§ 3304. — Approval of State laws.
[Laws in effect as of January 7, 2003]
[Document affected by Public Law ]
[Document affected by Public Law ]
[Document affected by Public Law ]
[Document affected by Public Law ]
[Document affected by Public Law ]
[CITE: 26USC3304]
TITLE 26--INTERNAL REVENUE CODE
Subtitle C--Employment Taxes
CHAPTER 23--FEDERAL UNEMPLOYMENT TAX ACT
Sec. 3304. Approval of State laws
(a) Requirements
The Secretary of Labor shall approve any State law submitted to him,
within 30 days of such submission, which he finds provides that--
(1) all compensation is to be paid through public employment
offices or such other agencies as the Secretary of Labor may
approve;
(2) no compensation shall be payable with respect to any day of
unemployment occurring within 2 years after the first day of the
first period with respect to which contributions are required;
(3) all money received in the unemployment fund shall (except
for refunds of sums erroneously paid into such fund and except for
refunds paid in accordance with the provisions of section 3305(b))
immediately upon such receipt be paid over to the Secretary of the
Treasury to the credit of the Unemployment Trust Fund established by
section 904 of the Social Security Act (42 U.S.C. 1104);
(4) all money withdrawn from the unemployment fund of the State
shall be used solely in the payment of unemployment compensation,
exclusive of expenses of administration, and for refunds of sums
erroneously paid into such fund and refunds paid in accordance with
the provisions of section 3305(b); except that--
(A) an amount equal to the amount of employee payments into
the unemployment fund of a State may be used in the payment of
cash benefits to individuals with respect to their disability,
exclusive of expenses of administration;
(B) the amounts specified by section 903 (c)(2) or 903(d)(4)
of the Social Security Act may, subject to the conditions
prescribed in such section, be used for expenses incurred by the
State for administration of its unemployment compensation law
and public employment offices;
(C) nothing in this paragraph shall be construed to prohibit
deducting an amount from unemployment compensation otherwise
payable to an individual and using the amount so deducted to pay
for health insurance, or the withholding of Federal, State, or
local individual income tax, if the individual elected to have
such deduction made and such deduction was made under a program
approved by the Secretary of Labor;
(D) amounts may be deducted from unemployment benefits and
used to repay overpayments as provided in section 303(g) of the
Social Security Act;
(E) amounts may be withdrawn for the payment of short-time
compensation under a plan approved by the Secretary of Labor;
and
(F) amounts may be withdrawn for the payment of allowances
under a self-employment assistance program (as defined in
section 3306(t));
(5) compensation shall not be denied in such State to any
otherwise eligible individual for refusing to accept new work under
any of the following conditions:
(A) if the position offered is vacant due directly to a
strike, lockout, or other labor dispute;
(B) if the wages, hours, or other conditions of the work
offered are substantially less favorable to the individual than
those prevailing for similar work in the locality;
(C) if as a condition of being employed the individual would
be required to join a company union or to resign from or refrain
from joining any bona fide labor organization;
(6)(A) compensation is payable on the basis of service to which
section 3309(a)(1) applies, in the same amount, on the same terms,
and subject to the same conditions as compensation payable on the
basis of other service subject to such law; except that--
(i) with respect to services in an instructional, research,
or principal administrative capacity for an educational
institution to which section 3309(a)(1) applies, compensation
shall not be payable based on such services for any week
commencing during the period between two successive academic
years or terms (or, when an agreement provides instead for a
similar period between two regular but not successive terms,
during such period) to any individual 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,
(ii) with respect to services in any other capacity for an
educational institution to which section 3309(a)(1) applies--
(I) compensation payable on the basis of such services
may be denied to any individual for any week which commences
during a period between 2 successive academic years or terms
if such individual performs such services in the first of
such academic years or terms and there is a reasonable
assurance that such individual will perform such services in
the second of such academic years or terms, except that
(II) if compensation is denied to any individual for any
week under subclause (I) and such individual was not offered
an opportunity to perform such services for the educational
institution for the second of such academic years or terms,
such individual shall be entitled to a retroactive payment
of the compensation for each week for which the individual
filed a timely claim for compensation and for which
compensation was denied solely by reason of subclause (I),
(iii) with respect to any services described in clause (i)
or (ii), compensation payable on the basis of such services
shall be denied to any individual for any week which commences
during an established and customary vacation period or holiday
recess if such individual performs such services in the period
immediately before such vacation period or holiday recess, and
there is a reasonable assurance that such individual will
perform such services in the period immediately following such
vacation period or holiday recess,
(iv) with respect to any services described in clause (i) or
(ii), compensation payable on the basis of services in any such
capacity shall be denied as specified in clauses (i), (ii), and
(iii) to any individual who performed such services in an
educational institution while in the employ of an educational
service agency, and for this purpose the term ``educational
service agency'' means a governmental agency or governmental
entity which is established and operated exclusively for the
purpose of providing such services to one or more educational
institutions,
(v) with respect to services to which section 3309(a)(1)
applies, if such services are provided to or on behalf of an
educational institution, compensation may be denied under the
same circumstances as described in clauses (i) through (iv), and
(vi) with respect to services described in clause (ii),
clauses (iii) and (iv) shall be applied by substituting ``may be
denied'' for ``shall be denied'', and
(B) payments (in lieu of contributions) with respect to service
to which section 3309(a)(1) applies may be made into the State
unemployment fund on the basis set forth in section 3309(a)(2);
(7) an individual who has received compensation during his
benefit year is required to have had work since the beginning of
such year in order to qualify for compensation in his next benefit
year;
(8) compensation shall not be denied to an individual for any
week because he is in training with the approval of the State agency
(or because of the application, to any such week in training, of
State law provisions relating to availability for work, active
search for work, or refusal to accept work);
(9)(A) compensation shall not be denied or reduced to an
individual solely because he files a claim in another State (or a
contiguous country with which the United States has an agreement
with respect to unemployment compensation) or because he resides in
another State (or such a contiguous country) at the time he files a
claim for unemployment compensation;
(B) the State shall participate in any arrangements for the
payment of compensation on the basis of combining an individual's
wages and employment covered under the State law with his wages and
employment covered under the unemployment compensation law of other
States which are approved by the Secretary of Labor in consultation
with the State unemployment compensation agencies as reasonably
calculated to assure the prompt and full payment of compensation in
such situations. Any such arrangement shall include provisions for
(i) applying the base period of a single State law to a claim
involving the combining of an individual's wages and employment
covered under two or more State laws, and (ii) avoiding duplicate
use of wages and employment by reason of such combining;
(10) compensation shall not be denied to any individual by
reason of cancellation of wage credits or total reduction of his
benefit rights for any cause other than discharge for misconduct
connected with his work, fraud in connection with a claim for
compensation, or receipt of disqualifying income;
(11) extended compensation shall be payable as provided by the
Federal-State Extended Unemployment Compensation Act of 1970;
(12) no person shall be denied compensation under such State law
solely on the basis of pregnancy or termination of pregnancy;
(13) compensation shall not be payable to any individual on the
basis of any services, substantially all of which consist of
participating in sports or athletic events or training or preparing
to so participate, for any week which commences during the period
between two successive sport seasons (or similar periods) if such
individual performed such services in the first of such seasons (or
similar periods) and there is a reasonable assurance that such
individual will perform such services in the later of such seasons
(or similar periods);
(14)(A) compensation shall not be payable on the basis of
services performed by an alien unless such alien is an individual
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 lawfully present in the United States as
a result of the application of the provisions of section 212(d)(5)
of the Immigration and Nationality Act),
(B) any data or information required of individuals applying for
compensation to determine whether compensation is not payable to
them because of their alien status shall be uniformly required from
all applicants for compensation, and
(C) in the case of an individual whose application for
compensation would otherwise be approved, no determination by the
State agency that compensation to such individual is not payable
because of his alien status shall be made except upon a
preponderance of the evidence;
(15) the amount of compensation payable to an individual for any
week which begins after March 31, 1980, and which begins in a period
with respect to which such individual is receiving a governmental or
other pension, retirement or retired pay, annuity, or any other
similar periodic payment which is based on the previous work of such
individual shall be reduced (but not below zero) by an amount equal
to the amount of such pension, retirement or retired pay, annuity,
or other payment, which is reasonably attributable to such week
except that--
(A) the requirements of this paragraph shall apply to any
pension, retirement or retired pay, annuity, or other similar
periodic payment only if--
(i) such pension, retirement or retired pay, annuity, or
similar payment is under a plan maintained (or contributed
to) by a base period employer or chargeable employer (as
determined under applicable law), and
(ii) in the case of such a payment not made under the
Social Security Act or the Railroad Retirement Act of 1974
(or the corresponding provisions of prior law), services
performed for such employer by the individual after the
beginning of the base period (or remuneration for such
services) affect eligibility for, or increase the amount of,
such pension, retirement or retired pay, annuity, or similar
payment, and
(B) the State law may provide for limitations on the amount
of any such a reduction to take into account contributions made
by the individual for the pension, retirement or retired pay,
annuity, or other similar periodic payment;
(16)(A) wage information contained in the records of the agency
administering the State law which is necessary (as determined by the
Secretary of Health and Human Services in regulations) for purposes
of determining an individual's eligibility for assistance, or the
amount of such assistance, under a State program funded under part A
of title IV of the Social Security Act, shall be made available to a
State or political subdivision thereof when such information is
specifically requested by such State or political subdivision for
such purposes,
(B) wage and unemployment compensation information contained in
the records of such agency shall be furnished to the Secretary of
Health and Human Services (in accordance with regulations
promulgated by such Secretary) as necessary for the purposes of the
National Directory of New Hires established under section 453(i) of
the Social Security Act, and
(C) such safeguards are established as are necessary (as
determined by the Secretary of Health and Human Services in
regulations) to insure that information furnished under subparagraph
(A) or (B) is used only for the purposes authorized under such
subparagraph;
(17) any interest required to be paid on advances under title
XII of the Social Security Act shall be paid in a timely manner and
shall not be paid, directly or indirectly (by an equivalent
reduction in State unemployment taxes or otherwise) by such State
from amounts in such State's unemployment fund;
(18) Federal individual income tax from unemployment
compensation is to be deducted and withheld if an individual
receiving such compensation voluntarily requests such deduction and
withholding; and
(19) all the rights, privileges, or immunities conferred by such
law or by acts done pursuant thereto shall exist subject to the
power of the legislature to amend or repeal such law at any time.
(b) Notification
The Secretary of Labor shall, upon approving such law, notify the
governor of the State of his approval.
(c) Certification
On October 31 of each taxable year the Secretary of Labor shall
certify to the Secretary of the Treasury each State whose law he has
previously approved, except that he shall not certify any State which,
after reasonable notice and opportunity for hearing to the State agency,
the Secretary of Labor finds has amended its law so that it no longer
contains the provisions specified in subsection (a) or has with respect
to the 12-month period ending on such October 31 failed to comply
substantially with any such provision in such subsection. No finding of
a failure to comply substantially with any provision in paragraph (5) of
subsection (a) shall be based on an application or interpretation of
State law (1) until all administrative review provided for under the
laws of the State has been exhausted, or (2) with respect to which the
time for judicial review provided by the laws of the State has not
expired, or (3) with respect to which any judicial review is pending. On
October 31 of any taxable year, the Secretary of Labor shall not certify
any State which, after reasonable notice and opportunity for 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 law to be
included therein (including provisions relating to the Federal-State
Extended Unemployment Compensation Act of 1970 (or any amendments
thereto) as required under subsection (a)(11)), or has, with respect to
the twelve-month period ending on such October 31, failed to comply
substantially with any such provision.
(d) Notice of noncertification
If at any time the Secretary of Labor has reason to believe that a
State whose law he has previously approved may not be certified under
subsection (c), he shall promptly so notify the governor of such State.
(e) Change of law during 12-month period
Whenever--
(1) any provision of this section, section 3302, or section 3303
refers to a 12-month period ending on October 31 of a year, and
(2) the law applicable to one portion of such period differs
from the law applicable to another portion of such period,
then such provision shall be applied by taking into account for each
such portion the law applicable to such portion.
(f) Definition of institution of higher education
For purposes of subsection (a)(6), the term ``institution of higher
education'' means an educational institution in any State which--
(1) admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such a certificate;
(2) is legally authorized within such State to provide a program
of education beyond high school;
(3) provides an educational program for it which awards a
bachelor's or higher degree, or provides a program which is
acceptable for full credit toward such a degree, or offers a program
of training to prepare students for gainful employment in a
recognized occupation; and
(4) is a public or other nonprofit institution.
(Aug. 16, 1954, ch. 736, 68A Stat. 443; Pub. L. 91-373, title I,
Secs. 104(a), 108(a), 121(a), 131(b)(2), 142(f)-(h), title II, Sec. 206,
Aug. 10, 1970, 84 Stat. 697, 701, 704, 707, 708, 712; Pub. L. 94-455,
title XIX, Secs. 1903(a)(14), 1906(b)(13)(C), (E), Oct. 4, 1976, 90
Stat. 1809, 1834; Pub. L. 94-566, title I, Sec. 115(c)(1), (5), title
III, Secs. 312(a), (b), 314(a), title V, Sec. 506(b), Oct. 20, 1976, 90
Stat. 2670, 2671, 2679, 2680, 2687; Pub. L. 95-19, title III,
Sec. 302(a), (c), (e), Apr. 12, 1977, 91 Stat. 44, 45; Pub. L. 95-171,
Sec. 2(a), Nov. 12, 1977, 91 Stat. 1353; Pub. L. 95-216, title IV,
Sec. 403(b), Dec. 20, 1977, 91 Stat. 1561; Pub. L. 96-364, title IV,
Sec. 414(a), Sept. 26, 1980, 94 Stat. 1310; Pub. L. 97-35, title XXIV,
Sec. 2408(a), Aug. 13, 1981, 95 Stat. 880; Pub. L. 97-248, title I,
Sec. 193(a), Sept. 3, 1982, 96 Stat. 408; Pub. L. 98-21, title V,
Secs. 515(b), 521(a), 523(a), Apr. 20, 1983, 97 Stat. 147, 148; Pub. L.
99-272, title XII, Sec. 12401(b)(1), Apr. 7, 1986, 100 Stat. 297; Pub.
L. 99-514, title XVIII, Sec. 1899A(43), Oct. 22, 1986, 100 Stat. 2960;
Pub. L. 101-649, title I, Sec. 162(e)(4), Nov. 29, 1990, 104 Stat. 5011;
Pub. L. 102-164, title III, Sec. 302(a), Nov. 15, 1991, 105 Stat. 1059;
Pub. L. 102-318, title IV, Sec. 401(a)(1), July 3, 1992, 106 Stat. 298;
Pub. L. 103-182, title V, Sec. 507(b)(1), Dec. 8, 1993, 107 Stat. 2154;
Pub. L. 103-465, title VII, Sec. 702(b), (c)(1), Dec. 8, 1994, 108 Stat.
4997; Pub. L. 104-193, title I, Sec. 110(l)(1), formerly Sec. 110(l)(2),
title III, Sec. 316(g)(2), Aug. 22, 1996, 110 Stat. 2173, 2218,
renumbered Pub. L. 105-33, title V, Sec. 5514(a)(2), Aug. 5, 1997, 111
Stat. 620; Pub. L. 107-147, title II, Sec. 209(d)(1), Mar. 9, 2002, 116
Stat. 33.)
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, 49 Stat.
