable years thereafter.
“(2) Paragraphs (7) through (10) of section 3304(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by subsection (a) of this section) shall not be requirements for the State law of any State prior to July 1, 1972, if the legislature of such State does not meet in a regular session which closes during the calendar year 1971.”
Amendment by section
–(h) of applicable with respect to taxable year 1972 and taxable years thereafter, see section 142(i) of , set out as a note under section
of this title.
Additional Temporary Extended Unemployment Compensation for Displaced Airline Related Workers
, title IV, § 4002, Apr. 16, 2003, , provided that:
“(a) Definitions.—For purposes of this section—
“(1) the term ‘eligible individual’ means an individual whose eligibility for temporary extended unemployment compensation under the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107–147; ) [title II of , set out as a note below], as amended by Public Law 108–1 (), is or would be based on the exhaustion of regular compensation under State law, entitlement to which was based in whole or in part on qualifying employment performed during such individual’s base period;
“(2) the term ‘qualifying employment’, with respect to an eligible individual, means employment—
“(A) with an air carrier, employment at a facility at an airport, or with an upstream producer or supplier for an air carrier; and
“(B) as determined by the Secretary, separation from which was due, in whole or in part, to—
“(i) reductions in service by an air carrier as a result of a terrorist action or security measure;
“(ii) a closure of an airport in the United States as a result of a terrorist action or security measure; or
“(iii) a military conflict with Iraq that has been authorized by Congress;
“(3) the term ‘air carrier’ means an air carrier that holds a certificate issued under chapter
of title
, United States Code;
“(4) the term ‘upstream producer’ means a firm that performs additional, value-added, production processes, including firms that perform final assembly, finishing, or packaging of articles, for another firm;
“(5) the term ‘supplier’ means a firm that produces component parts for, or articles and contract services considered to be a part of the production process or services for, another firm;
“(6) the term ‘Secretary’ means the Secretary of Labor; and
“(7) the term ‘terrorist action or security measure’ means a terrorist attack on the United States on September 11, 2001, or a security measure taken in response to such attack.
“(b) Additional Temporary Extended Unemployment Compensation for Eligible Individual.—In the case of an eligible individual, the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107–147; ), as amended by Public Law 108–1 (), shall be applied as if it had been amended in accordance with subsection (c).
“(c) Modifications.—
“(1) In general.—For purposes of subsection (b), the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107–147; ), as amended by Public Law 108–1 (), shall be treated as if it had been amended as provided in this subsection.
“(2) Program extension.—Deem section 208 of the Temporary Extended Unemployment Compensation Act of 2002, as amended by Public Law 108–1 (), to be amended to read as follows:
“ ‘SEC.
208. APPLICABILITY.
“ ‘(a) In General.—Subject to subsection (b), an agreement entered into under this title shall apply to weeks of unemployment—
“ ‘(1) beginning after the date on which such agreement is entered into; and
“ ‘(2) ending before December 29, 2003.
“ ‘(b) Transition for Amount Remaining in Account.—
“ ‘(1) In general.—Subject to paragraph (2), in the case of an individual who has amounts remaining in an account established under section 203 as of December 28, 2003, temporary extended unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after such date for which the individual meets the eligibility requirements of this title, including such compensation payable by reason of amounts deposited in such account after such date pursuant to the application of subsection (c) of such section.
“ ‘(2) Limitation.—No compensation shall be payable by reason of paragraph (1) for any week beginning after December 26, 2004.’.
“(3) Additional weeks of benefits.—Deem section 203 of the Temporary Extended Unemployment Compensation Act of 2002, as amended by Public Law 108–1 (), to be amended—
“(A) in subsection (b)(1)—
“(i) in subparagraph (A), by striking ‘50’ and inserting ‘150’; and
“(ii) by striking ‘13’ and inserting ‘39’; and
“(B) in subsection (c)(1), by inserting ‘1/3 of’ after ‘equal to’.
“(4) Effective date of modifications described in paragraph (3).—
“(A) In general.—The amendments described in paragraph (3)—
“(i) shall be deemed to have taken effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002; but
“(ii) shall be treated as applying only with respect to weeks of unemployment beginning on or after the date of enactment of this Act [Apr. 16, 2003], subject to subparagraph (B).
“(B) Special rules.—In the case of an eligible individual for whom a temporary extended unemployment account was established before the date of enactment of this Act [Apr. 16, 2003], the Temporary Extended Unemployment Compensation Act of 2002 (as amended by this section) shall be applied subject to the following:
“(i) Any amounts deposited in the individual’s temporary extended unemployment compensation account by reason of section 203(c) of such Act (commonly known as ‘TEUC–X amounts’) before the date of enactment of this Act [Apr. 16, 2003] shall be treated as amounts deposited by reason of section 203(b) of such Act (commonly known as ‘TEUC amounts’), as deemed to have been amended by paragraph (3)(A).
“(ii) For purposes of determining whether the individual is eligible for any TEUC–X amounts under such Act, as deemed to be amended by this subsection—
“(I) any determination made under section 203(c) of such Act before the application of the amendment described in paragraph (3)(B) shall be disregarded; and
“(II) any such determination shall instead be made by applying section 203(c) of such Act, as deemed to be amended by paragraph (3)(B), as of the time that all amounts established in such account in accordance with section 203(b) of such Act (as deemed to be amended under this subsection, and including any amounts described in clause (i)) are in fact exhausted.”
Temporary Extended Unemployment Compensation
, title II, Mar. 9, 2002, , as amended by , § 1(a), Jan. 8, 2003, ; , § 2(a), May 28, 2003, , provided that:
“SEC.
201. SHORT TITLE.
“This title may be cited as the ‘Temporary Extended Unemployment Compensation Act of 2002’.
“SEC.
202. FEDERAL-STATE AGREEMENTS.
“(a) In General.—Any State which desires to do so may enter into and participate in an agreement under this title with the Secretary of Labor (in this title referred to as the ‘Secretary’). Any State which is a party to an agreement under this title 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 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 March 15, 2001);
“(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;
“(3) are not receiving compensation with respect to such week under the unemployment compensation law of Canada; and
“(4) filed an initial claim for regular compensation on or after March 15, 2001.
“(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 title—
“(1) the amount of temporary extended 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 temporary extended unemployment compensation and the payment thereof, except—
“(A) that an individual shall not be eligible for temporary extended unemployment compensation under this title unless, in the base period with respect to which the individual exhausted all rights to regular compensation under the State law, the individual had 20 weeks of full-time insured employment or the equivalent in insured wages, as determined under the provisions of the State law implementing section 202(a)(5) of the Federal-State Extended Unemployment Compensation Act of 1970 [] ( U.S.C. ); and
“(B) where otherwise inconsistent with the provisions of this title or with the regulations or operating instructions of the Secretary promulgated to carry out this title; 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
203 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 temporary extended unemployment compensation in lieu of extended compensation to individuals who otherwise meet the requirements of this section. Such an election shall not require a State to trigger off an extended benefit period.
“SEC.
203. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.
