I 

112TH CONGRESS 

1ST SESSION H. R. 3346 

To amend title IV of the Supplemental Appropriations Act, 2008 to provide 

for the continuation of certain unemployment benefits, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2011 

Mr. DOGGETT (for himself, Mr. LEVIN, Mr. STARK, Mr. MCDERMOTT, Mr. 

LEWIS of Georgia, Mr. NEAL, Mr. BECERRA, Mr. BLUMENAUER, Mr. 

PASCRELL, Ms. BERKLEY, Mr. CROWLEY, Mr. RANGEL, Mr. DINGELL, 

Mr. GENE GREEN of Texas, Mr. REYES, Mr. PETERS, Mr. JOHNSON of 

Georgia, Mr. PAYNE, Ms. DELAURO, Ms. LEE of California, Mr. TOWNS, 

Ms. NORTON, Ms. WOOLSEY, Mr. KILDEE, Mr. MEEKS, Mr. GEORGE

MILLER of California, Mr. SERRANO, Ms. MOORE, Mr. NADLER, Mr. 

JACKSON of Illinois, Ms. BROWN of Florida, Mr. FRANK of Massachusetts, Mr. DEUTCH, Ms. SCHAKOWSKY, Mrs. MALONEY, Mr. COHEN, Ms. 

EDWARDS, Mr. HINOJOSA, Mr. HASTINGS of Florida, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. ANDREWS, Mr. CUMMINGS, Mr. AL GREEN

of Texas, Mr. WATT, Mr. BERMAN, Ms. JACKSON LEE of Texas, Mr. 

GONZALEZ, Ms. VELA ́ZQUEZ, Ms. SLAUGHTER, Mr. TIERNEY, Mr. DICKS, 

Mr. CARNAHAN, and Mr. CICILLINE) introduced the following bill; which 

was referred to the Committee on Ways and Means, and in addition to 

the Committee on Transportation and Infrastructure, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title IV of the Supplemental Appropriations Act, 

2008 to provide for the continuation of certain unemployment benefits, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Emergency Unemployment Compensation Extension Act 

6 of 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—EXTENSION OF UNEMPLOYMENT PROGRAMS 

Sec. 101. Temporary extension of unemployment insurance provisions. 

Sec. 102. Modification of indicators under the extended benefit program. 

Sec. 103. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. 

TITLE II—STATE AND EMPLOYER ASSISTANCE 

Sec. 201. Extension of temporary assistance for States with advances. 

Sec. 202. FUTA credit reductions for 2011 contingent on voluntary agreements. 

Sec. 203. Assistance contingent on voluntary agreements. 

Sec. 204. Solvency bonus. 

9 TITLE I—EXTENSION OF 

10 UNEMPLOYMENT PROGRAMS 

11 SEC. 101. TEMPORARY EXTENSION OF UNEMPLOYMENT IN12 SURANCE PROVISIONS. 

13 (a) IN GENERAL.—(1) Section 4007 of the Supple14 mental Appropriations Act, 2008 (Public Law 110–252; 

15 26 U.S.C. 3304 note) is amended— 

16 (A) by striking ‘‘January 3, 2012’’ each place 

17 it appears and inserting ‘‘January 3, 2013’’; 


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1 (B) in the heading for subsection (b)(2), by 

2 striking ‘‘JANUARY 3, 2012’’ and inserting ‘‘JANUARY

3 3, 2013’’; and 

4 (C) in subsection (b)(3), by striking ‘‘June 9, 

5 2012’’ and inserting ‘‘June 8, 2013’’. 

6 (2) Section 2005 of the Assistance for Unemployed 

7 Workers and Struggling Families Act, as contained in 

8 Public Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), 

9 is amended— 

10 (A) by striking ‘‘January 4, 2012’’ each place 

11 it appears and inserting ‘‘January 4, 2013’’; and 

12 (B) in subsection (c), by striking ‘‘June 11, 

13 2012’’ and inserting ‘‘June 11, 2013’’. 

14 (3) Section 5 of the Unemployment Compensation 

15 Extension Act of 2008 (Public Law 110–449; 26 U.S.C. 

16 3304 note) is amended by striking ‘‘June 10, 2012’’ and 

17 inserting ‘‘June 10, 2013’’. 