620, as amended, which is classified generally to chapter 7 (Sec. 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 (Sec. 601 et
seq.) of subchapter IV and subchapter XII (Sec. 1321 et seq.),
respectively, of chapter 7 of Title 42. Sections 303(g), 453(i), and
903(c)(2), (d)(4) of the Act are classified to sections 503(g), 653(i),
and 1103(c)(2), (d)(4), respectively, of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 1305 of Title 42 and Tables.
The Federal-State Extended Unemployment Compensation Act of 1970,
referred to in subsecs. (a)(11) and (c), is Pub. L. 91-373, title II,
Aug. 10, 1970, 84 Stat. 708, 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 1182(d)(5) of Title
8, 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
Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which
is classified generally to subchapter IV (Sec. 231 et seq.) of chapter 9
of Title 45, Railroads. For further details and complete classification
of this Act to the Code, see Codification note set out preceding section
231 of Title 45, section 231t of Title 45, and Tables.
Amendments
2002--Subsec. (a)(4)(B). Pub. L. 107-147 inserted ``or 903(d)(4)''
before ``of the Social Security Act''.
1996--Subsec. (a)(16)(A). Pub. L. 104-193, Sec. 316(g)(2)(C), struck
out ``and'' at end.
Pub. L. 104-193, Sec. 316(g)(2)(A), substituted ``Secretary of
Health and Human Services'' for ``Secretary of Health, Education, and
Welfare''.
Pub. L. 104-193, Sec. 110(l)(1), formerly Sec. 110(l)(2), as
renumbered by Pub. L. 105-33, 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). Pub. L. 104-193, Sec. 316(g)(2)(E), added
subpar. (B). Former subpar. (B) redesignated (C).
Pub. L. 104-193, Sec. 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);''.
Pub. L. 104-193, Sec. 316(g)(2)(A), substituted ``Secretary of
Health and Human Services'' for ``Secretary of Health, Education, and
Welfare''.
Subsec. (a)(16)(C). Pub. L. 104-193, Sec. 316(g)(2)(D), redesignated
subpar. (B) as (C).
1994--Subsec. (a)(4)(C). Pub. L. 103-465, Sec. 702(c)(1), inserted
``, or the withholding of Federal, State, or local individual income
tax,'' after ``health insurance''.
Subsec. (a)(17) to (19). Pub. L. 103-465, Sec. 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). Pub. L. 103-182 added subpar. (F).
1992--Subsec. (a)(4)(E). Pub. L. 102-318 added subpar. (E).
1991--Subsec. (a)(6)(A)(ii)(I). Pub. L. 102-164, Sec. 302(a)(1),
substituted ``may be denied'' for ``shall be denied''.
Subsec. (a)(6)(A)(iii), (iv). Pub. L. 102-164, Sec. 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). Pub. L. 102-164, Sec. 302(a)(2), added cl.
(vi).
1990--Subsec. (a)(14)(A). Pub. L. 101-649 struck out reference to
section 203(a)(7) of Immigration and Nationality Act.
1986--Subsec. (a)(4)(D). Pub. L. 99-272 added subpar. (D).
Subsec. (a)(6)(A)(iii). Pub. L. 99-514 struck out ``and'' at end.
1983--Subsec. (a)(4)(C). Pub. L. 98-21, Sec. 523(a), added subpar.
(C).
Subsec. (a)(6)(A)(ii)(I), (iii), (iv). Pub. L. 98-21,
Sec. 521(a)(2), substituted ``shall be denied'' for ``may be denied''.
Subsec. (a)(6)(A)(v). Pub. L. 98-21, Sec. 521(a)(1), added cl. (v).
Subsec. (a)(17), (18). Pub. L. 98-21, Sec. 515(b), added par. (17)
and redesignated former par. (17) as (18).
1982--Subsec. (a)(6)(A)(ii). Pub. L. 97-248 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). Pub. L. 97-35 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). Pub. L. 96-364 inserted provisions relating
to applicability to any pension, retirement or retired pay, annuity, or
other similar periodic payment.
1977--Subsec. (a)(6)(A)(i). Pub. L. 95-19, Sec. 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). Pub. L. 95-19, Sec. 302(c)(3), added cl.
(iii).
Subsec. (a)(6)(A)(iv). Pub. L. 95-171 added cl. (iv).
Subsec. (a)(14)(A). Pub. L. 95-19, Sec. 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). Pub. L. 95-19, Sec. 302(e), substituted ``March 31,
1980'' for ``September 30, 1979''.
Subsec. (a)(16), (17). Pub. L. 95-216 added par. (16). Former par.
(16) redesignated (17).
1976--Subsec. (a)(3). Pub. L. 94-455, Secs. 1903(a)(14)(A),
1906(b)(13)(C), inserted ``of the Treasury'' after ``to the Secretary''
and struck out ``49 Stat. 640; 52 Stat. 1104, 1105;'' before ``42 U.S.C.
1104''.
Subsec. (a)(6)(A). Pub. L. 94-566, Sec. 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). Pub. L. 94-566, Sec. 506(b), substituted
``section 3309(a)(1)'' for ``section 3309(a)(1)(A)''.
Subsec. (a)(12). Pub. L. 94-566, Sec. 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 3309(d)) 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). Pub. L. 94-566, Sec. 314(a), added pars.
(13) to (15) and redesignated former par. (13) as (16).
Subsec. (c). Pub. L. 94-566, Sec. 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.
Pub. L. 94-455, Secs. 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). Pub. L. 94-566, Sec. 115(c)(5), added subsec. (f).
1970--Subsec. (a)(6) to (13). Pub. L. 91-373, Secs. 104(a), 108(a),
121(a), 206, added pars. (6) to (12) and redesignated former par. (6) as
(13).
Subsec. (c). Pub. L. 91-373, Sec. 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).
Pub. L. 91-373, Sec. 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). Pub. L. 91-373, Sec. 142(g), substituted ``If at any
time'' for ``If, at any time during the taxable year,''.
Subsec. (e). Pub. L. 91-373, Sec. 142(h), added subsec. (e).
Effective Date of 1996 Amendment
Amendment by section 110(l)(1) of Pub. L. 104-193 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 Pub.
L. 104-193, as amended, set out as an Effective Date note under section
601 of Title 42, The Public Health and Welfare.
For effective date of amendment by section 316(g)(2) of Pub. L. 104-
193, see section 395(a)-(c) of Pub. L. 104-193, set out as a note under
section 654 of Title 42.
Effective Date of 1994 Amendment
Section 702(d) of Pub. L. 103-465 provided that: ``The amendments
made by this section [amending this section, sections 3306 and 3402 of
this title, and section 503 of Title 42, The Public Health and Welfare]
shall apply to payments made after December 31, 1996.''
Effective Date of 1991 Amendment
Section 302(b) of Pub. L. 102-164 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 Pub. L. 101-649 effective Oct. 1, 1991, and applicable
beginning with fiscal year 1992, see section 161(a) of Pub. L. 101-649,
set out as a note under section 1101 of Title 8, Aliens and Nationality.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-272 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 Pub. L. 99-272,
set out as a note under section 503 of Title 42, The Public Health and
Welfare.
Effective Date of 1983 Amendment
Section 521(b) of Pub. L. 98-21 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 Pub. L. 98-21 provided that: ``The amendments made
by this section [amending this section and section 503 of Title 42, 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 Pub. L. 97-248, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, 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 Pub. L. 96-364 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 Pub. L. 95-216 provided that: ``The amendments
made by this section [enacting section 611 of Title 42, The Public
Health and Welfare, and amending this section and section 602 of Title
42] shall be effective on the date of the enactment of this Act [Dec.
20, 1977].''
Section 2(b) of Pub. L. 95-171 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 Pub. L. 95-19 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 Pub. L. 95-19 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 Pub. L. 94-566, as amended by Pub. L. 95-19, title
III, Sec. 301(a), Apr. 12, 1977, 91 Stat. 43, effective Oct. 20, 1976,
provided that:
``(1) Except as provided in paragraph (2), the amendments made by
this section [amending this section and section 3309 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 3309 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 3309 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
3309 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 Pub. L. 94-566, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, 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 Pub.
L. 91-373 and section 102 of Pub. L. 93-57 set out below, section
49d of Title 29, Labor, and section 1301 of Title 42, 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 3306 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 8501, 8503, 8504, 8521, and 8522 of Title 5,
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 Pub. L. 94-566, as amended by Pub. L. 95-19, title
III, Sec. 301(b), Apr. 12, 1977, 91 Stat. 43, 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 Pub. L. 94-566 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 Pub. L. 94-566, as amended by Pub. L. 95-19, title
III, Sec. 301(c), Apr. 12, 1977, 91 Stat. 44, effective Oct. 20, 1976,
provided that:
``(1) Except as provided in paragraph (2), the amendments made by
this section [amending this section and section 3309 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
3309 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 Pub. L. 95-19 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 Pub. L. 91-373, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
``(1) Subject to the provisions of paragraph (2), the amendments
made by subsections (a) and (b) [amending this section and enacting
section 3309 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 3303 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 Pub. L. 91-373, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, 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 Pub. L. 91-373, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, 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 142(f)-(h) of Pub. L. 91-373 applicable with
respect to taxable year 1972 and taxable years thereafter, see section
142(i) of Pub. L. 91-373, set out as a note under section 3302 of this
title.
Additional Temporary Extended Unemployment Compensation for Displaced
Airline Related Workers
Pub. L. 108-11, title IV, Sec. 4002, Apr. 16, 2003, 117 Stat. 607,
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; 116 Stat. 21) [title II of Pub. L. 107-147, set out as
a note below], as amended by Public Law 108-1 (117 Stat. 3), 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 411 of title 49, 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; 116 Stat. 21), as amended by Public Law 108-1 (117 Stat. 3),
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;
116 Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), 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 (117 Stat. 3), 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 (117 Stat. 3), 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
Pub. L. 107-147, title II, Mar. 9, 2002, 116 Stat. 26, as amended by
Pub. L. 108-1, Sec. 1(a), Jan. 8, 2003, 117 Stat. 3; Pub. L. 108-26,
Sec. 2(a), May 28, 2003, 117 Stat. 751, 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 [Pub. L.
91-373] (26 U.S.C. 3304 note); 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
[Pub. L. 91-373]; 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 85 of title 5, United States Code. A State shall not be
entitled to any reimbursement under such chapter 85 in respect of any
compensation to the extent the State is entitled to reimbursement under
this 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 (42
U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the
making of payments to States having agreements entered into under this
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 (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 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 85 of title 5, United
States Code; and
``(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986 applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
``SEC. 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 1001 of
title 18, 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 (26 U.S.C. 3304
note).
``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 1103 of Title 42, 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 1103 of Title 42]
shall remain subject to section 903 of the Social Security Act [42
U.S.C. 1103], as last in effect before such date of enactment.
``(b) Special Transfer in Fiscal Year 2002.--[Amended section 1103
of Title 42.]
``(c) Limitations on Transfers.--Section 903(b) of the Social
Security Act [42 U.S.C. 1103(b)] shall apply to transfers under section
903(d) of such Act (as amended by this section). For purposes of the
preceding sentence, such section 903(b) 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 3304 and 3306 of this title.]
``(2) [Amended section 503 of Title 42.]
``(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.''
[Pub. L. 108-26, Sec. 2(b), May 28, 2003, 117 Stat. 751, provided
that: ``The amendments made by this section [amending section 208 of
Pub. L. 107-147, 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]; 116 Stat. 21 [26]).'']
[Pub. L. 108-1, Sec. 1(b), Jan. 8, 2003, 117 Stat. 4, provided that:
``The amendment made by this section [amending section 208 of Pub. L.
107-147, 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]; 116 Stat. 21 [26]).'']
Profiling of New Claimants for Regular Unemployment Compensation
Pub. L. 103-6, Sec. 4, Mar. 4, 1993, 107 Stat. 34, 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 Pub. L.
103-152, Sec. 4(e), Nov. 24, 1993, 107 Stat. 1518.
Treatment of Persian Gulf Crisis Reservists
Section 104 of Pub. L. 102-318 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 Pub. L. 102-164, 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 Pub. L. 102-318 directed Federal Advisory
Council established under 42 U.S.C. 1108 to conduct a study of the
provisions suspended by the amendment made by section 202(b)(1) of Pub.
L. 102-318, enacting section 202(a)(7) of Pub. L. 91-373, 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 Pub. L. 102-318 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 1 and titles I and II of Pub. L. 102-164, as amended by Pub.
L. 102-182, Sec. 3(a)(1)-(6), Dec. 4, 1991, 105 Stat. 1234; Pub. L. 102-
244, Secs. 1(a), (b), 2, Feb. 7, 1992, 106 Stat. 3, 4; Pub. L. 102-318,
title I, Secs. 101(a)-(d), 102(a), 103(a), 107, July 3, 1992, 106 Stat.
290-293, 295; Pub. L. 103-6, Sec. 2(a)-(c), Mar. 4, 1993, 107 Stat. 33;
Pub. L. 103-152, Secs. 2(a)-(d), 3(a), Nov. 24, 1993, 107 Stat. 1516,
1517, provided that:
``SECTION 1. SHORT TITLE.
``This Act [enacting sections 1095a and 1096a of Title 20,
Education, amending this section and sections 3301 and 6654 of this
title, section 8521 of Title 5, Government Organization and Employees,
sections 1077, 1078, and 1092 of Title 20, and section 1108 of Title 42,
The Public Health and Welfare, repealing section 1078-5 of Title 20,
enacting provisions set out as notes under this section and sections
6402 and 6654 of this title, section 8521 of Title 5, section 502 of
Title 42, and section 352 of Title 45, Railroads, and amending
provisions set out as a note under section 6402 of this title] may be
cited as the `Emergency Unemployment Compensation Act of 1991'.
``TITLE I--EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM
``SEC. 101. 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
106(a)(2)).
``(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 102 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 Pub. L. 91-373, 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. 102. 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 [Pub. L. 91-373,
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. Pub. L. 102-244, Sec. 1(b)(4), Feb. 7, 1992, 106
Stat. 4.]
``(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. 103. 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 85 of title 5, United States Code. A State shall not be
entitled to any reimbursement under such chapter 85 in respect of any
compensation to the extent the State is entitled to reimbursement under
this Act in respect of such compensation.
``(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this Act shall be payable,
either in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the State
will be entitled to receive under this Act for each calendar month,
reduced or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior calendar
month were greater or less than the amounts which should have been paid
to the State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
``SEC. 104. FINANCING PROVISIONS.
``(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905 of the Social Security Act [42
U.S.C. 1105]) 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 [42 U.S.C. 1105])
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 [42 U.S.C. 501 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 [42 U.S.C. 1105]) such sums as the Secretary estimates to
be necessary to make the payments under this section in respect of--
``(1) compensation payable under chapter 85 of title 5, United
States Code, and
``(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986 applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
``(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 [42 U.S.C.
1105]) 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 Pub. L. 102-318, amending this Act], and
``(2) to the employment security administration account (as
established by section 901 of the Social Security Act [42 U.S.C.
1101]) 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
Pub. L. 102-318, amending this Act and Pub. L. 91-373, 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. 105. FRAUD AND OVERPAYMENTS.
``(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or representation
or of such nondisclosure such individual has received an amount of
emergency unemployment compensation under this Act to which he was not
entitled, such individual--
``(1) shall be ineligible for further emergency unemployment
compensation under this Act in accordance with the provisions of the
applicable State unemployment compensation law relating to fraud in
connection with a claim for unemployment compensation, and
``(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
``(b) Repayment.--In the case of individuals who have received
amounts of emergency unemployment compensation under this Act to which
they were not entitled, the State shall require such individuals to
repay the amounts of such emergency unemployment compensation to the
State agency, except that the State agency may waive such repayment if
it determines that--
``(1) the payment of such emergency unemployment compensation
was without fault on the part of any such individual, and
``(2) such repayment would be contrary to equity and good
conscience.