“(a) In General.—Any agreement under this title 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 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, 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 if, at the time of exhaustion (as described in paragraph (1))—
“(A) such a period is then in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 []; or
“(B) such a period would then be in effect for such State under such Act if section 203(d) of such Act were applied as if it had been amended by striking ‘5’ each place it appears and inserting ‘4’.
“SEC.
204. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION.
“(a) General Rule.—There shall be paid to each State that has entered into an agreement under this title an amount equal to 100 percent of the temporary extended 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 title or chapter
of title
, 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 title in respect of such compensation.
“(c) Determination of Amount.—Sums payable to any State by reason of such State having an agreement under this title 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 title 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.
205. FINANCING PROVISIONS.
“(a) In General.—Funds in the extended unemployment compensation account (as established by section 905(a) of the Social Security Act ( U.S.C.
) of the Unemployment Trust Fund (as established by section 904(a) of such Act ( U.S.C.
) shall be used for the making of payments to States having agreements entered into under this title.
“(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 title. 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) 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 ( U.S.C.
) 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 ( U.S.C. et seq.)) in meeting the costs of administration of agreements under this title.
“(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
of title
, 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.
206. 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 temporary extended unemployment compensation under this title to which he was not entitled, such individual—
“(1) shall be ineligible for further temporary extended unemployment compensation under this title 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
of title
, United States Code.
“(b) Repayment.—In the case of individuals who have received amounts of temporary extended unemployment compensation under this title to which they were not entitled, the State shall require such individuals to repay the amounts of such temporary extended unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that—
“(1) the payment of such temporary extended 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 temporary extended unemployment compensation payable to such individual under this title 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 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.
207. DEFINITIONS.
“In this title, 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 ( U.S.C. ).
“SEC.
208. APPLICABILITY.
“(a) In General.—Except as provided in subsection (b), an agreement entered into under this title shall apply to weeks of unemployment—
“(1) beginning after the date on which such agreement is entered into; and
“(2) ending on or before December 31, 2003.
“(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 203 as of December 31, 2003, temporary extended unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after such date for which the individual meets the eligibility requirements of this title.
“(2) No augmentation after december 31, 2003.—If the account of an individual is exhausted after December 31, 2003, then section
203
(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) Limitation.—No compensation shall be payable by reason of paragraph (1) for any week beginning after March 31, 2004.
“SEC.
209. SPECIAL REED ACT TRANSFER IN FISCAL YEAR 2002.
“(a) Repeal of Certain Provisions Added by the Balanced Budget Act of 1997.—
“(1) In general.—[Amended section
of Title
, The Public Health and Welfare.]
“(2) Savings provision.—Any amounts transferred before the date of enactment of this Act [Mar. 9, 2002] under the provision repealed by paragraph (1)(A) [amending section
of Title
] shall remain subject to section 903 of the Social Security Act [ U.S.C. ], as last in effect before such date of enactment.
“(b) Special Transfer in Fiscal Year 2002.—[Amended section
of Title
.]
“(c) Limitations on Transfers.—Section 903(b) of the Social Security Act [ U.S.C.
] shall apply to transfers under section 903(d) of such Act (as amended by this section). For purposes of the preceding sentence, such section
shall be deemed to be amended as follows:
“(1) By substituting ‘the transfer date described in subsection (d)(5)’ for ‘October 1 of any fiscal year’.
“(2) By substituting ‘remain in the Federal unemployment account’ for ‘be transferred to the Federal unemployment account as of the beginning of such October 1’.
“(3) By substituting ‘fiscal year 2002 (after the transfer date described in subsection (d)(5))’ for ‘the fiscal year beginning on such October 1’.
“(4) By substituting ‘under subsection (d)’ for ‘as of October 1 of such fiscal year’.
“(5) By substituting ‘(as of the close of fiscal year 2002)’ for ‘(as of the close of such fiscal year)’.
“(d) Technical Amendments.—
“(1) [Amended sections
and
of this title.]
“(2) [Amended section
of Title
.]
“(e) Regulations.—The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this section and the amendments made by this section.”
[, § 2(b), May 28, 2003, , provided that: “The amendments made by this section [amending section 208 of , set out above] shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107–147 [title II]; [26]).”]
[, § 1(b), Jan. 8, 2003, , provided that: “The amendment made by this section [amending section 208 of , set out above] shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107–147 [title II]; [26]).”]
Profiling of New Claimants for Regular Unemployment Compensation
, § 4, Mar. 4, 1993, , directed Secretary of Labor to establish program for encouraging adoption and implementation by all States of system of profiling all new claimants for regular unemployment compensation to determine which claimants might be likely to exhaust regular unemployment compensation and might need reemployment assistance services, directed Secretary to provide technical assistance and advice to States in development of model profiling systems and procedures for such systems and to provide to each State, from funds available for this purpose, such funds as determined necessary, and directed Secretary to report to Congress on operation and effectiveness of profiling systems adopted by States along with continuation and legislative recommendations, prior to repeal by , § 4(e), Nov. 24, 1993, .
Treatment of Persian Gulf Crisis Reservists
Section 104 of provided that: “If—
“(1) an individual who was a member of a reserve component of the Armed Forces was called for active duty after August 2, 1990, and before March 1, 1991,
“(2) such individual was receiving regular compensation, extended compensation, or a trade readjustment allowance for the week in which he was so called,
“(3) such individual served on such active duty for at least 90 consecutive days, and
“(4) such individual was entitled to regular compensation on the basis of his services on such active duty, but the weekly benefit amount was less than the benefit amount he received for the week referred to in paragraph (2),
such individual’s weekly benefit amount under the Emergency Unemployment Compensation Act of 1991 [see section 101(d) of , set out below] for any week beginning after the date of the enactment of this Act [July 3, 1992] shall be not less than the benefit amount he received for the week referred to in paragraph (2).”
Study and Report by Federal Advisory Council on Suspension of Eligibility Requirements for Unemployment Benefits
Section 202(b)(2) of directed Federal Advisory Council established under U.S.C. to conduct a study of the provisions suspended by the amendment made by section 202(b)(1) of , enacting section 202(a)(7) of , set out below, and to submit, not later than Feb. 1, 1994, to Committee on Ways and Means of House of Representatives and Committee on Finance of Senate, a report of its recommendations on such suspended provisions.
Information Required With Respect to Taxation of Unemployment Benefits
Section 301 of provided that:
“(a) Information on Unemployment Benefits.—
“(1) General rule.—The State agency in each State shall provide to an individual filing a claim for compensation under the State unemployment compensation law a written explanation of the Federal and State income taxation of unemployment benefits and of the requirements to make payments of estimated Federal and State income taxes.
“(2) State agency.—For purposes of this subsection, the term ‘State agency’ has the meaning given such term by section 3306(e) of the Internal Revenue Code of 1986.
“(b) Effective Date.—The amendment made by subsection (a) shall take effect on October 1, 1992.”
Emergency Unemployment Compensation
Section
and titles I and II of , as amended by , § 3(a)(1)–(6), Dec. 4, 1991, ; , §§ 1(a), (b),
, Feb. 7, 1992, , 4; , title I, §§ 101(a)–(d), 102(a), 103(a), 107, July 3, 1992, , 295; , § 2(a)–(c), Mar. 4, 1993, ; , §§ 2(a)–(d), 3(a), Nov. 24, 1993, , 1517, provided that:
“SECTION
. SHORT TITLE.
