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(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Federal-State agreements.
Sec. 3. Temporary extended unemployment compensation account.
Sec. 4. Payments to States having agreements under this Act.
Sec. 5. Financing provisions.
Sec. 6. Fraud and overpayments.
Sec. 7. Definitions.
Sec. 8. Applicability.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) IN GENERAL.—Any State which desires to do so
may enter into and participate in an agreement under this
Act with the Secretary of Labor (in this Act referred to as
the ‘‘Secretary’’). Any State which is a party to an agree-
ment 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 temporary extended unem-
ployment compensation to individuals—
(1) who—
(A) first exhausted all rights to regular
compensation under the State law on or after the
first day of the week that includes September 11,
2001; or
(B) have their 26th week of regular com-
pensation under the State law end on or after
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the first day of the week that includes September
11, 2001;
(2) who do not have any rights to regular com-
pensation under the State law of any other State; and
(3) who are not receiving compensation under
the unemployment compensation law of any other
country.
(c) COORDINATION RULES.—
(1) TEMPORARY
EXTENDED
UNEMPLOYMENT
COMPENSATION
TO
SERVE
AS
SECOND-TIER
BENE-
FITS.—Notwithstanding any other provision of law,
neither regular compensation, extended compensation,
nor additional compensation under any Federal or
State law shall be payable to any individual for any
week for which temporary extended unemployment
compensation is payable to such individual.
(2) TREATMENT OF OTHER UNEMPLOYMENT COM-
PENSATION.—After the date on which a State enters
into an agreement under this Act, any regular com-
pensation in excess of 26 weeks, any extended com-
pensation, and any additional compensation under
any Federal or State law shall be payable to an indi-
vidual in accordance with the State law after such in-
dividual has exhausted any rights to temporary ex-
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tended unemployment compensation under the agree-
ment.
(d) EXHAUSTION OF BENEFITS.—For purposes of sub-
section (b)(1)(A), an individual shall be deemed to have ex-
hausted 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 the individual has re-
ceived all regular compensation available to the indi-
vidual based on employment or wages during the in-
dividual’s base period; or
(2) the individual’s rights to such compensation
have been terminated by reason of the expiration of
the benefit year with respect to which such rights ex-
isted.
(e) WEEKLY BENEFIT AMOUNT, TERMS AND CONDI-
TIONS, ETC. RELATING TO TEMPORARY EXTENDED UNEM-
PLOYMENT COMPENSATION.—For purposes of any agree-
ment under this Act—
(1) the amount of temporary extended unemploy-
ment compensation which shall be payable to an indi-
vidual for any week of total unemployment shall be
equal to the amount of regular compensation (includ-
ing dependents’ allowances) payable to such indi-
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vidual under the State law for a week for total unem-
ployment during such individual’s benefit year;
(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 tem-
porary extended unemployment compensation and the
payment thereof, except where inconsistent with the
provisions of this Act or with the regulations or oper-
ating instructions of the Secretary promulgated to
carry out this Act; and
(3) the maximum amount of temporary extended
unemployment compensation payable to any indi-
vidual for whom a temporary extended unemployment
compensation account is established under section 3
shall not exceed the amount established in such ac-
count for such individual.
SEC. 3. TEMPORARY EXTENDED UNEMPLOYMENT COM-
PENSATION ACCOUNT.
(a) IN GENERAL.—Any agreement under this Act shall
provide that the State will establish, for each eligible indi-
vidual who files an application for temporary extended un-
employment compensation, a temporary extended unem-
ployment compensation account.
(b) AMOUNT IN ACCOUNT.—
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(1) IN GENERAL.—The amount established in an
account under subsection (a) shall be equal to 13
times the individual’s weekly benefit amount.
(2) WEEKLY BENEFIT AMOUNT.—For purposes of
paragraph (1)(B), an individual’s weekly benefit
amount for any week is an amount equal to the
amount of regular compensation (including depend-
ents’ allowances) under the State law payable to the
individual for such week for total unemployment.
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS
UNDER THIS ACT.
(a) GENERAL RULE.—There shall be paid to each
State that has entered into an agreement under this Act
an amount equal to 100 percent of the temporary extended
unemployment compensation paid to individuals by the
State pursuant to such agreement.
(b) DETERMINATION OF AMOUNT.—Sums under sub-
section (a) 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 deter-
mined 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
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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.
(c) ADMINISTRATIVE EXPENSES.—There are appro-
priated out of the employment security administration ac-
count (as established by section 901(a) of the Social Secu-
rity Act (42 U.S.C. 1101(a)) of the Unemployment Trust
Fund, without fiscal year limitation, such funds as may
be necessary for purposes of assisting States (as provided
in title III of the Social Security Act (42 U.S.C. 501 et
seq.)) in meeting the costs of administration of agreements
under this Act.
SEC. 5. FINANCING PROVISIONS.
(a) IN GENERAL.—Funds in the extended unemploy-
ment compensation account (as established by section
905(a) of the Social Security Act (42 U.S.C. 1105(a))), and
the Federal unemployment account (as established by sec-
tion 904(g) of such Act (42 U.S.C. 1104(g))), of the Unem-
ployment Trust Fund (as established by section 904(a) of
such Act (42 U.S.C. 1104(a))) shall be used, in accordance
with subsection (b), for the making of payments (described
in section 4(a)) to States having agreements entered into
under this Act.
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(b) CERTIFICATION.—The Secretary shall from time to
time certify to the Secretary of the Treasury for payment
to each State the sums described in section 4(a) which are
payable to such State under this Act. The Secretary of the
Treasury, prior to audit or settlement by the General Ac-
counting Office, shall make payments to the State in ac-
cordance with such certification by transfers from the ex-
tended unemployment compensation account, as so estab-
lished (or, to the extent that there are insufficient funds in
that account, from the Federal unemployment account, as
so established) to the account of such State in the Unem-
ployment Trust Fund (as so established).
SEC. 6. FRAUD AND OVERPAYMENTS.
(a) IN GENERAL.—If an individual knowingly has
made, or caused to be made by another, a false statement
or representation of a material fact, or knowingly has
failed, or caused another to fail, to disclose a material fact,
and as a result of such false statement or representation
or of such nondisclosure such individual has received any
temporary extended unemployment compensation under
this Act to which such individual was not entitled, such
individual—
(1) shall be ineligible for any further benefits
under this Act in accordance with the provisions of
the applicable State unemployment compensation law