``(c) Recovery by State Agency.--
``(1) In general.--The State agency may recover the amount to be
repaid, or any part thereof, by deductions from any emergency
unemployment compensation payable to such individual under this Act
or from any unemployment compensation payable to such individual
under any 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. 106. 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 Pub. L. 91-373, 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 102(f)(2)) 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 Pub. L. 91-373, 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
[42 U.S.C. 1105]) 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 [42 U.S.C. 1105]) 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 106.''
[Section 2(e) of Pub. L. 103-152 provided that: ``The amendments
made by this section [amending Pub. L. 102-164, set out above] shall
apply to weeks of unemployment beginning after October 2, 1993.'']
[Section 3(b) of Pub. L. 103-152 provided that: ``The repeal made by
subsection (a) [amending Pub. L. 102-164, 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 Pub. L. 103-152 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 Pub. L.
102-164, 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 Pub. L. 103-6 provided that: ``The amendments made
by this section [amending Pub. L. 102-164, set out above] shall apply to
weeks beginning after March 6, 1993.'']
[Section 5 of Pub. L. 103-6 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 [42 U.S.C. 1105])
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 Pub. L. 102-164, 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) [106 Stat. 1794] 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 Pub. L. 103-6 provided that: ``Pursuant to sections
251(b)(2)(D)(i) and 252(e) of the Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 901(b)(2)(D)(i), 902(e)], the Congress
hereby designates all direct spending amounts provided by this Act [see
Short Title of 1993 Amendments note set out under section 1 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 [2 U.S.C. 900 et seq.].'']
[Section 101(e) of Pub. L. 102-318 provided that: ``The amendments
made by this section [amending Pub. L. 102-164, set out above] apply to
weeks of unemployment beginning after June 13, 1992.'']
[Section 102(b) of Pub. L. 102-318 provided that:
[``(1) In general.--The amendment made by this section [amending
Pub. L. 102-164, 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 Pub. L. 102-318 provided that: ``The amendment
made by subsection (a) [amending Pub. L. 102-164, set out above] shall
take effect on the date of the enactment of this Act [July 3, 1992].'']
[Section 1(c) of Pub. L. 102-244 provided that: ``The amendments
made by this section [amending Pub. L. 102-164, 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 Pub. L. 102-182 provided that: ``The amendments
made by this section [amending Pub. L. 102-164, set out above, and
provisions set out as a note under section 352 of Title 45, Railroads]
shall apply as if included in the provisions of and the amendments made
by the `Emergency Unemployment Compensation Act of 1991 [Pub. L. 102-
164, see section 1 set out above].' '']
[Pub. L. 102-107, Aug. 17, 1991, 105 Stat. 541, which enacted the
``Emergency Unemployment Compensation Act of 1991'' containing
provisions similar to those enacted by Pub. L. 102-164, set out above,
did not become effective pursuant to section 10(b) of Pub. L. 102-207,
which required certain action to have been taken by the President.]
Determination of Amount of Federal Share With Respect to Certain
Extended Benefits Payments
Pub. L. 100-203, title IX, Sec. 9151, Dec. 22, 1987, 101 Stat. 1330-
322, 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 Pub. L. 91-373, set out below] with respect to the implementation of
paragraph (3) of section 202(a) of such Act [section 202(a) of Pub. L.
91-373, set out below] (as added by section 1024(a) of the Omnibus
Reconciliation Act of 1980 [Pub. L. 96-499]), 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
Pub. L. 100-203, title IX, Sec. 9152, Dec. 22, 1987, 101 Stat. 1330-
322, as amended by Pub. L. 100-647, title VIII, Sec. 8301, Nov. 10,
1988, 102 Stat. 3798, 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
[42 U.S.C. 1104(a)] 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 [42 U.S.C. 503(a)(5)] 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 [Pub. L. 91-373, 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 [42 U.S.C. 501 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 1001 of title 18,
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
[Pub. L. 91-373, set out below].''
Supplemental Unemployment Compensation for Certain Individuals
Section 12402 of Pub. L. 99-272 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 (Secs. 601-606) of title VI of Pub. L. 97-
248, 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 Pub. L. 97-248, 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 Pub. L. 97-248, 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 [42 U.S.C. 5121 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 Pub.
L. 97-248, 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 Pub. L.
97-248, 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
Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 344,
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
Pub. L. 98-135, title II, Sec. 206, Oct. 24, 1983, 97 Stat. 861,
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 401(b)-(d) of Pub. L. 102-318 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 3306 of this title, and section 503 of Title 42, 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 Pub. L. 97-248 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 [29 U.S.C. 1002(35)], 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 (Secs. 601-606) of title VI of Pub. L. 97-248, as amended
by Pub. L. 97-424, title V, Sec. 544(a), (d), Jan. 6, 1983, 96 Stat.
2196; Pub. L. 97-448, title III, Sec. 310(a), Jan. 12, 1983, 96 Stat.
2411; Pub. L. 98-21, title V, Secs. 501, 502, 504, 505, Apr. 20, 1983,
97 Stat. 141, 144; Pub. L. 98-92, Sec. 1(a), Sept. 2, 1983, 97 Stat.
608; Pub. L. 98-118, Sec. 1, Oct. 11, 1983, 97 Stat. 803; Pub. L. 98-
135, title I, Secs. 101, 102, Oct. 24, 1983, 97 Stat. 857; Pub. L. 99-
15, Sec. 1(a), (b), Apr. 4, 1985, 99 Stat. 37, provided that:
``short title
``Sec. 601. This subtitle may be cited as the `Federal Supplemental
Compensation Act of 1982'.
``federal-state agreements
``Sec. 602. (a) Any State which desires to do so may enter into and
participate in an agreement with the Secretary of Labor (hereinafter in
this title referred to as the `Secretary') under this subtitle. Any
State which is a party to an agreement under this subtitle may, upon
providing thirty days' written notice to the Secretary, terminate such
agreement.
``(b) Any such agreement shall provide that the State agency of the
State will make payments of Federal supplemental compensation--
``(1) to individiuals [sic] 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 is not paid
or entitled to be paid any additional compensation under any
such State or Federal law); and
``(C) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada;
``(2) for any week of unemployment which begins in the
individual's period of eligibility,
except that no payment of Federal supplemental compensation shall be
made to any individual for any week of unemployment which begins more
than two years after the end of the benefit year for which he exhausted
his rights to regular compensation.
``(c) For purposes of subsection (b)(1)(A), an individual shall be
deemed to have exhausted his rights to regular compensation under a
State law when--
``(A) no payments of regular compensation can be made under such
law because such individual has received all regular compensation
available to him based on employment or wages during his base
period; or
``(B) his rights to such compensation have been terminated by
reason of the expiration of the benefit year with respect to which
such rights existed.
``(d) For purposes of any agreement under this subtitle--
``(1) the amount of the Federal supplemental 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 him
during his 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 Federal supplemental compensation and the
payment thereof; except where inconsistent with the provisions of
this subtitle or with the regulations of the Secretary promulgated
to carry out this subtitle; and
``(3) the maximum amount of Federal supplemental compensation
payable to any individual for whom an account is established under
subsection (e) shall not exceed the lesser of (A) the amount
established in such account for such individual, or (B) in the case
of an individual filing a claim under the interstate benefit payment
plan for Federal supplemental compensation, the amount which would
have been established in such account if the amount established in
such account were determined by reference to the applicable limit
under subparagraph (A)(ii) of subsection (e)(2) applicable in the
State in which the individual is filing such interstate claim under
the interstate benefit payment plan for the week in which he is
filing such claim.
Solely for purposes of paragraph (2), the amendment made by section
2404(a) of the Omnibus Budget Reconciliation Act of 1981 [section
2404(a) of Pub. L. 97-35, enacting par. (5) of section 202(a) of Pub. L.
91-373, set out below] shall be deemed to be in effect for all weeks
beginning on or after September 12, 1982.
``(e)(1) Any agreement under this subtitle with a State shall
provide that the State will establish, for each eligible individual who
files an application for Federal supplemental compensation, a Federal
supplemental compensation account with respect to such individual's
benefit year.
``(2)(A)(i) Except as provided in subparagraph (B), the amount
established in such account shall be equal to the lesser of--
``(I) 55 per centum 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 he most recently received regular compensation,
or
``(II) the applicable limit times his average weekly benefit
amount for his benefit year.
``(ii) For purposes of clause (i)--
``(I) in the case of an account from which Federal supplemental
compensation was payable to an individual for a week beginning
before October 19, 1983, the applicable limit shall be the
applicable limit in effect in the State under this paragraph (as in
effect on the day before the date of the enactment of the Federal
Supplemental Compensation Amendments of 1983 [Oct. 24, 1983]) for
the last week beginning before October 19, 1983, or
``(II) in the case of an account from which Federal supplemental
compensation is first payable for a week beginning after October 18,
1983, the applicable limit shall be the applicable limit determined
under the following table with respect to the first week for which
Federal supplemental compensation is payable from such account:
The applicable
``In the case of weeks during a: limit is:
6-percent period.................... 14
5-percent period.................... 12
4-percent period.................... 10
Low-unemployment period............. 8.
``(B) In the case of any account from which Federal supplemental
compensation was first payable for a week which begins after March 31,
1983, and before October 19, 1983, the amount established in such
account under subparagraph (A) shall be increased by the individual's
additional entitlement. In no event shall such increase result in the
individual's receiving more Federal supplemental compensation for weeks
beginning after October 18, 1983, than the subparagraph (A) entitlement.
``(C) For purposes of subparagraph (B) and this subparagraph--
``(i) The term `additional entitlement' means the lesser of--
``(I) \3/4\ of the subparagraph (A) entitlement, or
``(II) the individual's average weekly benefit amount for
the benefit year multiplied by the applicable limit determined
under clause (ii).
``(ii) The applicable limit determined under this clause is--
``(I) 5 if all of the amount in the individual's Federal
supplemental compensation account (determined without regard to
subparagraph (B)) is payable to the individual for weeks
beginning before October 18, 1983, and
``(II) in the case of an individual not described in
subclause (I), 4 (2 if the State is in a 4-percent period or a
low-unemployment period for the first week beginning after
October 18, 1983).
``(iii) The term `subparagraph (A) entitlement' means the amount
which would have been established in the account if Federal
supplemental compensation were first payable from such account for
the first week beginning after October 18, 1983.
``(3)(A) For purposes of this subsection, the terms `6-percent
period', `5-percent period', `4-percent period', and `low-unemployment
period', mean, with respect to any State, the period which--
``(i) begins with the third week after the first week for which
the applicable trigger is on, and
``(ii) ends with the second week after the first week for which
the applicable trigger is off.
``(B)(i) In the case of a 6-percent period, 5-percent period, 4-
percent period, or low-unemployment period, as the case may be, the
applicable trigger is on for any week if--
``(I) the rate of insured unemployment in the State for the
period consisting of such week and the immediately preceding 12
weeks falls within the applicable range, or
``(II) the rate of insured unemployment in the State for the
period consisting of the last week beginning in the second calendar
quarter ending before the week for which the trigger determination
is being made and all weeks preceding such last week which began on
or after January 1, 1982, equals or exceeds 5.5 percent in the case
of a 6-percent period (or, in the case of a 5-percent period, equals
or exceeds 4.5 percent but is less than 5.5 percent).
Subclause (II) shall not apply in the case of a 4-percent period or low-
unemployment period.
``(ii) In the case of a 6-percent period, 5-percent period, 4-
percent period, or low-unemployment period, as the case may be, the
applicable trigger is off for any week if subclause (I) of clause (i) is
not satisfied (or in the case of a 6-percent period or a 5-percent
period, both subclauses (I) and (II) of clause (i) are not satisfied).
``(iii) In the case of any 5-percent period, 4-percent period, or
low-unemployment period, as the case may be, notwithstanding clauses (i)
and (ii), the applicable trigger shall be off for any week if the
applicable trigger for a period with a higher applicable limit is on for
such week.
``(C) For purposes of this paragraph, the applicable range is as
follows:
``In the case of a: The applicable range is:
6-percent period........... A rate equal to or exceeding 6 percent.
5-percent period........... A rate equal to or exceeding 5 percent
but less than 6 percent.
4-percent period........... A rate equal to or exceeding 4 percent
but less than 5 percent.
Low-unemployment period.... A rate less than 4 percent.
``(D)(i) No 6-percent period, 5-percent period, 4-percent period, or
low-unemployment period, as the case may be, which is in effect for the
first week beginning after October 18, 1983, or any week thereafter,
shall last for a period of less than 13 weeks beginning after October
18, 1983.
``(ii) The applicable limit in any State shall not be reduced or
increased by more than 2 during any 13-week period beginning with the
week for which such a reduction (or increase) would otherwise take
effect. The preceding sentence shall not apply to any increase (or
decrease) which takes effect for the first week beginning after October
18, 1983.
``(E) For purposes of this subsection--
``(i) The rate of insured unemployment for any period shall be
determined in the same manner as determined for purposes of section
203 of the Federal-State Extended Unemployment Compensation Act of
1970 [section 203 of Pub. L. 91-373, set out below]; except that,
for purposes of determining the rate of insured unemployment for the
period described in subparagraph (B)(i)(II), the rate of insured
unemployment shall be determined by reference to the average monthly
covered employment under the State law for so much of such period as
does not fall in the last 6 months thereof.
``(ii) The amount of an individual's average weekly benefit
amount shall be determined in the same manner as determined for
purposes of section 202(b)(1)(C) of such Act [section 202(b)(1)(C)
of Pub. L. 91-373, set out below].
``(4) The amount of Federal supplemental compensation payable to an
eligible individual shall not exceed the amount in such individual's
account established under this subsection.
``(5)(A) Except as provided in subparagraph (B), the maximum amount
of Federal supplemental compensation payable to an individual shall not
be reduced by reason of any trade readjustment allowance to which the
individual was entitled under the Trade Act of 1974.
``(B) If an individual received any trade readjustment allowance
under the Trade Act of 1974 [19 U.S.C. 2101 et seq.] in respect of any
benefit year, the maximum amount of Federal supplemental compensation
payable under this subtitle in respect of such benefit year shall be
reduced (but not below zero) so that (to the extent possible by making
such a reduction) the aggregate amount of--
``(i) regular compensation,
``(ii) extended compensation,
``(iii) trade readjustment allowances, and
``(iv) Federal supplemental compensation,
payable in respect of such benefit year does not exceed the aggregate
amount which would have been so payable had the individual not been
entitled to any trade readjustment allowance.
``(f)(1) No Federal supplemental compensation shall be payable to
any individual under an agreement entered into under this subtitle for
any week beginning before whichever of the following is the later:
``(A) the week following the week in which such agreement is
entered into; or
``(B) September 12, 1982.
``(2)(A) Except as provided in subparagraph (B), no Federal
supplemental compensation shall be payable to any individual under an
agreement entered into under this subtitle for any week beginning after
March 31, 1985.
``(B) In the case of any individual who is receiving Federal
supplemental compensation for the week which includes March 31, 1985,
such compensation shall continue to be payable to such individual in
accordance with subsection (e) for any week thereafter, in a period of
consecutive weeks for each of which he meets the eligibility
requirements of this Act.