“This Act [enacting sections
and
of Title
, Education, amending this section and sections
and
of this title, section
of Title
, Government Organization and Employees, sections
,
, and
of Title
, and section
of Title
, The Public Health and Welfare, repealing section
of Title
, enacting provisions set out as notes under this section and sections
and
of this title, section 8521 of Title
, section
of Title 42, and section
of Title
, Railroads, and amending provisions set out as a note under section
of this title] may be cited as the ‘Emergency Unemployment Compensation Act of 1991’.
“TITLE I—EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM
“SEC.
. 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 (hereafter 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—
“(1) to individuals who—
“(A) have exhausted all rights to regular compensation under the State law,
“(B) have no rights to compensation (including both regular compensation and 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 (and are not paid or entitled to be paid any additional compensation under any State or Federal law), and
“(C) are not receiving compensation with respect to such week under the unemployment compensation law of Canada, and
“(2) for any week of unemployment which begins in the individual’s period of eligibility (as defined in section
).
“(c) 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 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.—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 extended compensation and to the payment thereof shall apply to claims for emergency 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 emergency unemployment compensation payable to any individual for whom an account is established under section
shall not exceed the amount established in such account for such individual.
“(e) Election by States; Weeks of Benefits During Phase-Out.—
“(1) Election by states.—Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State is authorized to and may elect to trigger off an extended compensation period in order to provide payment of emergency unemployment compensation to individuals who have exhausted their rights to regular compensation under State law. The preceding sentence shall not be applicable with respect to any extended compensation period which begins after February 5, 1994, nor shall the special rule in section 203(b)(1)(B) of the Federal-State Extended Unemployment Compensation Act of 1970 [section 203(b)(1)(B) of , set out below] (or the similar provision in any State law) operate to preclude the beginning of an extended compensation period after February 5, 1994, because of the ending of an earlier extended compensation period under the preceding sentence.
“(2) Weeks of benefits during phase-out.—Notwithstanding subsection (b)(1)(B) or any other provision of law, whenever an extended compensation period is beginning in a State after February 5, 1994, an individual, who is entitled to extended compensation in the new extended compensation period (whether or not the individual applies therefor) and also has remaining entitlement to emergency unemployment compensation under this Act, shall be entitled to compensation under the program in which the individual’s monetary entitlement (as of the beginning of the first week of the extended compensation period) is the greater.
“SEC.
. 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) 130 percent of the total amount of regular compensation (including dependents’ allowances) payable to the individual with respect to the benefit year (as determined under the State law) on the basis of which the individual most recently received regular compensation, or
“(B) the applicable limit times the individual’s average weekly benefit amount for the benefit year.
“(2) Applicable limit.—For purposes of this section—
“(A) In general.—Except as otherwise provided in this paragraph—
“(i) In general.—
“(I) In the case of weeks beginning during a high unemployment period, the applicable limit is 33.
“(II) In the case of weeks not beginning in a high unemployment period, the applicable limit is 26.
“(ii) Reduction for weeks after june 13, 1992.—In the case of weeks beginning after June 13, 1992—
“(I) clause (i) of this subparagraph shall be applied by substituting ‘26’ for ‘33’, and by substituting ‘20’ for ‘26’, and
“(II) subparagraph (A) of paragraph (1) shall be applied by substituting ‘100 percent’ for ‘130 percent’.
“(iii) Reduction for weeks in 7-percent period.—In the case of weeks beginning in a 7-percent period—
“(I) clause (ii) of this subparagraph shall not apply,
“(II) clause (i) of this subparagraph shall be applied by substituting ‘15’ for ‘33’, and by substituting ‘10’ for ‘26’, and
“(III) subparagraph (A) of paragraph (1) shall be applied by substituting ‘60 percent’ for ‘130 percent’.
“(iv) Reduction for weeks in 6.8-percent period.—In the case of weeks beginning in a 6.8-percent period—
“(I) clauses (ii) and (iii) of this subparagraph shall not apply,
“(II) clause (i) of this subparagraph shall be applied by substituting ‘13’ for ‘33’, and by substituting ‘7’ for ‘26’, and
“(III) subparagraph (A) of paragraph (1) shall be applied by substituting ‘50 percent’ for ‘130 percent’.
“(v) 7-percent period; 6.8-percent period.—For purposes of this subparagraph—
“(I) A 7-percent period means a period which begins with the second week after the first week for which the requirements of subclause (II) are met and a 6.8 percent period means a period which begins with the second week after the first week for which the requirements of subclause (III) are met.
“(II) The requirements of this subclause are met for any week if the average rate of total unemployment (seasonally adjusted) for all States for the period consisting of the most recent 2-calendar month period (for which data are published before the close of such week) is at least 6.8 percent, but less than 7 percent.
“(III) The requirements of this subclause are met for any week if the average rate of total unemployment (seasonally adjusted) for all States for the period consisting of the most recent 2-calendar month period (for which data are published before the close of such week) is less than 6.8 percent.
In no event shall a 7-percent period occur after a 6.8-percent period occurs and a 6.8-percent period, once begun, shall continue in effect for all weeks for which benefits are provided under this Act.
“(vi) Reduction of weeks after october 2, 1993.—In the case of weeks beginning after October 2, 1993—
“(I) clause (i) of this subparagraph shall be applied by substituting ‘13’ for ‘33’ and by substituting ‘7’ for ‘26’,
“(II) clauses (ii), (iii), (iv), and (v) of this subparagraph shall not apply, and
“(III) subparagraph A of paragraph (1) shall be applied by substituting ‘50 percent’ for ‘130 percent’.
“(vii) Limitations on reductions.—In the case of an individual who is receiving emergency unemployment compensation for a week preceding the first week for which a reduction applies under clause (ii), (iii), (iv), or (vi) of this subparagraph, such reduction shall not apply to such individual for the first week of such reduction or any week thereafter for which the individual meets the eligibility requirements of this Act.
“(B) Applicable limit not reduced.—Except as provided in clauses (ii), (iii), (iv) and (vi) of subparagraph (A), an individual’s applicable limit for any week shall in no event be less than the highest applicable limit in effect for any prior week for which emergency unemployment compensation was payable to the individual from the account involved.
“(C) Increase in applicable limit.—If the applicable limit in effect for any week is higher than the applicable limit for any prior week, the applicable limit shall be the higher applicable limit, reduced (but not below zero) by the number of prior weeks for which emergency unemployment compensation was paid to the individual from the account involved.
“(3) Reduction for extended benefits.—The amount in an account under paragraph (1) shall be reduced (but not below zero) by the aggregate amount of extended compensation (if any) received by such individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970 [, title II, set out below].
“(4) 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) High Unemployment Period.—For purposes of this section—
“(1) In general.—The term ‘high unemployment period’ means, with respect to any State, the period which—
“(A) begins with the third week after the first week for which the requirements of paragraph (2) are satisfied, and
“(B) ends with the third week after the first week for which the requirements of paragraph (2) are not satisfied.