18 (b) FUNDING.—Section 4004(e)(1) of the Supple19 mental Appropriations Act, 2008 (Public Law 110–252; 

20 26 U.S.C. 3304 note) is amended— 

21 (1) in subparagraph (F), by striking ‘‘and’’ at 

22 the end; and 

23 (2) by inserting after subparagraph (G) the fol24 lowing: 


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1 ‘‘(H) the amendments made by section 

2 101(a)(1) of the Emergency Unemployment 

3 Compensation Extension Act of 2011; and’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect as if included in the enact6 ment of the Tax Relief, Unemployment Insurance Reau7 thorization, and Job Creation Act of 2010 (Public Law 

8 111–312). 

9 SEC. 102. MODIFICATION OF INDICATORS UNDER THE EX10 TENDED BENEFIT PROGRAM. 

11 (a) EXTENSION.—Section 203 of the Federal-State 

12 Extended Unemployment Compensation Act of 1970 (26 

13 U.S.C. 3304 note) is amended— 

14 (1) in subsection (d), by striking ‘‘December 

15 31, 2011’’ and inserting ‘‘December 31, 2012’’; and 

16 (2) in subsection (f)(2), by striking ‘‘December 

17 31, 2011’’ and inserting ‘‘December 31, 2012’’. 

18 (b) INDICATOR.—Section 203(d) of the Federal-State 

19 Extended Unemployment Compensation Act of 1970 (26 

20 U.S.C. 3304 note) is amended by adding at the end the 

21 following: ‘‘Effective with respect to compensation for 

22 weeks of unemployment beginning on or after January 1, 

23 2012 (or, if later, the date established pursuant to State 

24 law) and ending on or before December 31, 2012, the 

25 State may by statute, regulation, or other issuance having 


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1 the force and effect of law provide that the determination 

2 of whether there has been a State ‘on’ or ‘off’ indicator 

3 beginning or ending any extended benefit period shall be 

4 made under this subsection, disregarding subparagraph 

5 (A) of paragraph (1) and disregarding ‘either subpara6 graph (A) or’ in paragraph (2).’’. 

7 (c) ALTERNATIVE TRIGGER.—Section 203(f) of the 

8 Federal-State Extended Unemployment Compensation Act 

9 of 1970 (26 U.S.C. 3304 note) is amended— 

10 (1) by redesignating paragraph (3) as para11 graph (4); and 

12 (2) by inserting after paragraph (2) the fol13 lowing: 

14 ‘‘(3) Effective with respect to compensation for weeks 

15 of unemployment beginning on or after January 1, 2012 

16 (or, if later, the date established pursuant to State law) 

17 and ending on or before December 31, 2012, the State 

18 may by statute, regulation, or other issuance with the 

19 force and effect of law provide that the determination of 

20 whether there has been a State ‘on’ or ‘off’ indicator be21 ginning or ending any extended benefit period shall be 

22 made under this subsection, disregarding clause (ii) of 

23 paragraph (1)(A) and as if paragraph (1)(B) had been 

24 amended by striking ‘either the requirements of clause (i) 

25 or (ii)’ and inserting ‘the requirements of clause (i)’.’’. 


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1 SEC. 103. ADDITIONAL EXTENDED UNEMPLOYMENT BENE2 FITS UNDER THE RAILROAD UNEMPLOY3 MENT INSURANCE ACT. 

4 (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Rail5 road Unemployment Insurance Act, as added by section 

6 2006 of the American Recovery and Reinvestment Act of 

7 2009 (Public Law 111–5) and as amended by section 9 

8 of the Worker, Homeownership, and Business Assistance 

9 Act of 2009 (Public Law 111–92) and section 505 of the 

10 Tax Relief, Unemployment Insurance Reauthorization, 

11 and Job Creation Act of 2010 (Public Law 111–312), is 

12 amended— 

13 (1) by striking ‘‘June 30, 2011’’ and inserting 

14 ‘‘June 30, 2012’’; and 

15 (2) by striking ‘‘December 31, 2011’’ and in16 serting ‘‘December 31, 2012’’. 