``(g) The payment of Federal supplemental compensation shall not be
denied to any recipient (who submits documentation prescribed by the
Secretary) for any week because the recipient is in training or
attending an accredited educational institution on a substantially full-
time basis, or because of the application of State law to any such
recipient relating to the availability for work, the active search for
work, or the refusal to accept work on account of such training or
attendance, unless the State agency determines that such training or
attendance will not improve the opportunities for employment of the
recipient.
``payments to states having agreements for the payment of federal
supplemental compensation
``Sec. 603. (a) There shall be paid to each State which has entered
into an agreement under this subtitle an amount equal to 100 per centum
of the Federal supplemental compensation paid to individuals by the
State pursuant to such agreement.
``(b) No payment shall be made to any State under this section in
respect of 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 subtitle or chapter 85 of title 5 of the
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 subtitle in respect of
such compensation.
``(c) Sums payable to any State by reason of such State's having an
agreement under this subtitle 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 subtitle for each calendar month, reduced or increased, as
the case may be, by any amount by which the Secretary finds that his
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.
``financing provisions
``Sec. 604. (a)(1) Funds in the extended unemployment compensation
account (as established by section 905 of the Social Security Act) [42
U.S.C. 1105] of the Unemployment Trust Fund shall be used for the making
of payments to States having agreements entered into under this
subtitle.
``(2) 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 subtitle. 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) [42 U.S.C. 1105] to the account of such
State in the Unemployment Trust Fund.
``(b) There are hereby authorized to be appropriated, without fiscal
year limitation, to the extended unemployment compensation account, such
sums as may be necessary to carry out the purposes of this subtitle.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
``(c) There are hereby authorized to be appropriated from the
general fund of the Treasury, 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 subtitle.
``definitions
``Sec. 605. For purposes of this subtitle--
``(1) the terms `compensation', `regular compensation',
`extended compensation', `base period', `benefit year', `State',
`State agency', `State law', and `week' shall have the meanings
assigned to them under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 [section 205 of Pub. L. 91-
373, set out below]; and
``(2) the term `period of eligibility' means, with respect to
any individual, any week which begins on or after September 12,
1982, and begins before April 1, 1985 (except as otherwise provided
in section 602(f)(2)(B)); except that an individual shall not have a
period of eligibility unless--
``(A) his benefit year ends on or after June 1, 1982, or
``(B) such individual was entitled to extended compensation
for a week which begins on or after June 1, 1982.
``fraud and overpayments
``Sec. 606. (a)(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 an amount of
Federal supplemental compensation under this subtitle to which he was
not entitled, such individual--
``(A) shall be ineligible for further Federal supplemental
compensation under this subtitle in accordance with the provisions
of the applicable State unemployment compensation law relating to
fraud in connection with a claim for unemployment compensation; and
``(B) shall be subject to prosecution under section 1001 of
title 18, United States Code.
``(2)(A) In the case of individuals who have received amounts of
Federal supplemental compensation under this subtitle to which they were
not entitled, the State is authorized to require such individuals to
repay the amounts of such Federal supplemental compensation to the State
agency, except that the State agency may waive such repayment if it
determines that--
``(i) the payment of such Federal Supplemental compensation was
without fault on the part of any such individual, and
``(ii) such repayment would be contrary to equity and good
conscience.
``(B) The State agency may recover the amount to be repaid, or any
part thereof, by deductions from any Federal supplemental compensation
payable to such individual under this subtitle 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 three-year period after the date such
individuals received the payment of the Federal supplemental
compensation to which they were not entitled, except that no single
deduction may exceed 50 per centum of the weekly benefit amount from
which such deduction is made.
``(C) 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.
``(3) Any determination by a State agency under paragraph (1) or (2)
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.''
[Pub. L. 98-135, Sec. 1, 97 Stat. 857, provided that: ``This Act
[amending section 3306 of this title and sections 1323 and 1397b of
Title 42, The Public Health and Welfare, enacting provisions set out as
notes under this section, section 3306 of this title, and section 1323
of Title 42, and amending provisions set out as notes under this
section] may be cited as the `Federal Supplemental Compensation
Amendments of 1983'.'']
[Section 103 of title I of Pub. L. 98-135 provided that:
[``(a) General Rule.--The amendments made by this title [amending
sections 602(d)(3), (e)(2), (3), (f)(2) and 605(2) of Pub. L. 97-248,
set out above] shall apply to weeks beginning after October 18, 1983.
[``(b) Transitional Rule.--In the case of any eligible individual
who exhausted his rights to Federal supplemental compensation (by reason
of the payment of all of the amount in his Federal supplemental
compensation account) before the first week beginning after October 18,
1983, such individual's eligibility for additional weeks of compensation
by reason of the amendments made by this title [amending sections
602(d)(3), (e)(2), (3), (f)(2) and 605(2) of Pub. L. 97-248, set out
above] shall not be limited or terminated by reason of any event, or
failure to meet any requirement of law relating to eligibility for
unemployment compensation, occurring after the date of such exhaustion
of rights and before the beginning of the first week beginning after
October 18, 1983 (and the period after such exhaustion and before the
beginning of such first week shall not be counted for purposes of
determining the expiration of the two years following the end of his
benefit year for purposes of section 602(b) of the Federal Supplemental
Compensation Act of 1982 [section 602(b) of Pub. L. 97-248, set out
above]).
[``(c) Modification of Agreements.--The Secretary of Labor shall, at
the earliest practicable date, after the date of the enactment of this
Act [Oct. 24, 1983], propose to each State with which he has in effect
an agreement under section 602 of the Federal Supplemental Compensation
Act of 1982 [section 602 of Pub. L. 97-248, set out above] a
modification of such agreement designed to provide for the payment of
Federal supplemental compensation under such Act in accordance with the
amendments made by this title [amending sections 602(d)(3), (e)(2), (3),
(f)(2) and 605(2) of Pub. L. 97-248, set out above]. Notwithstanding any
other provision of law, if any State fails or refuses within the three-
week period beginning on the date the Secretary of Labor proposes such
modification to such State, to enter into such modification of such
agreement, the Secretary of Labor shall terminate such agreement
effective with the end of the last week which ends on or before the
close of such three-week period.
[``(d) New Periods Begin With First Week After October 18, 1983.--
For purposes of determining whether any 6-percent period, 5-percent
period, 4-percent period, or low-unemployment period is in effect during
weeks beginning after October 18, 1983, the amendments made by this
title [amending sections 602(d)(3), (e)(2), (3), (f)(2) and 605(2) of
Pub. L. 97-248, set out above] shall be treated as in effect during all
periods before the first week beginning after October 18, 1983.'']
[Section 1(b)-(d) of Pub. L. 98-92 provided that:
[``(b) The amendment made by subsection (a) [amending section
602(e)(2) of Pub. L. 97-248, set out above] shall apply to weeks
beginning after July 24, 1983.
[``(c)(1) In the case of an account established before the week
beginning June 5, 1983, the applicable limit under section
602(e)(2)(A)(ii) of the Federal Supplemental Compensation Act of 1982
[section 602(e)(2)(A)(ii) of Pub. L. 97-248, set out above] shall in no
event be less than the number of weeks applicable to such State for the
week beginning March 27, 1983, under section 602(e)(2) of such Act (as
in effect for such week) reduced by four.
[``(2) Paragraph (1) shall apply only to compensation for weeks of
unemployment beginning on or after the date of the enactment of this Act
[Sept. 2, 1983].
[``(d) In the case of any eligible individual who (without regard to
the amendment made by subsection (a) [amending section 602(e)(2) of Pub.
L. 97-248, set out above] or the provisions of subsection (c)) exhausted
his rights to Federal supplemental compensation (by reason of the
payment of all of the amount in his Federal supplemental compensation
account) before the first week beginning after the date of the enactment
of this Act [Sept. 2, 1983], such individual's eligibility for
additional compensation by reason of the amendment made by subsection
(a) or the provisions of subsection (c) for any week of unemployment
shall not be limited or terminated by reason of any event, or failure to
meet any requirement of law relating to eligibility for unemployment
compensation, occurring after the date of such exhaustion of rights and
before the beginning of the first week beginning after the date of the
enactment of this Act.'']
[Section 544(b) of Pub. L. 97-424 provided that: ``The amendments
made by subsection (a) [enacting section 602(e)(2)(B)-(F), (3) and
amending section 602(e)(2)(A) of Pub. L. 97-248, set out above] shall
apply to Federal supplemental compensation payable for weeks beginning
on or after the date of the enactment of this Act [Jan. 6, 1983]. In the
case of any eligible individual to whom any Federal supplemental
compensation was payable for any week beginning prior to such date of
enactment and who exhausted his rights to such compensation (by reason
of the payment of all the amount in his Federal supplemental
compensation account) prior to the first week beginning on or after such
date of enactment, such individual's eligibility for additional weeks of
compensation by reason of the amendments made by this section shall not
be limited or terminated by reason of any event, or failure to meet any
requirement of law relating to eligibility for unemployment
compensation, occurring after the date of such exhaustion of rights and
prior to the date of the enactment of this Act [Jan. 6, 1983] (and such
weeks shall not be counted for purposes of determining the expiration of
the two years following the end of his benefit year for purposes of
section 602(b) of the Tax Equity and Fiscal Responsibility Act of 1982)
[Pub. L. 97-248].'']
[Pub. L. 97-448, title III, Sec. 310(b), Jan. 12, 1983, 96 Stat.
2411, provided that: ``The amendment made by subsection (a) [enacting
section 602(d)(3) of Pub. L. 97-248, set out above] shall be effective
as if it had been originally included in section 602 of the Tax Equity
and Fiscal Responsibility Act of 1982 [section 602 of Pub. L. 97-248,
set out above].'']
[Section 503 of part A (Secs. 501-505) of title V of Pub. L. 98-21
provided that:
[``(a) The amendments made by this part [enacting section 602(e)(2),
(3), (5), (g) and amending sections 602(d)(3), (e)(4), (f)(2) and 605(2)
of Pub. L. 97-248, set out above] shall apply to weeks beginning after
March 31, 1983.
[``(b) In the case of any eligible individual--
[``(1) to whom any Federal supplemental compensation was payable
for any week beginning before April 1, 1983, and
[``(2) who exhausted his rights to such compensation (by reason
of the payment of all the amount in his Federal supplemental
compensation account) before the first week beginning after March
31, 1983,
such individual's eligibility for additional weeks of compensation by
reason of the amendments made by this part shall not be limited or
terminated by reason of any event, or failure to meet any requirement of
law relating to eligibility for unemployment compensation, occurring
after the date of such exhaustion of rights and before April 1, 1983
(and the period after such exhaustion and before April 1, 1983, shall
not be counted for purposes of determining the expiration of the two
years following the end of his benefit year for purposes of section
602(b) of the Federal Supplemental Compensation Act of 1982 [section
602(b) of Pub. L. 97-248, set out above]).
[``(c) The Secretary of Labor shall, at the earliest practicable
date after the date of the enactment of this Act [Apr. 20, 1983],
propose to each State with which he has in effect an agreement under
section 602 of the Federal Supplemental Compensation Act of 1982
[section 602 of Pub. L. 97-248, set out above] a modification of such
agreement designed to provide for the payment of Federal supplemental
compensation under such Act [subtitle A of title VI of Pub. L. 97-248,
set out above] in accordance with the amendments made by this part.
Notwithstanding any other provision of law, if any State fails or
refuses, within the 3-week period beginning on the date the Secretary of
Labor proposed such a modification to such State, to enter into such a
modification of such agreement, the Secretary of Labor shall terminate
such agreement effective with the end of the last week which ends on or
before such 3-week period.'']
Modification of Agreements Under Federal Supplemental Compensation Act
of 1982
Pub. L. 99-15, Sec. 1(c), Apr. 4, 1985, 99 Stat. 37, provided that:
``The Secretary of Labor shall, at the earliest practicable date after
the date of the enactment of this Act [Apr. 4, 1985], propose to each
State with which he has in effect an agreement under section 602 of the
Federal Supplemental Compensation Act of 1982 [section 602 of Pub. L.
97-248, set out above] a modification of such agreement designed to
provide for the payment of Federal supplemental compensation under such
Act [subtitle A of title VI of Pub. L. 97-248, set out above] in
accordance with the amendments made by this Act [amending the Federal
Supplemental Compensation Act of 1982]. Notwithstanding any other
provision of law, if any State fails or refuses within the three-week
period beginning on the date the Secretary of Labor proposes such
modification to such State, to enter into such modification of such
agreement, the Secretary of Labor shall terminate such agreement
effective with the end of the last week which ends on or before the
close of such three-week period. Pending modification (or termination)
of the agreement, States may pay Federal supplemental compensation in
accordance with the amendments made by this Act for weeks beginning
after March 31, 1985, and shall be reimbursed in accordance with the
provisions of the Federal Supplemental Compensation Act of 1982.''
Application of Federal Supplemental Compensation Act of 1982 With
Respect to Weeks Beginning After March 31, 1983
Pub. L. 98-13, Mar. 29, 1983, 97 Stat. 54, provided: ``That, with
respect to weeks beginning after March 31, 1983, the Federal
Supplemental Compensation Act of 1982 [subtitle A of title VI of Pub. L.
97-248, set out above] shall be applied as if the provisions contained
in part A of title V of the conference report [H. Rept. No. 98-47] on
the bill H.R. 1900 [part A (Secs. 501-505) of title V of Pub. L. 98-21,
Apr. 20, 1983, 97 Stat. 141-144, amending subtitle A of title VI of Pub.
L. 97-248, set out above] were enacted into law on the date of the
enactment of this Act [Mar. 29, 1983].''
Termination of Federal-State Supplemental Unemployment Compensation
Agreements With States Failing To Renegotiate
Pub. L. 97-424, title V, Sec. 544(c), Jan. 6, 1983, 96 Stat. 2197,
provided that: ``The Secretary of Labor shall, at the earliest
practicable date after the date of the enactment of this Act [Jan. 6,
1983], propose to each State with which he has in effect an agreement
under section 602 of the Tax Equity and Fiscal Responsibility Act of
1982 [section 602 of Pub. L. 97-248, set out above] a modification of
such agreement designed to provide for the payment of Federal
supplemental compensation under such Act [sections 601 to 606 of Pub. L.
97-248, set out above] in accordance with the amendments made by this
Act [amending section 602(e) of Pub. L. 97-248, set out above].
Notwithstanding any other provision of law, if any State fails or
refuses, within the three-week period beginning on the date the
Secretary of Labor proposes such a modification to such State, to enter
into such a modification of such agreement, the Secretary of Labor shall
terminate such agreement effective with the end of the last week which
ends on or before such three-week period.''
Certification of State Unemployment Laws; Effective Dates
Section 2408(b) of Pub. L. 97-35, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
``(1) Except as otherwise provided in paragraph (2)--
``(A) The amendments made by sections 2401 and 2402 [amending
Pub. L. 91-373, set out below] shall be required to be included in
State unemployment compensation laws for purposes of certifications
under section 3304(c) of the Internal Revenue Code of 1986 [formerly
I.R.C. 1954] on October 31 of any taxable year after 1980; and
``(B) the amendments made by sections 2403 and 2404 [amending
Pub. L. 91-373, set out below] shall be required to be included in
such laws for purposes of such certifications on October 31 of any
taxable year after 1981.
``(2)(A) In the case of any State the legislature of which--
``(i) does not meet in a session which begins after the date of
the enactment of this Act [Aug. 13, 1981] and prior to September 1,
1981, and
``(ii) if in session on the date of the enactment of this Act,
does not remain in session for a period of at least 25 calendar
days,
the date `1980' in paragraph (1)(A) shall be deemed to be `1981'.