“(2) Requirements.—For purposes of paragraph (1), the requirements of this paragraph are satisfied for any week if—
“(A) the adjusted rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks is at least 5 percent, or
“(B) the average rate of total unemployment in such State for the period consisting of the most recent 6-calendar month period (for which data are published before the close of such week) is at least 9 percent.
“[(d) Repealed. , § 1(b)(4), Feb. 7, 1992, .]
“(e) Special Rules.—
“(1) Minimum duration.—A high unemployment period shall last for not less than 13 weeks.
“(2) Notification by secretary.—When a determination has been made that a high unemployment period is beginning or ending with respect to a State, the Secretary shall cause notice of such determination to be published in the Federal Register.
“(f) Effective Date.—
“(1) In general.—Except as provided in paragraphs (2) and (3), no emergency unemployment compensation shall be payable to any individual under this Act for any week—
“(A) beginning before the later of—
“(i) November 17, 1991, or
“(ii) the first week following the week in which an agreement under this Act is entered into, or
“(B) beginning after February 5, 1994.
“(2) Transition.—In the case of an individual who is receiving emergency unemployment compensation for a week prior to or including February 5, 1994, emergency unemployment compensation shall continue to be payable to such individual for any week thereafter for which the individual meets the eligibility requirements of this Act. No compensation shall be payable by reason of the preceding sentence for any week beginning after April 30, 1994.
“(3) Reachback provisions.—
“(A) In general.—If any individual has a benefit year which ends after February 28, 1991, such individual shall be entitled to emergency unemployment compensation under this Act in the same manner as if such individual’s benefit year ended no earlier than the last day of the first week following November 16, 1991.
“(B) Limitation of benefits.—In the case of an individual who has exhausted such individual’s rights to both regular and extended compensation, any emergency unemployment compensation payable under subparagraph (A) shall be reduced in accordance with subsection (b)(3).
“(g) Transitional Rules.—
“(1) In general.—For purposes of determining whether a high unemployment period is in effect with respect to any State for the 1st week for which emergency unemployment compensation may be payable under this title in such State, this Act shall be treated as having been in effect for all weeks ending on or after October 19, 1991.
“(2) Special rules.—A high unemployment period shall begin in any State with the 1st week for which emergency unemployment compensation may be payable in such State under this title if, on the basis of information submitted to the Committee on Ways and Means of the House of Representatives by the Department of Labor on November 7, 1991, the requirements of subsection (c)(2) are satisfied by such State for the week which ends October 19, 1991.
“SEC.
. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF EMERGENCY UNEMPLOYMENT COMPENSATION.
“(a) General Rule.—There shall be paid to each State which 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
of title
, 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.
. FINANCING PROVISIONS.
“(a) In General.—Funds in the extended unemployment compensation account (as established by section 905 of the Social Security Act [ U.S.C. ]) of the Unemployment Trust Fund 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 General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act [ U.S.C. ]) to the account of such State in the Unemployment Trust Fund.
“(c) Assistance to States.—There are hereby authorized to be appropriated, 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 [ U.S.C. et seq.]) in meeting the costs of administration of agreements under this Act.
“(d) Authorization of Appropriations for Certain Payments.—There are authorized to be appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account (as established by section 905 of the Social Security Act [ U.S.C. ]) such sums as the Secretary estimates to be necessary to make the payments under this section in respect of—
“(1) compensation payable under chapter
of title
, 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.
“(e) Transfer of Funds.—Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated)—
“(1) to the extended unemployment compensation account (as established by section 905 of the Social Security Act [ U.S.C. ]) such sums as are necessary to make payments to States under this Act by reason of the amendments made by sections 101 and 102 of the Unemployment Compensation Amendments of 1992 [sections 101 and 102 of , amending this Act], and
“(2) to the employment security administration account (as established by section 901 of the Social Security Act [ U.S.C. ]) such sums as may be necessary for purposes of assisting States in meeting administrative costs by reason of the amendments made by sections 101, 102, 201, and 202 of the Unemployment Compensation Amendments of 1992 [sections 101, 102, 201, and 202 of , amending this Act and , set out below].
There is hereby appropriated from such accounts the sums referred to in the preceding sentence and such sums shall not be required to be repaid.
“SEC.
. 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
of title
, 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 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.
. DEFINITIONS.
“(a) In General.—For purposes of this Act:
“(1) In general.—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 [section 205 of , set out below].
“(2) Period of eligibility.—An individual’s period of eligibility consists of any week which begins on or after November 17, 1991, and which (except as provided in section
) begins before February 5, 1994; except that an individual shall not have any period of eligibility unless his benefit year ends on or after November 16, 1991.
“(3) Adjusted rate of insured unemployment.—The adjusted rate of insured unemployment for any period shall be determined in the same manner as the rate of insured unemployment is determined under section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 [section 203 of , set out below]; except that individuals exhausting their rights to regular compensation during the most recent 3 calendar months for which data are available before the close of the period for which such rate is being determined shall be taken into account as if they were individuals filing claims for regular compensation for each week during the period for which such rate is being determined.
“(4) Rate of total unemployment.—The term ‘rate of total unemployment’ means, with respect to any period, the average unadjusted total rate of unemployment (as determined by the Secretary) for a State for such period.
“(b) Rounding.—For purposes of this Act, any rate determined under paragraph (3) or (4) of subsection (a) shall be rounded to the nearest 1/10th of a percent.
“TITLE II—DEMONSTRATION PROGRAM TO PROVIDE JOB SEARCH ASSISTANCE
“SEC.
201. DEMONSTRATION PROGRAM TO PROVIDE JOB SEARCH ASSISTANCE.
“(a) General Rule.—The Secretary of Labor (hereafter in this title referred to as the ‘Secretary’) shall carry out a demonstration program under this title for purposes of determining the feasibility of implementing job search assistance programs. To carry out such demonstration program, the Secretary shall enter into agreements with 3 States which—
“(1) apply to participate in such program, and
“(2) demonstrate to the Secretary that they are capable of implementing the provisions of an agreement under this section.
“(b) Selection of States.—
“(1) In general.—In determining whether to enter into an agreement with a State under this section, the Secretary shall take into consideration at least—
“(A) the size, geography, and occupational and industrial composition of the State,
“(B) the adequacy of State resources to carry out a job search assistance program,
“(C) the range and extent of specialized services to be provided by the State to individuals covered by the agreement, and
“(D) the design of the evaluation to be applied by the State to the program.
“(2) Replication of prior demonstration project.—At least 1 of the States selected by the Secretary under subsection (a) shall be a State which has operated a successful demonstration project with respect to job search assistance under a contract with the Department of Labor. The demonstration program under this title of any such State shall, at a minimum, replicate the project it operated under such contract in the same geographic areas.