17 (b) CLARIFICATION ON AUTHORITY TO USE

18 FUNDS.—Funds appropriated under either the first or 

19 second sentence of clause (iv) of section 2(c)(2)(D) of the 

20 Railroad Unemployment Insurance Act shall be available 

21 to cover the cost of additional extended unemployment 

22 benefits provided under such section 2(c)(2)(D) by reason 

23 of the amendments made by subsection (a) as well as to 

24 cover the cost of such benefits provided under such section 

25 2(c)(2)(D), as in effect on the day before the date of the 

26 enactment of this Act. 


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1 TITLE II—STATE AND EMPLOYER 

2 ASSISTANCE 

3 SEC. 201. EXTENSION OF TEMPORARY ASSISTANCE FOR 

4 STATES WITH ADVANCES. 

5 Section 1202(b)(10)(A) of the Social Security Act 

6 (42 U.S.C. 1322(b)(10)(A)) is amended, in the matter be7 fore clause (i), by striking ‘‘2010—’’ and inserting ‘‘2010 

8 and the 12-month period beginning on October 1, 2011— 

9 ’’. 

10 SEC. 202. FUTA CREDIT REDUCTIONS FOR 2011 CONTIN11 GENT ON VOLUNTARY AGREEMENTS. 

12 (a) IN GENERAL.—Section 3302(c) of the Internal 

13 Revenue Code of 1986 is amended— 

14 (1) by redesignating paragraph (3) as para15 graph (4), and 

16 (2) by inserting after paragraph (2) the fol17 lowing new paragraph: 

18 ‘‘(3)(A) If a State has entered into a voluntary 

19 agreement under section 203 of the Emergency Un20 employment Compensation Extension Act of 2011, 

21 the provisions of paragraph (2) shall be applied with 

22 respect to the taxable year beginning January 1, 

23 2011, or any succeeding taxable year, by deeming 

24 January 1, 2012, to be the first January 1 occurring 

25 after January 1, 2010. For purposes of paragraph 


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1 (2), consecutive taxable years in the period com2 mencing January 1, 2012, shall be determined as if 

3 the taxable year which begins on January 1, 2012, 

4 were the taxable year immediately succeeding the 

5 taxable year which began on January 1, 2010. No 

6 taxpayer shall be subject to credit reductions under 

7 this paragraph for the taxable year beginning Janu8 ary 1, 2011. 

9 ‘‘(B) If the voluntary agreement specified in 

10 subparagraph (A) is terminated under section 

11 203(e) of the Emergency Unemployment Compensa12 tion Extension Act of 2011, subparagraph (A) shall 

13 not be effective for any taxable year.’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 subsection (a) shall apply to taxable years beginning after 

16 December 31, 2010. 

17 SEC. 203. ASSISTANCE CONTINGENT ON VOLUNTARY 

18 AGREEMENTS. 

19 (a) IN GENERAL.—The amendment made by section 

20 201 shall not apply with respect to any State with which 

21 the Secretary of Labor has not entered into a voluntary 

22 agreement under this section. 

23 (b) APPLICATION.—Any State that has 1 or more 

24 outstanding repayable advances from the Federal unem25 ployment account under section 1201 of the Social SecuVerDate Mar 15 2010 22:57 Nov 08, 2011 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3346.IH H3346

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1 rity Act (42 U.S.C. 1321) may apply to the Secretary of 

2 Labor to enter into a voluntary agreement under this sec3 tion. 

4 (c) REQUIREMENTS.—An application described in 

5 subsection (b) shall be submitted within such time, and 

6 in such form and manner, as the Secretary of Labor may 

7 require, except that any such application shall include cer8 tification by the State that during the period of the agree9 ment— 

10 (1) the method governing the computation of 

11 regular compensation under the State law of the 

12 State will not be modified in a manner such that the 

13 average weekly benefit amount of regular compensa14 tion which will be payable during the period of the 

15 agreement will be less than the average weekly ben16 efit amount of regular compensation which would 

17 have otherwise been payable under the State law as 

18 in effect on the date of the enactment of this sub19 section; 

20 (2) the State law of the State will not be modi21 fied in a manner such that any unemployed indi22 vidual who would be eligible for regular compensa23 tion under the State law in effect on such date of 

24 enactment would be ineligible for regular compensa25 tion during the period of the agreement or would be 


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1 subject to any disqualification during the period of 

2 the agreement that the individual would not have 

3 been subject to under the State law in effect on such 

4 date of enactment; and 

5 (3) the State law of the State will not be modi6 fied in a manner such that the maximum amount of 

7 regular compensation that any unemployed indi8 vidual would be eligible to receive in a benefit year 

9 during the period of the agreement will be less than 

10 the maximum amount of regular compensation that 

11 the individual would have been eligible to receive 

12 during a benefit year under the State law in effect 

13 on such date of enactment. 