``(B) In the case of any State the legislature of which--
``(i) does not meet in a session which begins after the date of
the enactment of this Act [Aug. 13, 1981] and prior to September 1,
1982, and
``(ii) if in session on the date of the enactment of this Act,
does not remain in session for a period of at least 25 calendar
days,
the date `1981' in paragraph (1)(B) shall be deemed to be `1982'.''
Pub. L. 96-499, title X, Sec. 1025, Dec. 5, 1980, 94 Stat. 2660, as
amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095,
provided that: ``On October 31 of any taxable year after 1980, the
Secretary of Labor shall not certify any State, as provided in section
3304(c) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954],
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 preceding provisions of this subtitle [subtitle C of
title X of Pub. L. 96-499, Dec. 5, 1980, 94 Stat. 2656, which enacted
section 8509 of Title 5, Government Organization and Employees, and
section 1109 of Title 42, The Public Health and Welfare, enacted
provisions set out as notes under this section and section 8509 of Title
5, and amended provisions set out as notes under this section] to be
included therein, or has with respect to the 12-month period ending on
such October 31, failed to comply substantially with any such
provision.''
Transfer of Funds to Federal Unemployment Trust Fund as Prerequisite to
Approval of Virgin Islands Unemployment Compensation Law
Section 116(g) of Pub. L. 94-566, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``The Secretary of
Labor shall not approve an unemployment compensation law of the Virgin
Islands under section 3304(a) of the Internal Revenue Code of 1986
[formerly I.R.C. 1954] until the Governor of the Virgin Islands has
approved the transfer to the Federal Unemployment Trust Fund established
by section 904 of the Social Security Act [42 U.S.C. 1104] of an amount
equal to the dollar balance credited to the unemployment subfund of the
Virgin Islands established under section 310 of title 24 of the Virgin
Islands Code.''
Federal Reimbursement for Benefits Paid to Newly Covered Workers During
Transition Period
Section 121 of Pub. L. 94-566, as amended by Pub. L. 99-514, Sec. 2,
Oct. 22, 1986, 100 Stat. 2095, provided that:
``(a) General Rule.--If any State, the unemployment compensation law
of which is approved by the Secretary under section 3304(a) of the
Internal Revenue Code of 1986 [formerly I.R.C. 1954], provides for the
payment of compensation for any week of unemployment beginning on or
after January 1, 1978, on the basis of previously uncovered services,
the Secretary shall pay to the unemployment fund of such State an amount
equal to the Federal reimbursement for any compensation paid for a week
of unemployment beginning on or after January 1, 1978, to any individual
whose base period wages include wages for previously uncovered services.
``(b) Previously Uncovered Services.--For purposes of this section,
the term `previously uncovered services' means, with respect to any
State, services--
``(1) which were not covered by the State unemployment
compensation law, at any time, during the 1-year period ending
December 31, 1975; and
``(2) which--
``(A) are agricultural labor (as defined in section 3306(k)
of the Internal Revenue Code of 1986) or domestic services
referred to in section 3306(c)(2) of such Code (as in effect on
the day before the date of the enactment of this Act) [Oct. 20,
1976] and are treated as employment (as defined in section
3306(c) of such Code) by reason of the amendments made by this
Act [see Short Title of 1976 Amendment note set out under
section 3311 of this title], or
``(B) are services to which section 3309(a)(1) of such Code
applies by reason of the amendments made by this Act.
``(c) Federal Reimbursement.--
``(1) In general.--For purposes of this section, the Federal
reimbursement for compensation paid to any individual for any week
of unemployment shall be an amount which bears the same ratio to the
amount of such compensation as the amount of the individual's base
period wages which are attributable to previously uncovered services
which are reimbursable bears to the total amount of the individual's
base period wages.
``(2) Reimbursable services.--For purposes of determining the
amount of the Federal reimbursement for compensation paid to any
individual for any week of unemployment, previously uncovered
services shall be treated as being reimbursable--
``(A) if such services were performed--
``(i) before July 1, 1978, in the case of a week of
unemployment beginning before July 1, 1978; or
``(ii) before January 1, 1978, in the case of a week of
unemployment beginning after July 1, 1978; and
``(B) to the extent that assistance under title II of the
Emergency Jobs and Unemployment Assistance Act of 1974 [Pub. L.
93-567, title II, set out below] was not paid to such individual
on the basis of such services.
``(3) Denial of payment.--No payment may be made under
subsection (a) to any State in respect of any compensation for which
the State is entitled to any reimbursement under the provisions of
any Federal law other than this Act [see Short Title of 1976
Amendment note set out under section 3311 of this title] or the
Federal-State Extended Unemployment Compensation Act of 1970 [Pub.
L. 91-373, title II, set out below].
``(d) Experience Rating of Certain Employers.--The unemployment
compensation law of any State may, without being deemed to violate the
standards set forth in section 3303(a) of the Internal Revenue Code of
1986, provide that the experience-rating account of any employer shall
not be charged for the compensation paid to any individual whose base
period wages includes wages for previously uncovered services which are
reimbursable under subsection (c)(2) to the extent that such individual
would not have been eligible to receive such compensation had the State
law not provided for the payment of compensation on the basis of such
previously uncovered services.
``(e) Certain Nonprofit Employers.--The unemployment compensation
law of any State may provide that any organization which elects to make
payments (in lieu of contributions) into the State unemployment
compensation fund as provided in section 3309(a)(2) of the Internal
Revenue Code of 1986 shall not be liable to make such payments with
respect to the compensation paid to any individual whose base period
wages includes wages for previously uncovered services which are
reimbursable under subsection (c)(2) to the extent that such individual
would not have been eligible to receive such compensation had the State
not provided for the payment of compensation on the basis of such
previously uncovered services.
``(f) Payments Made Monthly.--Payments under subsection (a) shall be
made monthly, prior to audit or settlement by the General Accounting
Office, on the basis of estimates by the Secretary of the amount payable
to such State for such month, reduced or increased, as the case may be,
by any amount by which the Secretary finds that his estimates for any
prior month were greater or less than the amounts which should have been
paid to such State. Such estimates may be made on the basis of such
statistical, sampling, or other methods as may be agreed upon by the
Secretary and the State.
``(g) Definitions.--For purposes of this section--
``(1) State.--The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
``(2) Secretary.--The term `Secretary' means the Secretary of
Labor.
``(3) Benefit year.--The term `benefit year' means the benefit
year as defined in the applicable State unemployment compensation
law.
``(4) Base period.--The term `base period' means the base period
as defined by the applicable State unemployment compensation law for
the benefit year.
``(5) Unemployment fund.--The term `unemployment fund' has the
meaning given to such term by section 3306(f) of the Internal
Revenue Code of 1986.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated from the general fund of the Treasury such sums as may be
necessary to carry out the purposes of this section.''
Emergency Unemployment Compensation Act of 1974
Pub. L. 93-572, Secs. 101-105, Dec. 31, 1974, 88 Stat. 1869-1872, as
amended by Pub. L. 94-12, title VII, Sec. 701(a), Mar. 29, 1975, 89
Stat. 65; Pub. L. 94-45, title I, Secs. 101(a)-(f), 102(a), 103(a), 106,
June 30, 1975, 89 Stat. 236-239; Pub. L. 94-566, title I,
Sec. 116(d)(3), Oct. 20, 1976, 90 Stat. 2672; Pub. L. 95-19, title I,
Secs. 101(a), 102(a)-(c), 103(a), 104(a), 105(a), 107(a), Apr. 12, 1977,
91 Stat. 39-42; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095,
provided that:
``Sec. 101. [Short title]. This Act [enacting this note and amending
Pub. L. 91-373, title II, set out below] may be cited as the `Emergency
Unemployment Compensation Act of 1974'.
``Sec. 102. [Federal-State agreements]. (a) [State law requirements;
termination of agreement]. Any State, the State unemployment
compensation law of which is approved by the Secretary of Labor
(hereinafter in this Act referred to as the `Secretary') under section
3304 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] which
desires to do so, may enter into and participate in an agreement with
the Secretary under this Act, if such State law contains (as of the date
such agreement is entered into) a requirement that extended compensation
be payable thereunder as provided by the Federal-State Extended
Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II, set out
below]. Any State which is a party to an agreement under this Act may,
upon providing thirty days' written notice to the Secretary, terminate
such agreement.
``(b) [Emergency compensation]. Any such agreement shall provide
that the State agency of the State will make payments of emergency
compensation--
``(1) to individuals who--
``(A)(i) have exhausted all rights to regular compensation
under the State law;
``(ii) have exhausted all rights to extended compensation,
or are not entitled thereto, because of the ending of their
eligibility period for extended compensation, in such State;
``(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
``(C) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada,
``(2) for any week of unemployment which--
``(A) begins in--
``(i) an emergency benefit period (as defined in
subsection (c)(3)), and
``(ii) the individual's period of eligibility (as
defined in section 105(a)(2)); or
``(B) begins in an individual's additional eligibility
period (as defined in section 105(a)(4));
except that no payment of emergency compensation shall be made to
any individual for any week of unemployment which begins more than
two years after the end of the benefit year for which he exhausted
his rights to regular compensation.
``(c) [Regular and extended compensation rights, exhaustion;
emergency benefit period; publication in Federal Register; State
`emergency on' and `emergency off' indicators.] (1) For purposes of
subsection (b)(1)(A), an individual shall be deemed to have exhausted
his rights to regular compensation under a State law when--
``(A) no payments of regular compensation can be made under such
law because such individual has received all regular compensation
available to him based on employment or wages during his base
period; or
``(B) his rights to such compensation have been terminated by
reason of the expiration of the benefit year with respect to which
such rights existed.
``(2) For purposes of subsection (b)(1)(B), an individual shall be
deemed to have exhausted his rights to extend compensation under a State
law when no payments of extended compensation under a State law can be
made under such law because such individual has received all the
extended compensation available to him from his extended compensation
account (as established under State law in accordance with section
202(b)(1) of the Federal-State Extended Unemployment Compensation Act of
1970) [Pub. L. 91-373, title II, Sec. 202(b)(1), set out below]).
``(3)(A)(i) For purposes of subsection (b)(2)(A), in the case of any
State, an emergency benefit period--
``(I) shall begin with the third week after a week for which
there is a State `emergency on' indicator; and
``(II) shall end with the third week after the first week for
which there is a State `emergency off' indicator.
``(ii) In the case of any State, no emergency benefit period shall
last for a period of less than 13 consecutive weeks, and no emergency
benefit period which began prior to January 1, 1976, shall end prior to
such date.
``(iii) When a determination has been made that an emergency benefit
period is beginning or ending with respect to any State, the Secretary
shall cause notice of such determination to be published in the Federal
Register.
``(B)(i) For purposes of subparagraph (A), there is a State
`emergency on' indicator for a week if (I) there is a State or National
`on' indicator for such week (as determined under subsections (d) and
(e) of section 203 of the Federal-State Extended Unemployment
Compensation Act of 1970 [Pub. L. 91-373, title II, Sec. 203(d), (e),
set out below]), and (II) the rate of insured unemployment in such State
for the period consisting of such week and the immediately preceding
twelve weeks equaled or exceeded 5 per centum.
``(ii) For purposes of subparagraph (A), there is a State `emergency
off' indicator for a week if the rate of insured unemployment in such
State for the period consisting of such week and the immediately
preceding twelve weeks is less than 5 per centum.
``(d) [Amount of emergency compensation; terms and conditions of
State law for regular compensation] For purposes of any agreement under
this Act--
``(1) the amount of the emergency 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 him during his benefit year under
the State law; and
``(2) the terms and conditions of the State law which apply to
claims for regular compensation and to the payment thereof shall
(except where inconsistent with the provisions of this Act or
regulations of the Secretary promulgated to carry out this Act)
apply to claims for emergency compensation and the payment thereof.
``(e) [Emergency compensation account] (1) Any agreement under this
Act with a State shall provide that the State will establish, for each
eligible individual who files an application for emergency compensation,
an emergency compensation account.
``(2) The amount established in such account for any individual
shall be equal to the lesser of--
``(A) 50 per centum of the total amount of regular compensation
(including dependents' allowances) payable to him with respect to
the benefit year (as determined under the State law) on the basis of
which he most recently received regular compensation; or
``(B) 13 times his average weekly benefit amount (as determined
for purposes of section 202(b)(1)(C) of the Federal-State Extended
Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II,
Sec. 202(b)(1)(C), set out below]) for his benefit year.
``(3) The amount determined under paragraph (2) with respect to any
individual shall be reduced by the amount of any assistance paid to such
individual under title II of the Emergency Jobs and Unemployment
Assistance Act of 1974 [Pub. L. 93-567, title II, set out below], for
any weeks of unemployment in the 65-week period preceding the first week
of unemployment with respect to which compensation is payable to such
individual under this Act.
``(f) [Effective dates] (1) No emergency compensation shall be
payable to any individual under an agreement entered into under this Act
for any week beginning before whichever of the following is the latest:
``(A) the first week which begins after December 31, 1974,
``(B) the week following the week in which such agreement is
entered into, or
``(C) the first week which begins after the date of the
enactment of this Act [Dec. 31, 1974].
``(2) No emergency compensation shall be payable to any individual
under an agreement entered into under this Act--
``(A) for any week ending after October 31, 1977, or
``(B) in the case of an individual who (for a week ending after
the beginning of his most recent benefit year and before October 31,
1977) had a week with respect to which emergency compensation was
payable under such agreement, for any week ending after January 31,
1978.
``(g) [Individuals not participating in approved training programs]
Notwithstanding the preceding provisions of this section emergency
compensation shall not be payable for any week to an individual who is
not a participant in a training program which is approved by the
Secretary if--
``(1) the State determines that there is a need for upgrading or
broadening such individual's occupational skills and a program which
is approved by the Secretary for such upgrading or broadening is
available within a reasonable distance and without charge to the
individual for tuition or fees, and
``(2) such individual is not an applicant to participate in such
a program.
``(h) [Denial of emergency compensation to individuals who refuse
offers of suitable work or who are not actively seeking work]. (1) In
addition to any eligibility requirement of the applicable State law,
emergency compensation shall not be payable for any week to any
individual otherwise eligible to receive such compensation if during
such week such individual--
``(A) fails to accept any offer of suitable work or to apply for
any suitable work to which he was referred by the State agency, or
``(B) fails to actively engage in seeking work.
``(2) If any individual is ineligible for emergency compensation for
any week by reason of a failure described in subparagraph (A) or (B) of
paragraph (1), the individual shall be ineligible to receive emergency
compensation for any week which begins during a period which--
``(A) begins with the week following the week in which such
failure occurs, and
``(B) does not end until such individual has been employed
during at least 4 weeks which begin after such failure and the total
of the remuneration earned by the individual for being so employed
is not less than the product of 4 multiplied by the individual's
average weekly benefit amount (as determined for purposes of section
202(b)(1)(C) of the Federal-State Extended Unemployment Compensation
Act of 1970 [Pub. L. 91-373, title II, Sec. 202(b)(1)(C), set out
below]) for his benefit year.
``(3) Emergency compensation shall not be denied under paragraph (1)
to any individual for any week by reason of a failure to accept an offer
of, or apply for, suitable work--
``(A) if the gross average weekly remuneration payable to such
individual for the position does not exceed the sum of--
``(i) the individual's average weekly benefit amount (as
determined for purposes of section 202(b)(1)(C) of the Federal-
State Extended Unemployment Compensation Act of 1970 [Pub. L.