“(c) Provisions of Agreement.—Any agreement entered into with a State under this section shall—
“(1) provide that the State will implement a job search assistance program during the 1-year period specified in such agreement,
“(2) provide that such implementation will begin not later than the date 18 months after the date of the enactment of this Act [Nov. 15, 1991],
“(3) contain such provisions as may be necessary to ensure an accurate evaluation of the effectiveness of a job search assistance program, including—
“(A) random selection of eligible individuals for participation in the program and for inclusion in a control group, and
“(B) collection of data on participants and members of a control group as of the close of the 1-year period and 2-year period after the operations of the program cease,
“(4) provide that not more than 5 percent of the claimants for unemployment compensation under the State law shall be selected as participants in the job search assistance program, and
“(5) contain such other provisions as the Secretary may require.
“SEC.
202. JOB SEARCH ASSISTANCE PROGRAM.
“(a) General Rule.—For purposes of this title, a job search assistance program shall provide that—
“(1) eligible individuals who are selected to participate in the program shall be required to participate in a qualified intensive job search program after receiving compensation under such State law during any benefit year for at least 6 but not more than 10 weeks,
“(2) every individual required to participate in a job search program under paragraph (1) shall be entitled to receive an intensive job search program voucher, and
“(3) any individual who is required under paragraph (1) to participate in a qualified intensive job search program and who does not satisfactorily participate in such program shall be disqualified from receiving compensation under such State law for the period (of not more than 10 weeks) specified in the agreement under section
201.
“(b) Eligible Individual.—For purposes of this title—
“(1) In general.—The term ‘eligible individual’ means any individual receiving compensation under the State law during any benefit year if, during the 3-year period ending on the last day of the base period for such benefit year, such individual had at least 126 weeks of employment at wages of $30 or more a week with such individual’s last employer in such base period (or, if data with respect to weeks of employment with such last employer are not available, an equivalent amount of employment computed under regulations prescribed by the Secretary).
“(2) Exception.—Such term shall not include any individual if—
“(A) such individual has a definite date for recall to his former employment,
“(B) such individual seeks employment through a union hall or similar arrangement, or
“(C) the State agency—
“(i) waives the requirements of subsection (a)(1) for good cause shown by such individual, or
“(ii) determines that such participation would not be appropriate for such individual.
“(c) Qualified Intensive Job Search Program.—For purposes of this section, the term ‘qualified intensive job search program’ means any intensive job search assistance program which—
“(1) is approved by the State agency,
“(2) is provided by an organization qualified to provide job search assistance programs under any other Federal law, and
“(3) includes—
“(A) all basic employment services, such as orientation, testing, a job-search workshop, and an individual assessment and counseling interview, and
“(B) additional services, such as ongoing contact with the program staff, followup assistance, resource centers, and job search materials and equipment.
“(d) Intensive Job Search Voucher.—For purposes of this section, the term ‘intensive job search voucher’ means any voucher which entitles the organization (including the State employment service) providing the qualified intensive job search assistance program to a payment from the State agency equal to the lesser of—
“(1) the reasonable costs of providing such program, or
“(2) the average weekly benefit amount in the State.
“SEC.
203. ADMINISTRATIVE PROVISIONS.
“(a) Financing Provisions.—
“(1) Payments to states.—There shall be paid to each State which enters into an agreement under section
201 an amount equal to the lesser of the reasonable costs of operating the job search assistance program pursuant to such agreement or the State’s average weekly benefit amount for each individual selected to participate in the job search assistance program operated by such State pursuant to such agreement. Funds in the extended unemployment compensation account (as established by section 905 of the Social Security Act [ U.S.C. ]) shall be used for purposes of making such payments.
“(2) Payments on calendar month basis.—There shall be paid to each State either in advance or by way of reimbursement, as may be determined by the Secretary, such sum as the Secretary estimates the State will be entitled to receive under this subsection for each calendar month, reduced or increased, as the case may be, by any sum 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 method as may be agreed upon by the Secretary and the State agency.
“(3) 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 subsection. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payment to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act [ U.S.C. ]) to the account of such State in the Unemployment Trust Fund.
“(4) Special rule.—Notwithstanding any other provision of law, amounts in the account of a State in the Unemployment Trust Fund may be used for purposes of making payments pursuant to intensive job search vouchers provided pursuant to an agreement under this title.
“(b) Reports to Congress.—
“(1) Interim reports.—The Secretary shall submit 2 interim reports to the Congress on the effectiveness of the demonstration program carried out under this title. The 1st such report shall be submitted before the date 2 years after operations under the demonstration program commenced and the 2d such report shall be submitted before the date 4 years after such commencement.
“(2) Final report.—Not later than the date 5 years after the commencement referred to in paragraph (1), the Secretary shall submit a final report to the Congress on the demonstration program carried out under this title. Such report shall include estimates of program impact, such as—
“(A) changes in duration of unemployment, earnings, and hours worked of participants,
“(B) changes in unemployment compensation outlays,
“(C) changes in unemployment taxes,
“(D) net effect on the Unemployment Trust Fund,
“(E) net effect on Federal unified budget deficit, and
“(F) net social benefits or costs of the program.
“(c) Definitions.—For purposes of this title, the terms ‘compensation’, ‘benefit year’, ‘State’, ‘State agency’, ‘State law’, ‘base period’, and ‘week’ have the respective meanings given such terms by section
.”
[Section 2(e) of provided that: “The amendments made by this section [amending , set out above] shall apply to weeks of unemployment beginning after October 2, 1993.”]
[Section 3(b) of provided that: “The repeal made by subsection (a) [amending , set out above] shall apply to weeks of unemployment beginning after the date of the enactment of this Act [Nov. 24, 1993]; except that such repeal shall not apply in determining eligibility for emergency unemployment compensation from an account established before October 2, 1993.”]
[Section 9(a) of provided that: “Notwithstanding the provisions of section 3(b) of this Act [enacting provisions set out above], the repeal made by section 3(a) of this Act [amending , set out above] shall apply to weeks of unemployment beginning after October 2, 1993, except that such repeal shall not apply in determining eligibility for emergency unemployment compensation from an account established before October 3, 1993.”]
[Section 2(d) of provided that: “The amendments made by this section [amending , set out above] shall apply to weeks beginning after March 6, 1993.”]
[Section 5 of provided that:
[“(a) Authorization.—There are authorized to be appropriated for nonrepayable advances to the account for ‘Advances to the Unemployment Trust Fund and Other Funds’ in Department of Labor Appropriations Acts (for transfer to the ‘extended unemployment compensation account’ established by section 905 of the Social Security Act [ U.S.C. ]) such sums as may be necessary to make payments to the States to carry out the purposes of the amendments made by section 2 of this Act [amending , set out above].
[“(b) Use of Advance Account Funds.—The funds appropriated to the account for ‘Advances to the Unemployment Trust Fund and Other Funds’ in the Department of Labor Appropriation Act for Fiscal Year 1993 (Public Law 102–394) [] are authorized to be used to make payments to the States to carry out the purposes of the amendments made by section 2 of this Act.”]
[Section 6 of provided that: “Pursuant to sections 251(b)(2)(D)(i) and 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 [ U.S.C.
,
], the Congress hereby designates all direct spending amounts provided by this Act [see Short Title of 1993 Amendments note set out under section
of this title] (for all fiscal years) and all appropriations authorized by this Act (for all fiscal years) as emergency requirements within the meaning of part C of the Balanced Budget and Emergency Deficit Control Act of 1985 [ U.S.C. et seq.].”]
