In the Senate of the United States,
February 6, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 622) entitled ‘‘An Act to amend the Internal Rev-
enue Code of 1986 to expand the adoption credit, and for
other purposes.’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Temporary Extended Unemployment Compensation Act of
2002’’.
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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), an individual’s weekly benefit amount
for any week is an amount equal to the amount of
regular compensation (including dependents’ allow-
ances) 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
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relating to fraud in connection with a claim for un-
employment compensation; and
(2) shall be subject to prosecution under section
1001 of title 18, United States Code.
(b) REPAYMENT.—In the case of individuals who have
received any temporary extended unemployment compensa-
tion under this Act to which such individuals were not enti-
tled, the State shall require such individuals to repay those
benefits to the State agency, except that the State agency
may waive such repayment if it determines that—
(1) the payment of such benefits 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 de-
ductions from any regular compensation or tem-
porary extended unemployment compensation payable
to such individual under this Act or from any unem-
ployment 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 allow-
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ance with respect to any week of unemployment, dur-
ing the 3-year period after the date such individuals
received the payment of the temporary extended un-
employment compensation to which such individuals
were not entitled, except that no single deduction may
exceed 50 percent of the weekly benefit amount from
which such deduction is made.
(2) OPPORTUNITY FOR HEARING.—No repayment
shall be required, and no deduction shall be made,
until a determination has been made, notice thereof
and an opportunity for a fair hearing has been given
to the individual, and the determination has become
final.
(d) REVIEW.—Any determination by a State agency
under this section shall be subject to review in the same
manner and to the same extent as determinations under
the State unemployment compensation law, and only in
that manner and to that extent.
SEC. 7. DEFINITIONS.
In this Act, the terms ‘‘compensation’’, ‘‘regular com-
pensation’’, ‘‘extended compensation’’, ‘‘additional com-
pensation’’, ‘‘benefit year’’, ‘‘base period’’, ‘‘State’’, ‘‘State
agency’’, ‘‘State law’’, and ‘‘week’’ have the respective mean-
ings given such terms under section 205 of the Federal-State
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Extended Unemployment Compensation Act of 1970 (26
U.S.C. 3304 note).
SEC. 8. APPLICABILITY.
An agreement entered into under this Act shall apply
to weeks of unemployment—
(1) beginning after the date on which such agree-
ment is entered into; and
(2) ending before January 6, 2003.
Amend the title so as to read: ‘‘An Act to provide
for temporary unemployment compensation.’’.
Attest:
Secretary.
107TH CONGRESS 2D SESSION H. R. 6 2 2 AMENDMENTS