91-373, title II, Sec. 202(b)(1)(C), set out below]) for his
benefit year, plus
``(ii) the amount (if any) of supplemental unemployment
compensation benefits (as defined in section 501(c)(17)(D) of
the Internal Revenue Code of 1986) payable to such individual
for such week;
``(B) if the position was not offered to such individual in
writing and was not listed with the State employment service;
``(C) if such failure would not result in a denial of
compensation under the provisions of the applicable State law to the
extent that such provisions are not inconsistent with the provisions
of paragraph (4); or
``(D) if the position pays wages less than the higher of--
``(i) the minimum wage provided by section 6(a)(1) of the
Fair Labor Standards Act of 1938 [29 U.S.C. 206(a)(1)], without
regard to any exemption; or
``(ii) any applicable State or local minimum wage.
``(4) For purposes of this subsection--
``(A) The term `suitable work' means, with respect to any
individual, any work which is within such individual's capabilities;
except that, if the individual furnishes evidence satisfactory to
the State agency that such individual's prospects for obtaining work
in his customary occupation within a reasonably short period are
good, the determination of whether any work is suitable work with
respect to such individual shall be made in accordance with the
applicable State law.
``(B) An individual shall be treated as actively engaged in
seeking work during any week if--
``(i) the individual has engaged in a systematic and
sustained effort to obtain work during such week, and
``(ii) the individual provides tangible evidence to the
State agency that he has engaged in such an effort during such
week.
``(5) Any agreement under subsection (a) shall provide that, in the
administration of this Act, States shall make provision for referring
applicants for benefits under this Act to any suitable work to which
subparagraphs (A), (B), (C), and (D) of paragraph (3) would not apply.
``Sec. 103. [Payments to States having agreements for the payment of
emergency compensation]. (a) [Amount payable]. There shall be paid to
each State which has entered into an agreement under this Act an amount
equal to 100 per centum of the emergency compensation paid to
individuals by the State pursuant to such agreement.
``(b) [Limitation] No payment shall be made to any State under this
section in respect of compensation for which the State is entitled to
reimbursement under the provisions of any Federal law other than this
Act.
``(c) [Calendar month basis; advances, reimbursements, and
adjustments; method for estimates] Sums payable to any State by reason
of such State's 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 his estimates for any prior calendar month were
greater or less than the amounts which would 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. 104. [Financing provisions]. (a) [Use of extended
unemployment compensation account funds; certification] (1) Funds in the
extended unemployment compensation account (as established by section
905 of the Social Security Act) [42 U.S.C. 1105] of the Unemployment
Trust Fund shall be used for the making of payments to States having
agreements entered into under this Act.
``(2) 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) [42 U.S.C. 1105]) to the account of such
State in the Unemployment Trust Fund.
``(b) [Authorization of appropriations; repayment of advances
without interest]. There are hereby authorized to be appropriated,
without fiscal year limitation, to the extended unemployment
compensation account, such sums as may be necessary to carry out the
purposes of this Act. Amounts appropriated and paid to the States under
section 103 with respect to weeks of unemployment ending prior to April
1, 1977, shall be repaid, without interest, as provided in section
905(d) of the Social Security Act [42 U.S.C. 1105(d)].
``Sec. 105. (a) [Definitions]. For purposes of this Act--
``(1) the terms `compensation', `regular compensation',
`extended compensation', `base period', `benefit year', `State',
`State agency', `State law', and `week' shall have the meanings
assigned to them under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II,
Sec. 205, set out below];
``(2) the term `period of eligibility' means, in the case of any
individual, the weeks in his benefit year which begin in an extended
benefit period or an emergency benefit period and, if his benefit
year ends within such extended benefit period, any weeks thereafter
which begin in such extended benefit period or in such emergency
benefit period;
``(3) the term `extended benefit period' shall have the meaning
assigned to such term under section 203 of the Federal-State
Extended Unemployment Compensation Act of 1970 [Pub. L. 91-373,
title II, Sec. 203, set out below];
``(4) the term `additional eligibility period' means the
thirteen-week period following the week in which an emergency
benefit period ends in a State, as determined under section
102(c)(3); but no individual shall have an additional eligibility
period unless there was payable to him in such State, for the week
in which such emergency benefit period ended, either emergency
compensation under this Act or extended compensation under the
Federal-State Extended Unemployment Compensation Act of 1970 [Pub.
L. 91-373, title II, set out below];
``(5) the term `rate of insured unemployment' means the
percentage arrived at by dividing the average weekly number of
individuals filing claims for weeks of unemployment with respect to
the specified period (as determined on the basis of the reports made
by the State agency to the Secretary) by the average monthly covered
employment for the specified period;
``(6) the rate of insured unemployment for any thirteen-week
period shall be determined by reference to the average monthly
covered employment under the State law for the first four of the
most recent six calendar quarters ending before the close of such
period; and
``(7) determinations with respect to the rate of insured
unemployment in a State shall be made by the State agency in
accordance with regulations prescribed by the Secretary.
For purposes of any State law which refers to an extension under Federal
law of the duration of benefits under the Federal-State Extended
Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II, set out
below], this Act shall be treated as amendatory of such Act.
``(b) [Recovery of 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 an amount of emergency compensation under this
Act to which he was not entitled, such individual--
``(A) shall be ineligible for further emergency 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
``(B) shall be subject to prosecution under section 1001 of
title 18, United States Code.
``(2)(A) In the case of individuals who have received amounts of
emergency compensation under this Act to which they were not entitled,
the State is authorized to require such individuals to repay the amounts
of such emergency compensation to the State agency, except that the
State agency may waive such repayment if it determines that--
``(i) the payment of such emergency compensation was without
fault on the part of any such individual, and
``(ii) such repayment would be contrary to equity and good
conscience.
``(B) The State agency may recover the amount to be repaid, or any
part thereof, by deductions from any emergency 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 three-year period after the date such individuals received the
payment of the emergency compensation to which they were not entitled,
except that no single deduction may exceed 50 per centum of the weekly
benefit amount from which such deduction is made.
``(C) 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.
``(3) Any determination by a State agency under paragraph (1) or (2)
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.''
[Section 101(b) of Pub. L. 95-19 provided that: ``The amendment made
by subsection (a) [amending section 102(f)(2) of Pub. L. 93-572, set out
above] shall apply to weeks of unemployment ending after March 31,
1977.'']
[Section 102(d) of Pub. L. 95-19 provided that: ``The amendments
made by this section [amending sections 102(b)(2)(A)(ii), (B),
(c)(3)(A)(ii), (e) and 105(a) of Pub. L. 93-572, set out above] shall
apply to weeks of unemployment ending after April 30, 1977. For purposes
of determining an individual's entitlement to emergency compensation for
weeks ending after April 30, 1977, there shall be taken into account any
emergency compensation paid to such individual for weeks which end after
the beginning of the individual's most recent benefit year and before
May 1, 1977.'']
[Section 103(b) of Pub. L. 95-19 provided that: ``The amendment made
by subsection (a) [amending section 104(b) of Pub. L. 93-572, set out
above] shall be effective on April 1, 1977.'']
[Section 104(b) of Pub. L. 95-19 provided that: ``The amendment made
by subsection (a) [enacting section 102(h) of Pub. L. 93-572, set out
above] shall apply to weeks of unemployment beginning after the date of
the enactment of this Act [Apr. 12, 1977].'']
[Section 105(b) of Pub. L. 95-19 provided that: ``The amendment made
by subsection (a) [enacting section 105(b) of Pub. L. 93-572, set out
above] shall take effect on the date of the enactment of this Act [Apr.
12, 1977].'']
[Section 107(b) of Pub. L. 95-19 provided that: ``The amendment made
by subsection (a) [amending section 102(b)(2) of Pub. L. 93-572, set out
above] shall apply to weeks of unemployment ending after the date of
enactment of this Act [Apr. 12, 1977].'']
[Section 116(f)(1) of Pub. L. 94-556, set out as an Effective Date
of 1976 Amendment note above, provided in part that the deletion of
``the Virgin Islands or'' from section 102(b)(1)(C) of the Emergency
Unemployment Compensation Act of 1974 shall take effect on the later of
Oct. 1, 1976, or the day after the day on which the Secretary of Labor
approves under section 3304(a) of this title an unemployment
compensation law submitted to him by the Virgin Islands for approval.]
[Section 101(g) of Pub. L. 94-45 provided that: ``The amendments
made by subsections (a) through (e) of this section [enacting sections
102(c)(3)(B)(i)(II) and 105(4)-(8) and amending section 102(b)(2),
(c)(3)(A)(ii), (c)(3)(B)(ii), (e) of Pub. L. 93-572, set out above]
shall be effective with respect to weeks of compensation which begin on
or after January 1, 1976.'']
[Section 106 of Pub. L. 94-45 provided in part that the enactment of
par. (4) of section 102(e) of Pub. L. 93-572, set out above, as that
section 102(e) is in effect on June 29, 1975, is effective July 1,
1975.]
Modification of Agreements With States To Reflect Amendments Under
Emergency Unemployment Compensation Extension Act of 1977
Section 106 of Pub. L. 95-19 provided that: ``The Secretary of Labor
shall, at the earliest practicable date after the date of the enactment
of this Act [Apr. 12, 1977], propose to each State with which he has in
effect an agreement under section 102 of the Emergency Compensation Act
of 1974 [Pub. L. 93-572, set out above] a modification of such agreement
designed to provide for the payment of emergency compensation under such
Act in accordance with the amendments made by this title [enacting
sections 102(h) and 105(b) of the Emergency Unemployment Compensation
Act of 1974, amending sections 102(b)(2), (c)(3)(A)(ii), (e), (f)(2),
104(b), and 105(a) of that Act, and enacting provisions set out as notes
under this section]. Notwithstanding any other provision of law, if any
State fails or refuses, within the 3-week period beginning on the date
the Secretary of Labor proposes such a modification of such State, to
enter into such a modification of such agreement, the Secretary of Labor
shall terminate such agreement effective with the end of the last week
which ends on or before the last day of such 3-week period.''
Modification of Agreements With States To Reflect Amendments Under
Unemployment Compensation Amendments of 1976
Section 604 of Pub. L. 94-566 provided that: ``The Secretary of
Labor shall, at the earliest practicable date after the date of the
enactment of this Act [Oct. 20, 1976], propose to each State with which
he has in effect an agreement under section 202 of the Emergency Jobs
and Unemployment Assistance Act of 1974 [Pub. L. 93-567, title II,
Sec. 202, set out below] a modification of such agreement designed to
provide for the payment of special unemployment assistance under such
Act in accordance with the amendments made by sections 601, 602, and 603
of this title [set out as a Special Unemployment Assistance Programs
note below]. Notwithstanding any other provision of law, if any State
fails or refuses, within the three-week period beginning on the date the
Secretary of Labor proposes such a modification to such State, to enter
into such a modification of such agreement, the Secretary of Labor shall
terminate such agreement effective with the end of the last week which
ends on or before the last day of such three-week period.''
Agreements Under Emergency Unemployment Compensation Act of 1974 To Be
Modified To Reflect Amendment of the Act by Emergency Compensation and
Special Unemployment Assistance Extension Act of 1975
Section 105 of Pub. L. 94-45, June 30, 1975, 89 Stat. 239, provided
that: ``The Secretary of Labor shall, at the earliest practicable date
after the date of the enactment of this Act [June 30, 1975], propose to
each State with which he has in effect an agreement under section 102 of
the Emergency Unemployment Compensation Act of 1974 [Pub. L. 93-567, set
out below] a modification of such agreement designed to provide for the
payment of the emergency compensation benefits allowable under such Act
by reason of the amendments made by this part. Notwithstanding any
provision of the Emergency Unemployment Compensation Act of 1974, if any
State fails or refuses, within the three-week period beginning on the
date of the enactment of this Act, to enter into such a modification of
such agreement, the Secretary of Labor shall terminate such agreement.''
Agreements Under Emergency Unemployment Compensation Act of 1974 To Be
Modified To Reflect Amendment of the Act by Tax Reduction Act of 1975
Pub. L. 94-12, title VII, Sec. 701(b), Mar. 29, 1975, 89 Stat. 66,
provided that: ``The Secretary of Labor shall, at the earliest
practicable date after the enactment of this Act [Mar. 29, 1975],
propose to each State with which he has in effect an agreement entered
into pursuant to section 102 of the Emergency Unemployment Compensation
Act of 1974 [Pub. L. 93-572, set out above] a modification of such
agreement designed to cause payments of emergency compensation
thereunder to be made in the manner prescribed by such Act, as amended
by subsection (a) of this section [amending section 102(e) of the
Emergency Unemployment Compensation Act of 1974]. Notwithstanding any
provision of the Emergency Unemployment Compensation Act of 1974, if any
such State shall fail or refuse, within a reasonable time after the date
of the enactment of this Act, to enter into such a modification of such
agreement, the Secretary of Labor shall terminate such agreement.''
National Commission on Unemployment Compensation
Section 411 of Pub. L. 94-566, as amended by Pub. L. 95-19, title
III, Sec. 303, Apr. 12, 1977, 91 Stat. 45; Pub. L. 96-84, Secs. 1(a),
(b), 2, 3(a), Oct. 10, 1979, 93 Stat. 653, 654, related to
establishment, membership, powers, duties, etc., of the National
Commission on Unemployment Compensation, and required a final report not
later than July 1, 1980, respecting findings, conclusions, and
recommendations, with termination of the Commission on the ninetieth day
after the date of submission of the final report to the President.
Special Unemployment Assistance Programs
Pub. L. 93-567, title II, Secs. 201-224, Dec. 31, 1974, 88 Stat.
1850-1853, as amended by Pub. L. 94-45, title II, Secs. 201-203, June
30, 1975, 89 Stat. 240-242; Pub. L. 94-444, Sec. 6(a), (b), Oct. 1,
1976, 90 Stat. 1481; Pub. L. 94-566, title VI, Secs. 601(a), 602(a)-(d),
603(a), Oct. 20, 1976, 90 Stat. 2689-2691; Pub. L. 96-499, title X,
Sec. 1021, Dec. 5, 1980, 94 Stat. 2656; Pub. L. 99-514, Sec. 2, Oct. 22,
1986, 100 Stat. 2095; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 405(d)(21), (f)(15)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-422,
2681-431, provided that:
``Part A--Special Unemployment Assistance
``statement of purpose
``Sec. 201. It is the purpose of this part to establish a temporary
Federal program of special unemployment assistance for workers who are
unemployed during a period of aggravated unemployment and who are not
otherwise eligible for unemployment allowances under any other law.
``grants to states: agreement with states
``Sec. 202. Each State which enters into an agreement with the
Secretary of Labor, pursuant to which it makes payments of special
unemployment assistance in accordance with the provisions of this part
and the rules and regulations prescribed by the Secretary of Labor
hereunder, shall be paid by the United States from time to time, prior
to audit or settlement by the General Accounting Office, such amounts as
are deemed necessary by the Secretary of Labor to carry out the
provisions of this part in the State. Assistance may be paid under this
part to individuals only pursuant to such an agreement.