[Section 101(e) of provided that: “The amendments made by this section [amending , set out above] apply to weeks of unemployment beginning after June 13, 1992.”]
[Section 102(b) of provided that:
[“(1) In general.—The amendment made by this section [amending , set out above] shall apply to weeks of unemployment beginning after the date of the enactment of this Act [July 3, 1992].
[“(2) Transition rules.—
[“(A) Waiver of recovery of certain overpayments.—On and after the date of the enactment of this Act, no repayment of any emergency unemployment compensation shall be required under section 105 of the Emergency Unemployment Compensation Act of 1991 (Public Law 102–164, as amended) if the individual would have been entitled to receive such compensation had the amendment made by subsection (a) applied to all weeks beginning on or before the date of the enactment of this Act.
[“(B) Waiver of rights to certain regular benefits.—If—
[“(i) before the date of the enactment of this Act, an individual exhausted his rights to regular compensation for any benefit year, and
[“(ii) after such exhaustion, such individual was not eligible to receive emergency unemployment compensation by reason of being entitled to regular compensation for a subsequent benefit year,
such individual may elect to defer his rights to regular compensation for such subsequent benefit year with respect to weeks beginning after such date of enactment until such individual has exhausted his rights to emergency unemployment compensation in respect of the benefit year referred to in clause (i), and such individual shall be entitled to receive emergency unemployment compensation for such weeks in the same manner as if he had not been entitled to the regular compensation to which the election applies.”]
[Section 103(b) of provided that: “The amendment made by subsection (a) [amending , set out above] shall take effect on the date of the enactment of this Act [July 3, 1992].”]
[Section 1(c) of provided that: “The amendments made by this section [amending , set out above] shall apply to weeks of unemployment beginning after the date of the enactment of this Act [Feb. 7, 1992].”]
[Section 3(b) of provided that: “The amendments made by this section [amending , set out above, and provisions set out as a note under section
of Title
, Railroads] shall apply as if included in the provisions of and the amendments made by the ‘Emergency Unemployment Compensation Act of 1991 [, see section
set out above].’ ”]
[, Aug. 17, 1991, , which enacted the “Emergency Unemployment Compensation Act of 1991” containing provisions similar to those enacted by , set out above, did not become effective pursuant to section 10(b) of , which required certain action to have been taken by the President.]
Determination of Amount of Federal Share With Respect to Certain Extended Benefits Payments
, title IX, § 9151, Dec. 22, 1987, , provided that: “For the purpose of determining the amount of the Federal payment to any State under section 204(a)(1) of the Federal-State Extended Unemployment Compensation Act of 1970 [section 204(a)(1) of , set out below] with respect to the implementation of paragraph (3) of section 202(a) of such Act [section 202(a) of , set out below] (as added by section 1024(a) of the Omnibus Reconciliation Act of 1980 []), such paragraph shall be considered to apply only with respect to weeks of unemployment beginning after October 31, 1981, except that for any State in which the State legislature did not meet in 1981, it shall be considered to apply for such purpose only with respect to weeks of unemployment beginning after October 31, 1982.”
Demonstration Program To Provide Self-Employment Allowances for Eligible Individuals
, title IX, § 9152, Dec. 22, 1987, , as amended by , title VIII, § 8301, Nov. 10, 1988, , provided that:
“(a) In General.—The Secretary of Labor (hereinafter in this section referred to as the ‘Secretary’) shall carry out a demonstration program under this section for the purpose of making available self-employment allowances to eligible individuals. To carry out such program, the Secretary shall enter into agreements with three States that—
“(1) apply to participate in such program, and
“(2) demonstrate to the Secretary that they are capable of implementing the provisions of the agreement.
“(b) Selection of States.—(1) In determining whether to enter into an agreement with a State under this section, the Secretary shall take into consideration at least—
“(A) the availability and quality of technical assistance currently provided by agencies of the State to the self-employed;
“(B) existing local market conditions and the business climate for new, small business enterprises in the State;
“(C) the adequacy of State resources to carry out a regular unemployment compensation program and a program under this section;
“(D) the range and extent of specialized services to be provided by the State to individuals covered by such an agreement;
“(E) the design of the evaluation to be applied by the State to the program; and
“(F) the standards which are to be utilized by the State for the purpose of assuring that individuals who will receive self-employment assistance under this section will have sufficient experience (or training) and ability to be self employed.
“(2) The Secretary may not enter into an agreement with any State under this section unless the Secretary makes a determination that the State’s unemployment compensation program has adequate reserves.
“(c) Provisions of Agreements.—Any agreement entered into with a State under this section shall provide that—
“(1) each individual who is an eligible individual with respect to any benefit year beginning during the three-year period commencing on the date on which such agreement is entered into shall receive a self-employment allowance;
“(2) self-employment allowances made to any individual under this section shall be made in the same amount, on the same terms, and subject to the same conditions as regular or extended unemployment compensation, as the case may be, paid by such State; except that—
“(A) State and Federal requirements relating to availability for work, active search for work, or refusal to accept suitable work shall not apply to such individual; and
“(B) such individual shall be considered to be unemployed for purposes of the State and Federal laws applicable to unemployment compensation, as long as the individual meets the requirements applicable under this section to such individual;
“(3) to the extent that such allowances are made to an individual under this section, an amount equal to the amount of such allowances shall be charged against the amount that may be paid to such individual under State law for regular or extended unemployment compensation, as the case may be;
“(4) the total amount paid to an individual with respect to any benefit year under this section may not exceed the total amount that could be paid to such individual for regular or extended unemployment compensation, as the case may be, with respect to such benefit year under State law;
“(5) the State shall implement a program that—
“(A) is approved by the Secretary;
“(B) will not result in any cost to the Unemployment Trust Fund established by section 904(a) of the Social Security Act [ U.S.C.
] in excess of the cost which would have been incurred by such State and charged to such Fund if the State had not participated in the demonstration program under this section;
“(C) is designed to select and assist individuals for self-employment allowances, monitor the individual’s self-employment, and provide, as described in subsection (d), to the Secretary a complete evaluation of the use of such allowances; and
“(D) otherwise meets the requirements of this section; and
“(6) the State, from its general revenue funds, shall—
“(A) repay to the Unemployment Trust Fund any cost incurred by the State and charged to the Fund which exceeds the cost which would have been incurred by such State and charged to such Fund if the State had not participated in the demonstration program under this section; and
“(B) in any case in which any excess cost described in subparagraph (A) is not repaid in the fiscal year in which it was charged to the Fund, pay to the Fund an amount of interest, on the outstanding balance of such excess cost, which is sufficient (when combined with any repayment by the State described in subparagraph (A)) to reimburse the Fund for any loss which would not have been incurred if such excess cost had not been incurred.
“(d) Evaluation.—(1) Each State that enters into an agreement under this section shall carry out an evaluation of its activities under this section. Such evaluation shall be based on an experimental design with random assignment between a treatment group and a control group with not more than one-half of the individuals receiving assistance at any one time being assigned to the treatment group.