14 (d) DECISION.—The Secretary of Labor shall review 

15 any application received from a State to enter into a vol16 untary agreement under this section and, within 30 days 

17 after the date of receipt, approve or disapprove the appli18 cation and notify the Governor of the State of the Sec19 retary’s decision, including— 

20 (1) if approved, the effective date of the agree21 ment; and 

22 (2) if disapproved, the reasons why it was dis23 approved. 

24 (e) TERMINATION.— 


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1 (1) IN GENERAL.—If, after reasonable notice 

2 and opportunity for a hearing, the Secretary of 

3 Labor finds that a State with which the Secretary 

4 has entered into an agreement under this section 

5 has modified State law so that it no longer contains 

6 the provisions specified in paragraph (1), (2), or (3) 

7 of subsection (c) or has failed to comply substan8 tially with any of those provisions, the agreement 

9 shall be terminated, effective as of such date as the 

10 Secretary shall determine, but in no event later than 

11 December 31, 2012. 

12 (2) EFFECT WITH RESPECT TO REPAYABLE AD13 VANCES.—If an agreement under this section with a 

14 State is terminated, then, effective as of the termi15 nation date of such agreement, paragraph (10) of 

16 section 1202(b) of the Social Security Act shall, for 

17 purposes of such State, be applied as if subpara18 graph (A) of such paragraph had been amended by 

19 striking the date specified in such subparagraph (in 

20 the matter before clause (i) thereof) and inserting 

21 the termination date of such agreement. 

22 (f) REGULATIONS.—Any regulations or guidance nec23 essary to carry out this title or any of the amendments 

24 made by this title may be prescribed by— 


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1 (1) to the extent that they relate to section 201, 

2 the Secretary of Labor; and 

3 (2) to the extent that they relate to section 202, 

4 the Secretary of the Treasury. 

5 (g) DEFINITIONS.—For purposes of this section, the 

6 terms ‘‘State’’, ‘‘State law’’, ‘‘regular compensation’’, and 

7 ‘‘benefit year’’ have the respective meanings given such 

8 terms under section 205 of the Federal-State Extended 

9 Unemployment Compensation Act of 1970 (26 U.S.C. 

10 3304 note). 

11 SEC. 204. SOLVENCY BONUS. 

12 Section 904 of the Social Security Act (42 U.S.C. 

13 1104) is amended by adding at the end the following: 

14 ‘‘Solvency Bonus 

15 ‘‘(h)(1) Notwithstanding any other provision of this 

16 section, the amount which is credited under subsection (e) 

17 to the book account of the State agency of a solvent State 

18 shall, for each quarter to which this subsection applies, 

19 be equal to the amount which would be determined under 

20 this section, for such State agency and for such quarter, 

21 if the 5th sentence of subsection (b) were applied by 

22 using— 

23 ‘‘(A) the average rate of interest which (but for 

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1 mined under subsection (b) for purposes of such 

2 quarter; plus 

3 ‘‘(B) an additional 2 percentage points. 

4 ‘‘(2) For purposes of this subsection, a State shall 

5 be considered to be a ‘solvent State’ if the outstanding 

6 balance for such State of advances under title XII is equal 

7 to zero. A determination as to whether or not a State is 

8 a solvent State shall be made by the Secretary of Labor— 

9 ‘‘(A) for each State; 

10 ‘‘(B) for each quarter to which this subsection 

11 applies; and 

12 ‘‘(C) based on such date or period (before the 

13 1st day of such quarter), and otherwise in such 

14 manner, as the Secretary of Labor shall determine 

15 in consultation with the Secretary of the Treasury. 

16 ‘‘(3) This subsection applies to each quarter in cal17 endar year 2012. 

18 ‘‘(4) Nothing in this subsection shall have the effect 

19 of causing the amount which is credited under subsection 

20 (e) to any account in the Fund for any quarter to be less 

21 than the amount which (disregarding this subsection) 

22 would otherwise have been so credited to such account for 

23 such quarter.’’. 

Æ 


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