``eligible individuals
``Sec. 203. (a) An individual shall be eligible to receive a payment
of assistance or waiting period credit with respect to a week of
unemployment occurring during and subsequent to a special unemployment
assistance period in accordance with the provisions of this part if--
``(1) the individual is not eligible for compensation under any
State or Federal unemployment compensation law (including the
Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.)) with
respect to such week of unemployment, and is not receiving
compensation with respect to such week of unemployment under the
unemployment compensation law of Canada and is not eligible for
assistance or an allowance payable with respect to such week of
unemployment under such laws as the Public Works and Economic
Development Act Amendments of 1974 [42 U.S.C. 3121 et seq.], the
Disaster Relief Act of 1974 [42 U.S.C. 5121 et seq.], the Trade
Expansion Act of 1962, as amended [19 U.S.C. 1801 et seq.], or any
successor legislation or similar legislation, as determined by the
Secretary: Provided, That the individual meets the qualifying
employment and wage requirements of the applicable State
unemployment compensation law in the base period; and, for purposes
of this proviso, employment and wages which are not covered by the
State law shall be treated as though they were covered, except that
employment and wages covered by any State or Federal unemployment
compensation law, including the Railroad Unemployment Insurance Act
(45 U.S.C. 351 et seq.), shall be excluded to the extent that the
individual is or was entitled to compensation for unemployment
thereunder on the basis of such employment and wages; and
``(2) the individual is totally or partially unemployed, and is
able to work, available for work, and seeking work, within the
meaning of, or as required by, the applicable State unemployment
compensation law, and is not subject to disqualification under that
law; and
``(3) the individual has filed a claim for assistance or waiting
period credit under this part; and
``(4) in the area in which the individual was last employed for
at least five work days prior to filing a claim under this part for
assistance or waiting period credit with respect to such week of
unemployment, a special unemployment assistance period is in effect
with respect to such week of unemployment: Provided, That if the
individual, except for the imposition of a disqualification in
accordance with paragraph (2), was otherwise eligible for a payment
of assistance or waiting period credit under this part with respect
to a week of unemployment which began during a special unemployment
assistance period, but did not exhaust entitlement to assistance
during such period, entitlement shall continue after the end of the
period but no assistance shall be paid under this part for any week
of unemployment that begins more than twenty-six weeks after the end
of such period; and
``(5) the State in which the individual was last employed for at
least five work days prior to filing a claim under this part for
assistance or waiting period credit with respect to such week of
unemployment, has an agreement with the Secretary of Labor under
section 202 which is in effect with respect to such week of
unemployment.
``(b) An individual who performs services in an instructional,
research, or principal administrative capacity for an educational
institution or agency shall not be eligible to receive a payment of
assistance or a waiting period credit with respect to any week
commencing during the period between two successive academic years (or,
when the contract provides instead for a similar period between two
regular but not successive terms, during such similar period) if--
``(1) such individual performed services in any such capacity
for any educational institution or agency in the first of such
academic years or terms; and
``(2) such individual has a contract to perform services in any
such capacity for any educational institution or agency for the
later of such academic years or terms.
``(c) An individual who performs services for an educational
institution or agency in a capacity (other than an instructional,
research, or principal administrative capacity) shall not be eligible to
receive a payment of assistance or a waiting period credit with respect
to any week commencing during a period between two successive academic
years or terms if--
``(1) such individual performed such services for any
educational institution or agency in the first of such academic
years or terms; and
``(2) there is a reasonable assurance that such individual will
perform services for any educational institution or agency in any
capacity (other than an instructional, research, or principal
administrative capacity) in the second of such academic years or
terms.
``special unemployment assistance period
``Sec. 204. (a) A special unemployment assistance period shall
commence in an area designated by the Secretary with the third week
after the first week for which the Secretary determines that there is an
`on' indicator for such area, and shall terminate with the third week
after the first week for which the Secretary determines that there is an
`off' indicator for such area except that no special unemployment
assistance period shall have a duration of less than thirteen weeks.
``(b) The Secretary shall designate as an area under this section an
area that is a local workforce investment area designated under section
116 of the Workforce Investment Act of 1998 [29 U.S.C. 2831].
``(c) There is an `on' indicator in an area for a week, if for the
most recent three consecutive calendar months for which data are
available the Secretary determines that--
``(1) the rate (seasonally adjusted) of national unemployment
averaged 6 per centum or more; or
``(2) the rate of unemployment in the area averaged 6.5 per
centum or more.
``(d) There is an `off' indicator for a week, if for the most recent
three consecutive calendar months for which data are available the
Secretary determines that both subsections (c)(1) and (c)(2) are not
satisfied.
``(e) The determinations made under this section shall take into
account the rates of unemployment for three consecutive months, even
though any or all of such months may have occurred not more than three
complete calendar months prior to the enactment of this Act [Dec. 31,
1974].
``weekly benefit amount
``Sec. 205. (a) The amount of assistance under this part to which an
eligible individual shall be entitled for a week of unemployment shall
be the weekly benefit amount for a week of unemployment that would be
payable to the individual as regular compensation as computed under the
provisions of the applicable State unemployment compensation law. For
purposes of the preceding sentence, employment and wages which are not
covered by the applicable State unemployment compensation law shall be
treated as though they were covered, except that employment and wages
covered by any State or Federal unemployment compensation law, including
the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall
be excluded to the extent that the individual is or was entitled to
compensation for unemployment thereunder on the basis of such employment
and wages.
``(b) Notwithstanding any provisions of State law, claims for
assistance under this part may be determined, where an employment record
is not available, on the basis of an affidavit submitted by an
applicant.
``(c) 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 assistance
under this part to which he was not entitled, such individual--
``(1) shall be ineligible for further assistance under this part
in accordance with the provisions of the applicable State
unemployment compensation law relating to fraud in connection with a
claim for unemployment compensation; and
``(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
``(d)(1) In the case of individuals who have received amounts of
assistance under this part to which they were not entitled, the State is
authorized to require such individuals to repay the amounts of such
assistance to the State agency, except that the State agency may waive
such repayment if it determines that--
``(A) the payment of such assistance was without fault on the
part of any such individual, and
``(B) such repayment would be contrary to equity and good
conscience.
``(2) The State agency may recover the amount to be repaid, or any
part thereof, by deductions from any assistance payable under this part
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 three-year period after
the date such individuals received the payment of the assistance to
which they were not entitled, except that no single deduction may exceed
50 per centum of the weekly benefit amount from which such deduction is
made.
``(3) 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.
``(e) Any determination by a State agency under subsection (c) or
(d) 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.
``maximum benefits amount
``Sec. 206. (a) Except as provided by subsection (b), the maximum
amount of assistance under this part which an eligible individual shall
be entitled to receive during any special unemployment assistance
benefit year shall be 150 per centum of the maximum amount that would
have been payable to such individual during such benefit year as
computed under the provisions of the applicable State unemployment
compensation law, but not exceeding thirty-nine times the weekly benefit
payable to the individual for a week of total unemployment as determined
under subsection (a) of section 205. For purposes of the preceding
sentence, employment and wages which are not covered by the applicable
State unemployment compensation law shall be treated as though they were
covered, except that employment and wages covered by any State or
Federal unemployment compensation law, including the Railroad
Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to
the extent that the individual is or was entitled to compensation for
unemployment thereunder on the basis of such employment and wages.
``(b) In the case of any individual who files a claim for assistance
under this part during a benefit year which such individual has
established under any State unemployment compensation law, the maximum
amount of assistance under this part which such individual shall be
entitled to receive during the special unemployment assistance benefit
year established pursuant to such claim (as determined under subsection
(a) without regard to this subsection) shall be reduced by the amount of
any unemployment compensation received during the benefit year
established under the State unemployment compensation law.
``applicable state law provisions
``Sec. 207. Except where inconsistent with the provisions of this
part, the terms and conditions of the applicable State unemployment
compensation law which apply to claims thereunder for regular
compensation and the payment thereof shall apply to claims for
assistance under this part and the payment thereof.
``termination date
``Sec. 208. Notwithstanding any other provision of this part, no
payment of assistance under this part shall be made to any individual
with respect to any week of unemployment ending after June 30, 1978; and
no individual shall be entitled to any assistance under this part with
respect to any initial claim for assistance or waiting period credit
which is effective in a week beginning after December 31, 1977.
``authorization of appropriations
``Sec. 209. There are hereby authorized to be appropriated for
purposes of this part such sums as may be necessary.
``definitions
``Sec. 210. (a) As used in this part the term--
``(1) `Secretary' means the Secretary of Labor;
``(2) `State' means the States of the United States, the
District of Columbia, Puerto Rico, and the Virgin Islands;
``(3) `applicable State unemployment compensation law' means the
law of the State in which the individual was last employed for at
least five work days prior to filing a claim for assistance or
waiting period credit under this part;
``(4) `week' means a calendar week;
``(5) `State agency' means the agency of the State which
administers the program established by this part;
``(6) `special unemployment assistance benefit year' means the
benefit year as defined by the applicable State unemployment
compensation law; and
``(7) `base period' means the base period as determined under
the applicable State unemployment compensation law.
``(b) Assistance under this part shall not be considered to be
regular compensation for purposes of qualifying for benefits under the
Federal-State Extended Unemployment Compensation Act of 1970 [Pub. L.
91-373, title II, set out below], and claims filed under this part shall
not be treated as claims for weeks of unemployment for purposes of
determining the rate of insured unemployment under section 203(f)(1) of
such Act.
``(c) Employment and wages which are not covered by the State law
may be treated, under sections 203(a)(1), 205(a), and 206(a), as though
they were covered only if the employment--
``(1) is performed by an employee (as defined in section 3121(d)
of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], and
``(2) constitutes employment as determined under section 3306(c)
of such Code without regard to paragraphs (1) through (9),
(10)(B)(ii), (14), (15), and (17) of such section.
For purposes of paragraph (2), section 3306(c) of such Code shall be
applied as if the term `United States' includes the Virgin Islands.
``Part B--Reimbursement for Unemployment Benefits Paid on Basis of
Public Service Employment
``payments to states
``Sec. 220. (a) Each State shall be paid by the United States with
respect to each individual--
``(1) who receives compensation with respect to any benefit
year, and
``(2) whose base period wages for such benefit year include
public service wages.
an amount which bears the same ratio to the total amount of compensation
paid to such individual with respect to such benefit year for weeks of
unemployment which begin on or after January 1, 1976, as the amount of
the public service wages included in the individual's base period wages
bears to the total amount of the individual's base period wages.
``(b) Each State shall be paid, either in advance or by way of
reimbursement, as may be determined by the Secretary, the sum that the
Secretary estimates is payable to such State under this part for each
calendar month. The sum shall be reduced or increased by the amount
which the Secretary finds that his estimate for an earlier calendar
month was greater or less than the sum which should have been paid to
the State. Estimates shall be made on the basis of reports made by the
State to the Secretary as prescribed by the Secretary.
``(c) The Secretary shall, from time to time, certify to the
Secretary of the Treasury the sum payable to each State under this part.
The Secretary of the Treasury, prior to audit and settlement by the
General Accounting Office, shall pay the State in accordance with the
certification from funds for carrying out the purposes of this part.
``(d) Money paid to a State under this part may be used solely for
the purpose of paying compensation. Money so paid which is not used for
such purpose shall be returned, at the time specified by the Secretary,
to the Treasury of the United States and credited to current applicable
appropriations, funds, or accounts from which payments to States under
this part may be made.
``(e) In the case of any political subdivision of a State which has
in effect an unemployment compensation program which provides for the
payment of compensation on the basis of services performed in its
employ, such political subdivision shall be entitled to payments under
this part in the same manner and to the same extent as if such political
subdivision were a State.
``state law provisions
``Sec. 221. (a) The unemployment compensation law of any State may
provide that any organization which elects to make payments (in lieu of
contributions) into the State unemployment compensation fund--
``(1) shall not be liable to make such payments after the date
of the enactment of this section with respect to any compensation to
the extent that such State is entitled to payments with respect to
such compensation under this part; and
``(2) shall receive credit against payments required to be made
after such date of enactment for any such payments made on or before
such date of enactment to the extent that such payments were made
with respect to compensation for which the State is entitled to
receive payments under this part.
``(b) The unemployment compensation law of any State may, without
being deemed to violate the standards set forth in section 3303(a) of
the Internal Revenue Code of 1986, provide for appropriate adjustments,
as may be determined by the Secretary, in the account of any employer
who has paid public service wages to reflect the payments to which such
State is entitled under this part with respect to compensation
attributable to such wages.
``authorization of appropriations
``Sec. 222. There are hereby authorized to be appropriated for
purposes of this part such sums as may be necessary.
``definitions
``Sec. 223. As used in this part, the term--
``(1) `State' means the States of the United States, the
District of Columbia, Puerto Rico, and the Virgin Islands;
``(2) `compensation' means cash benefits payable to individuals
with respect to their unemployment, except that such term shall not
include special unemployment assistance payable under part A;
``(3) `public service job' means any public service job funded
with assistance provided under title I of the Workforce Investment
Act of 1998 [29 U.S.C. 2801 et seq.];
``(4) `public service wages' means remuneration for services
performed in a public service job to the extent that such
remuneration is paid with funds provided under title I of the
Workforce Investment Act of 1998;
``(5) `benefit year' means the benefit year as defined by the
applicable State unemployment compensation law;
``(6) `base period' means the base period as defined by the
applicable State unemployment compensation law for the benefit year;
and
``(7) `Secretary' means the Secretary of Labor.
``termination
``Sec. 224. Notwithstanding any other provision of this part, the
term `public service wages' shall not include remuneration for services
performed in weeks which begin after the date of the enactment of this
section [Dec. 5, 1980].''
[Section 602(e) of Pub. L. 94-566 provided that: ``The amendments
made by this section [amending sections 203(a)(1), 205(a), 206(a), and
210(a) of the Emergency Jobs and Unemployment Assistance Act of 1974,
Pub. L. 93-567, set out above] shall apply with respect to benefit years
beginning after December 31, 1976. In the case of any benefit year of an
individual which begins after December 31, 1976, for purposes of
sections 203(a)(1), 205(a), and 206(a) of the Emergency Jobs and
Unemployment Assistance Act of 1974, there shall not be taken into
account any employment and wages to the extent that such individual was
entitled on the basis of such employment and wages to assistance under
such Act during a benefit year beginning before January 1, 1977.'']
[Section 603(b) of Pub. L. 94-566 provided that: ``The amendment
made by subsection (a) [enacting subsec. (c) of section 203 of the
Emergency Jobs and Unemployment Assistance Act of 1974, Pub. L. 93-567,
set out above] shall apply to weeks of unemployment beginning after the
date of the enactment of this Act [Oct. 20, 1976].'']
[Section 6(c) of Pub. L. 94-444 provided that: ``The amendments made
by this section [enacting sections 220 to 223 and amending sections 201
to 203 and 205 to 210 of the Emergency Jobs and Unemployment Assistance
Act of 1974, Pub. L. 93-567, set out above] shall take effect on October
1, 1976, with respect to compensation paid for weeks of unemployment
beginning after December 31, 1975.'']
[Section 204(b)-(e) of Pub. L. 94-45 provided that:
[``(b) Assistance shall be payable to individuals under agreements
entered into by States under title II of the Emergency Jobs and
Unemployment Assistance Act of 1974 [Pub. L. 93-567, set out above], by
reason of the amendments made by section 201 of this Act [amending
sections 206 and 208 of the Emergency Jobs and Unemployment Assistance
Act of 1974], for weeks of unemployment beginning on or after July 1,
1975.
[``(c) The amendments made by section 202 and subsections (c) and
(d) of section 203 [enacting sections 203(b) and 206(b) of the Emergency
Jobs and Unemployment Assistance Act of 1974] shall apply to weeks of
unemployment beginning after the date of the enactment of this Act [June
30, 1975].