“(2) The Secretary shall use the data provided from such evaluation to analyze the benefits and the costs of the program carried out under this section, to formulate the reports under subsection (g), and to estimate any excess costs described in subsection (c)(6)(A).
“(e) Financing.—(1) Notwithstanding section 303(a)(5) of the Social Security Act [ U.S.C.
] and section 3304(a)(4) of the Internal Revenue Code of 1986, amounts in the unemployment fund of a State may be used by a State to make payments (exclusive of expenses of administration) for self-employment allowances made under this section to an individual who is receiving them in lieu of regular unemployment compensation.
“(2) In any case in which a self-employment allowance is made under this section to an individual in lieu of extended unemployment compensation under the Federal-State Extended Unemployment Compensation Act of 1970 [, title II, set out below], payments made under this section for self-employment allowances shall be considered to be compensation described in section 204(a)(1) of such Act and paid under State law.
“(f) Limitation.—No funds made available to a State under title III of the Social Security Act [ U.S.C. et seq.] or any other Federal law may be used for the purpose of administering the program carried out by such State under this section.
“(g) Report to Congress.—(1) Not later than three years after the date of the enactment of this Act [Dec. 22, 1987], the Secretary shall submit an interim report to the Congress on the effectiveness of the demonstration program carried out under this section. Such report shall include—
“(A) information on the extent to which this section has been utilized;
“(B) an analysis of any barriers to such utilization; and
“(C) an analysis of the feasibility of extending the provisions of this section to individuals not covered by State unemployment compensation laws.
“(2) Not later than six years after the date of the enactment of this Act [Dec. 22, 1987], the Secretary shall submit a final report to the Congress on such program.
“(h) Fraud and Overpayments.—(1) 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 payment under this section to which he was not entitled, such individual shall be—
“(A) ineligible for further assistance under this section; and
“(B) subject to prosecution under section
of title
, United States Code.
“(2)(A) If any person received any payment under this section to which such person was not entitled, the State is authorized to require such person to repay such assistance; except that the State agency may waive such repayment if it determines that—
“(i) the providing of such assistance or making of such payment was without fault on the part of such person; and
“(ii) such repayment would be contrary to equity and good conscience.
“(B) No repayment shall be required under subparagraph (A) until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the person, and the determination has become final. Any determination under such subparagraph 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.
“(i) Definitions.—For purposes of this section—
“(1) the term ‘eligible individual’ means, with respect to any benefit year, an individual who—
“(A) is eligible to receive regular or extended compensation under the State law during such benefit year;
“(B) is likely to receive unemployment compensation for the maximum number of weeks that such compensation is made available under the State law during such benefit year;
“(C) submits an application to the State agency for a self-employment allowance under this section; and
“(D) meets applicable State requirements,
except that not more than (i) 3 percent of the number of individuals eligible to receive regular compensation in a State at the beginning of a fiscal year, or (ii) the number of persons who exhausted their unemployment compensation benefits in the fiscal year ending before such fiscal year, whichever is lesser, may be considered as eligible individuals for such State for purposes of this section during such fiscal year;
“(2) the term ‘self-employment allowance’ means compensation paid under this section for the purpose of assisting an eligible individual with such individual’s self-employment; and
“(3) the terms ‘compensation’, ‘extended compensation’, ‘regular compensation’, ‘benefit year’, ‘State’, and ‘State law’, have the respective meanings given to such terms by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 [, set out below].”
Supplemental Unemployment Compensation for Certain Individuals
Section 12402 of provided that:
“(a) In General.—If—
“(1) an individual was receiving Federal supplemental compensation for the week which includes March 31, 1985, or a series of consecutive weeks which began with such week, and
“(2) such individual did not meet the consecutive-week eligibility requirements of the Federal Supplemental Compensation Act of 1982 [subtitle A (§§ 601–606) of title VI of , set out below] during any period of 1 or more subsequent weeks by reason of performing temporary disaster services described in subsection (e),
weeks in such period shall be disregarded for purposes of the consecutive-week requirement of section 602(f)(2)(B) of such Act [section 602(f)(2)(B) of , set out below], and, notwithstanding the requirements of State law relating to the availability for work, the active search for work, or the refusal to accept work, such individual shall be entitled to payment of Federal supplemental compensation for each week of unemployment which is described in subsection (b) and for which a certification of unemployment is made by such individual in accordance with subsection (c).
“(b) Weeks for Which Payment Shall Be Made.—A week of unemployment for which payment shall be made under subsection (a) is a week which occurred during the period which commences with the first week beginning after the close of the period described in subsection (a)(2) and ends with the beginning of the first week in which the individual was employed after the close of such period.
“(c) Certification.—The certification of unemployment referred to in subsection (a) shall be a certification—
“(1) that is made on a form provided by the State agency concerned and signed by the individual; and
“(2) that identifies the weeks of unemployment for which the individual is making the certification.
“(d) Limitation on Amount of Payment.—In no case may the total amount paid to an individual under subsection (a) exceed the amount remaining in the account established for such individual under section 602(e) of the Federal Supplemental Compensation Act of 1982 [section 602(e) of , set out below] after payments were made from such account for weeks of unemployment beginning before the period described in subsection (a)(2).
“(e) Definition.—For purposes of subsection (a), the term ‘temporary disaster services’ means services performed as a member of the National Guard after being called up by the Governor of a State to perform services related to a major disaster that was declared on June 3, 1985, by the President of the United States under the Disaster Relief Act of 1974 [ U.S.C. et seq.].
“(f) Modification of Agreement.—(1) The Secretary of Labor shall, at the earliest possible date after the date of the enactment of this Act [Apr. 7, 1986], propose to any State concerned a modification of the agreement that the Secretary has with such State under section 602 of the Federal Supplemental Compensation Act of 1982 [section 602 of , set out below] in order to carry out this section.
“(2) Pending modification of the agreement, the State may make payment in accordance with the provisions of this section and shall be reimbursed in accordance with the provisions of section 604(a) of the Federal Supplemental Compensation Act of 1982 [section 604(a) of , set out below]. For purposes of carrying out this paragraph, the term ‘this subtitle’ in such section
604
(a) shall include this section.
“(g) Effective Date.—The provisions of this section shall apply to weeks beginning after March 31, 1985.”
Amortization Payments for States With Independent Retirement Plans From Funds for Increased Costs of Administration of Unemployment Compensation Laws; Changes in State Laws; Increased Claims; Salary Costs
, title I, § 100, Aug. 15, 1985, , provided that: “Whenever funds are made available, now or hereafter, in this or any other Act for the administration of unemployment compensation laws to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State’s basic allocation was based, which cannot be provided for by normal budgetary adjustment, amortization payments for States which had independent retirement plans prior to 1980 in their State employment Security Agencies and States agencies administering the State’s unemployment compensation law may be paid from such funds.”
Arrangements To Prevent Payments of Unemployment Compensation to Retirees and Prisoners
, title II, § 206, Oct. 24, 1983, , provided that:
“(a) The Secretary of Labor, the Director of the Office of Personnel Management, and the Attorney General are directed to enter into arrangements to make available to the States, computer or other data regarding current and retired Federal employees and Federal prisoners so that States may review the eligibility of these individuals for unemployment compensation, and take action where appropriate.
“(b) The Secretary of Labor shall report to the Congress, prior to January 31, 1984, on arrangements which have been entered into under subsection (a), and any arrangements which could be entered into with other appropriate State agencies, for the purpose of ensuring that unemployment compensation is not paid to retired individuals or prisoners in violation of law. The report shall include any recommendations for further legislation which might be necessary to aid in preventing such payments.”
Short-Time Compensation
Section
–(d) of provided that:
“(b) Assistance in Implementing Programs.—In order to assist States in establishing and implementing short-time compensation programs—
“(1) the Secretary of Labor (hereinafter in this section referred to as the ‘Secretary’) shall develop model legislative language which may be used by States in developing and enacting short-time compensation programs and shall propose such revisions of such legislative language as may be appropriate, and
“(2) the Secretary shall provide technical assistance and guidance in developing, enacting, and implementing such programs.
The initial model legislative language referred to in paragraph (1) shall be developed not later than January 1, 1993.
“(c) Reports.—
“(1) Initial report.—Not later than January 1, 1995, the Secretary shall submit to the Congress a report on the implementation of this section. Such report shall include an evaluation of short-time compensation programs and shall contain such recommendations as the Secretary may deem advisable.
“(2) Subsequent reports.—After the submission of the report under paragraph (1), the Secretary shall submit such additional reports on the implementation of short-time compensation programs as the Secretary deems appropriate.
“(d) Definitions.—For purposes of this section [amending this section, section
of this title, and section
of Title
, The Public Health and Welfare]—
“(1) Short-time compensation program.—The term ‘short-time compensation program’ means a program under which—
“(A) individuals whose workweeks have been reduced by at least 10 percent are eligible for unemployment compensation;
“(B) the amount of unemployment compensation payable to any such individual is a pro rata portion of the unemployment compensation which would be payable to the individual if the individual were totally unemployed;
“(C) eligible employees are not required to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but are required to be available for their normal workweek;
“(D) eligible employees may participate in an employer-sponsored training program to enhance job skills if such program has been approved by the State agency; and
“(E) there is a reduction in the number of hours worked by employees in lieu of imposing temporary layoffs.
“(2) State.—The term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.”
Section 194 of provided that:
“(a) It is the purpose of this section to assist States which provide partial unemployment benefits to individuals whose workweeks are reduced pursuant to an employer plan under which such reductions are made in lieu of temporary layoffs.
“(b)(1) The Secretary of Labor (hereinafter in this section referred to as the ‘Secretary’) shall develop model legislative language which may be used by States in developing and enacting short-time compensation programs, and shall provide technical assistance to States to assist in developing, enacting, and implementing such short-time compensation program.
“(2) The Secretary shall conduct a study or studies for purposes of evaluating the operation, costs, effect on the State insured rate of unemployment, and other effects of State short-time compensation programs developed pursuant to this section.
“(3) This section shall be a three-year experimental provision, and the provisions of this section regarding guidelines shall terminate 3 years following the date of the enactment of this Act [Sept. 3, 1982].
“(4) States are encouraged to experiment in carrying out the purpose and intent of this section. However, to assure minimum uniformity, States are encouraged to consider requiring the provisions contained in subsections (c) and (d).
“(c) For purposes of this section, the term ‘short-time compensation program’ means a program under which—
“(1) individuals whose workweeks have been reduced pursuant to a qualified employer plan by at least 10 per centum will be eligible for unemployment compensation;
“(2) the amount of unemployment compensation payable to any such individual shall be a pro rata portion of the unemployment compensation which would be payable to the individual if the individual were totally unemployed;
“(3) eligible employees may be eligible for short-time compensation or regular unemployment compensation, as needed; except that no employee shall be eligible for more than the maximum entitlement during any benefit year to which he or she would have been entitled for total unemployment, and no employee shall be eligible for short-time compensation for more than twenty-six weeks in any twelve-month period; and
“(4) eligible employees will not be expected to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but shall be available for their normal workweek.
“(d) For purposes of subsection (c), the term ‘qualified employer plan’ means a plan of an employer or of an employers’ association which association is party to a collective bargaining agreement (hereinafter referred to as ‘employers’ association’) under which there is a reduction in the number of hours worked by employees rather than temporary layoffs if—
“(1) the employer’s or employers’ association’s short-time compensation plan is approved by the State agency;
“(2) the employer or employers’ association certifies to the State agency that the aggregate reduction in work hours pursuant to such plan is in lieu of temporary layoffs which would have affected at least 10 per centum of the employees in the unit or units to which the plan would apply and which would have resulted in an equivalent reduction of work hours;
“(3) during the previous four months the work force in the affected unit or units has not been reduced by temporary layoffs of more than 10 per centum;
“(4) the employer continues to provide health benefits, and retirement benefits under defined benefit pension plans (as defined in section 3(35) of the employee Requirement Income Security Act of 1974 [ U.S.C.
], to employees whose workweek is reduced under such plan as though their workweek had not been reduced; and
“(5) in the case of employees represented by an exclusive bargaining representative, that representative has consented to the plan.
The State agency shall review at least annually any qualified employer plan put into effect to assure that it continues to meet the requirements of this subsection and of any applicable State law.
“(e) Short-time compensation shall be charged in a manner consistent with the State law.
“(f) For purposes of this section, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
“(g)(1) The Secretary shall conduct a study or studies of State short-time compensation programs consulting with employee and employer representatives in developing criteria and guidelines to measure the following factors:
“(A) the impact of the program upon the unemployment trust fund, and a comparison with the estimated impact on the fund of layoffs which would have occurred but for the existence of the program;
“(B) the extent to which the program has protected and preserved the jobs of workers, with special emphasis on newly hired employees, minorities, and women;
“(C) the extent to which layoffs occur in the unit subsequent to initiation of the program and the impact of the program upon the entitlement to unemployment compensation of the employees;
“(D) where feasible, the effect of varying methods of administration;
“(E) the effect of short-time compensation on employers’ State unemployment tax rates, including both users and nonusers of short-time compensation, on a State-by-State basis;
“(F) the effect of various State laws and practices under those laws on the retirement and health benefits of employees who are on short-time compensation programs;
“(G) a comparison of costs and benefits to employees, employers, and communities from use of short-time compensation and layoffs;
“(H) the cost of administration of the short-time compensation program; and
“(I) such other factors as may be appropriate.
“(2) Not later than October 1, 1985, the Secretary shall submit to the Congress and to the President a final report on the implementation of this section. Such report shall contain an evaluation of short-time compensation programs and shall contain such recommendations as the Secretary deems advisable, including recommendations as to necessary changes in the Statistical practices of the Department of Labor.”
Federal Supplemental Compensation Act of 1982
Subtitle A (§§ 601–606) of title VI of , as amended by , title V, § 544(a), (d), Jan. 6, 1983, ; , title III, § 310(a), Jan. 12, 1983, ; , title V, §§ 501,
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, Apr. 20, 1983