[``(d) The amendment made by section 203(a) [enacting section 210(c)
of the Emergency Jobs and Unemployment Assistance Act of 1974] shall
take effect on December 31, 1974.
[``(e) The amendments made by subsections (b) and (e) of section 203
[enacting sections 205(c) to (e) and 210(a)(5) and (6) of the Emergency
Jobs and Unemployment Assistance Act of 1974] shall take effect on the
date of the enactment of this Act [June 30, 1974].'']
Agreements Under Special Unemployment Assistance Program To Be Modified
To Reflect Amendment of Program by Emergency Compensation and Special
Unemployment Assistance Extension Act of 1975
Section 204(a) of Pub. L. 94-45, June 30, 1975, 89 Stat. 242,
provided that: ``The Secretary of Labor shall, at the earliest
practicable date after the date of the enactment of this Act [June 30,
1975], propose to each State with which he has in effect an agreement
under section 202 of the Emergency Jobs and Unemployment Assistance Act
of 1974 [Pub. L. 93-567, title II, set out above] a modification of such
agreement designed to provide for the payment of the special
unemployment assistance allowable under such Act by reason of the
amendments made by section 201 [amending sections 206 and 208 of the
Emergency Jobs and Unemployment Assistance Act of 1974]. Notwithstanding
any other provision of law, if any State fails or refuses, within the
three-week period beginning on the date of the enactment of this Act
[June 30, 1975], to enter into such a modification of any such
agreement, the Secretary of Labor shall terminate such agreement.''
Special Unemployment Assistance Programs; Individuals Performing
Services for Educational Institutions or Agencies
Pub. L. 94-32, title I, Sec. 101, June 12, 1975, 89 Stat. 178,
provided in part that: ``Funds appropriated by this Act [Second
Supplemental Appropriations Act, 1975], or any other Act, for the
payments of special unemployment assistance under title II of the
Emergency Jobs and Unemployment Assistance Act of 1974 [Pub. L. 93-567,
title II, set out above] shall not be used for making such payments of
assistance or waiting period credit, beginning after the date of
enactment of this Act [June 12, 1975], to any individual who performs
services in an instructional, research, or principal administrative
capacity for an educational institution or agency with respect to any
week commencing during the period between two successive academic years
(or, when the contract provides instead for a similar period between two
regular but not successive terms, during such similar period) if--
``(1) such individual performed services in any such capacity
for any educational institution or agency for the first of such
academic years or terms; and
``(2) such individual has a contract to perform services in any
such capacity for any educational institution or agency for the
latter of such academic years or terms.''
Emergency Unemployment Compensation Act of 1971
Pub. L. 92-224, title II, Secs. 201-206, Dec. 29, 1971, 85 Stat.
811-814, as amended by Pub. L. 92-329, Secs. 1, 2(e), June 30, 1972, 86
Stat. 398; Pub. L. 93-368, Sec. 4(a), Aug. 7, 1974, 88 Stat. 420; Pub.
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided:
``Sec. 201 [Short title]. This title may be cited as the `Emergency
Unemployment Compensation Act of 1971'.
``Sec. 202 [Federal-State agreements]. (a) [State law requirements;
termination of agreement] Any State, the State unemployment compensation
law of which is approved by the Secretary of Labor (hereinafter in this
title referred to as the `Secretary'), under section 3304 of the
Internal Revenue Code of 1986 [formerly I.R.C. 1954], which desires to
do so, may enter into and participate in an agreement with the Secretary
under this title, if such State law contains (as of the date such
agreement is entered into) a requirement that extended compensation be
payable thereunder as provided by the Federal-State Extended
Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II, set out
below]. 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) [Emergency compensation] Any such agreement shall provide that
the State agency of the State will make payments of emergency
compensation--
``(1) to individuals who--
``(A)(i) have exhausted all rights to regular compensation
under the State law;
``(ii) have exhausted all rights to extended compensation,
or are not entitled thereto, because of the ending of their
eligibility period for extended compensation, in such State;
``(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
``(C) are not receiving compensation with respect to such
week under the unemployment compensation law of the Virgin
Islands or Canada.
``(2) for any week of unemployment which begins in--
``(A) an emergency benefit period (as defined in subsection
(c)(3)); and
``(B) the individual's period of eligibility (as defined in
section 205(b)).
``(c) [Regular and extended compensation rights, exhaustion;
emergency benefit period; publication in Federal Register; State
``emergency on'' and ``emergency off'' indicators; rate of unemployment
13-week exhaustion rates] (1) For purposes of subsection (b)(1)(A), an
individual shall be deemed to have exhausted his rights to regular
compensation under a State law when--
``(A) no payments of regular compensation can be made under such
law because such individual has re-received all regular compensation
available to him based on employment or wages during his base
period; or
``(B) his rights to such compensation have been terminated by
reason of the expiration of the benefit year with respect to which
such rights existed.
``(2) For purposes of subsection (b)(1)(B), an individual shall be
deemed to have exhausted his rights to extended compensation under a
State law when no payments of extended compensation under a State law
can be made under such law because such individual has received all the
extended compensation available to him from his extended compensation
account (as established under State law in accordance with section
202(b)(1) of the Federal-State Extended Unemployment Compensation Act of
1970 [Pub. L. 91-373, title II, Sec. 202(b)(1), set out below]).
``(3)(A)(i) For purposes of subsection (b)(2)(A), in the case of any
State, an emergency benefit period--
``(I) shall begin with the third week after a week for which
there is a State `emergency on' indicator; and
``(II) shall end with the third week after the first week for
which there is a State `emergency off' indicator.
``(ii) In the case of any State, no emergency benefit period shall
last for a period of less than 26 consecutive weeks.
``(iii) When a determination has been made that an emergency benefit
period is beginning or ending with respect to any State, the Secretary
shall cause notice of such determination to be published in the Federal
Register.
``(B)(i) For purposes of subparagraph (A), there is a State
`emergency on' indicator for a week if--
``(I) the rate of unemployment (as determined under subparagraph
(C)) in the State for the period consisting of such week and the
immediately preceding 12 weeks equaled or exceeded 6.5 per centum;
and
``(II) there (a) is a State or National `on' indicator for such
week (as determined under subsections (d) and (e) of section 203 of
the Federal-State Extended Unemployment Compensation Act of 1970
[Pub. L. 91-373, title II, Sec. 203(d), (e), set out below], or (b)
there is neither a State nor National `on' indicator for such week
(as so determined), but (1) within the 52-week period ending with
such week there has been a State or National `on' indicator for a
week (as so determined), and (2) there would be a State `on'
indicator for such week except for the provisions of section
203(e)(1)(A) of the Federal-State Extended Unemployment Compensation
Act of 1970.
``(ii) For purposes of subparagraph (A), there is a State `emergency
off' indicator for a week if, for the period consisting of such week and
the immediately preceding 12 weeks, the rate of unemployment (as
determined under subparagraph (C)) is less than 6.5 per centum.
``(C)(i) For purposes of subparagraph (B), the term `rate of
unemployment' means--
``(I) the rate of insured unemployment (as determined under
section 203(f) of the Federal-State Extended Unemployment
Compensation Act of 1970 [Pub. L. 91-373, title II, Sec. 203(f), set
out below]), plus
``(II) the 13-week exhaustion rate (as determined under clause
(ii)).
``(ii) The `13-week exhaustion rate' is the percentage arrived at by
dividing--
``(I) 25 per centum of the sum of the exhaustions, during the
most recent 12 calendar months ending before the week with respect
to which such rate is computed, of regular compensation under the
State law, by
``(II) the average monthly covered employment (as that term is
used in section 203(f) of the Federal-State Extended Unemployment
Compensation Act of 1970 [Pub. L. 91-373, title II, Sec. 203(f), set
out below]) of the State with respect to the 13-week period referred
to in subparagraph (B)(ii).
``(d) [Amount of emergency compensation; terms and conditions of
State law for regular compensation] For purposes of any agreement under
this title--
``(1) the amount of the emergency 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 him during his benefit year under
the State law; and
``(2) the terms and conditions of the State law which apply to
claims for regular compensation and to the payment thereof shall
(except where inconsistent with the provisions of this title or
regulations of the Secretary promulgated to carry out this title)
apply to claims for emergency compensation and the payment thereof.
``(e) [Emergency compensation account] (1) Any agreement under this
title with a State shall provide that the State will establish, for each
eligible individual who files an application for emergency compensation,
an emergency compensation account.
``(2) The amount established in such account for any individual
shall be equal to the lesser of--
``(A) 50 per centum of the total amount of regular compensation
(including dependents allowances) payable to him with respect to the
benefit year (as determined under the State law) on the basis of
which he most recently received regular compensation; or
``(B) thirteen times his average weekly benefit amount (as
determined for purposes of section 202(b)(1)(C) of the Federal-State
Extended Unemployment Compensation Act of 1970 [Pub. L. 91-373,
title II, Sec. 202(b)(1)(C), set out below]) for his benefit year.
``(f) [Effective dates] No emergency compensation shall be payable
to any individual under an agreement entered into under this title for
any week prior to the week following the week in which such agreement is
entered into, or if later, the first week beginning more than 30 days
after the date of enactment of this Act [Dec. 29, 1971]. No emergency
compensation shall be payable to any individual under such an agreement
for any week ending after--
``(1) December 31, 1972, or
``(2) March 31, 1973, in the case of an individual who (for a
week ending before January 1, 1973) had a week with respect to which
emergency compensation was payable under such agreement.
``Sec. 203. [Payments to States having agreements for the payment of
emergency compensation]. (a) [Amount payable] There shall be paid to
each State which has entered into an agreement under this title an
amount equal to 100 per centum of the emergency compensation paid to
individuals by the State pursuant to such agreement.
``(b) [Limitation] No payment shall be made to any State under this
section in respect of compensation for which the State is entitled to
reimbursement under the provisions of any Federal law other than this
title.
``(c) [Calendar month basis; advances, reimbursement, and
adjustments; method for estimates] Sums payable to any State by reason
of such State's 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 his estimates for any prior calendar month were
greater or less than the amounts which would 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. 204 [Financing provisions]. (a) [Use of extended unemployment
compensation account funds; certification] (1) Funds in the extended
unemployment compensation account (as established by section 905 of the
Social Security Act) [42 U.S.C. 1105] of the Unemployment Trust Fund
shall be used for the making of payments to States having agreements
entered into under this title.
``(2) 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 established by section
905 of the Social Security Act) [42 U.S.C. 1105] to the account of such
State in the Unemployment Trust Fund.
``(b) [Authorization of appropriations; repayment of advances
without interest] There are hereby authorized to be appropriated,
without fiscal year limitation, to the extended unemployment
compensation account, as repayable advances (without interest), such
sums as may be necessary to carry out the purposes of this title.
Amounts appropriated as repayable advances and paid to the States under
section 203 shall be repaid, without interest, as provided in section
905(d) of the Social Security Act [42 U.S.C. 1105(d)].
``(c) [Subsec. (c) of section 204 enacted par. (3) of 42 U.S.C.
1103(b)].
``Sec. 205 [Definitions]. For purposes of this title--
``(a) the terms `compensation', `regular compensation', `extended
compensation', `base period', `benefit year', `State', `State agency',
`State law', and `week' shall have the meanings assigned to them under
section 205 of the Federal-State Extended Unemployment Compensation Act
of 1970 [Pub. L. 91-373, title II, Sec. 205, set out below].
``(b) the term `period of eligibility' means, in the case of any
individual, the weeks in his benefit year which begin in an extended
benefit period or an emergency benefit period and, if his benefit year
ends within such extended benefit period, any weeks thereafter which
begin in such extended benefit period or in such emergency benefit
period; and
``(c) the term `extended benefit period' shall have the meaning
assigned to such term under section 203 of the Federal-State Extended
Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II,
Sec. 203, set out below]. For purposes of any State law which refers to
an extension under Federal law of the duration of benefits under the
Federal-State Extended Unemployment Compensation Act of 1970, this title
shall be treated as amendatory of such Act.
``Sec. 206 [Report by Secretary of Labor]. (a) The Secretary of
Labor shall conduct a comprehensive study and review of the program
established by the Emergency Unemployment Compensation Act of 1971, with
a view to submitting to the Congress the report required to be submitted
under subsection (b). Such study and review shall be conducted with
particular regard to (1) the benefit payments made under such program,
(2) projections of benefit payments which will be payable under such
program after the period covered by such report, (3) the desirability of
continuing such program after the period prescribed in section 202(f),
and (4) the funding of the benefits payable under such program and the
funding of benefits thereunder if such program should be continued after
the period prescribed in section 202(f).
``(b) On or before May 1, 1972, the Secretary of Labor shall submit
to the Congress a full and complete report on the study and review
provided for in subsection (a). Such report shall cover the period
ending March 31, 1972, and shall contain the recommendations of the
Secretary of Labor with respect to such program, including but not
limited to, the operation and funding of such program, and the
desirability of extending such program after the period prescribed in
section 202(f).''
Federal-State Extended Unemployment Compensation Act of 1970
Pub. L. 91-373, title II, Secs. 201-207, Aug. 10, 1970, 84 Stat.
708-712, as amended by Pub. L. 92-599, title V, Sec. 501, Oct. 27, 1972,
86 Stat. 1326; Pub. L. 93-53, Sec. 5, July 1, 1973, 87 Stat. 137; Pub.
L. 93-233, Sec. 20, Dec. 31, 1973, 87 Stat. 974; Pub. L. 93-256, Sec. 2,
Mar. 28, 1974, 88 Stat. 53; Pub. L. 93-329, Sec. 2, June 30, 1974, 88
Stat. 288; Pub. L. 93-368, Sec. 3, Aug. 7, 1974, 88 Stat. 420; Pub. L.
93-572, Secs. 106-108, Dec. 31, 1974, 88 Stat. 1872; Pub. L. 94-45,
title I, Sec. 102(b), June 30, 1975, 89 Stat. 238; Pub. L. 94-566, title
I, Sec. 116(d)(1), (2), title II, Sec. 212(a), title III, Sec. 311(a),
(b), Oct. 20, 1976, 90 Stat. 2672, 2677, 2678; Pub. L. 96-364, title IV,
Sec. 416(a), Sept. 26, 1980, 94 Stat. 1310; Pub. L. 96-499, title X,
Secs. 1022(a), 1024(a), Dec. 5, 1980, 94 Stat. 2656, 2658; Pub. L. 97-
35, title XXIV, Secs. 2401(a), (b), 2402(a), 2403(a), 2404(a), (b),
title XXV, Sec. 2505(b), Aug. 13, 1981, 95 Stat. 874, 875, 876, 884;
Pub. L. 97-248, title I, Sec. 191(a), Sept. 3, 1982, 96 Stat. 407; Pub.
L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1081; Pub. L. 98-
21, title V, Sec. 522(a), Apr. 20, 1983, 97 Stat. 148; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102-318, title II,
Secs. 201, 202(a)(1), (b)(1), July 3, 1992, 106 Stat. 295, 296,
provided:
``Sec. 201. [Short Title] This title may be cited as the `Federal-
State Extended Unemployment Compensation Act of 1970'.
``Sec. 202. [Payment of Extended Compensation]
``(a) [State Law Requirements] (1) For purposes of section
3304(a)(11) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954],
a State law shall provide the payment of extended compensation shall be
made, for any week of unemployment which begins in the individual's
eligibility period, to individuals who have exhausted all rights to
regular compensation under the State law and who have no rights to
regular compensation with respect to such week under such law or any
other State unemployment compensation law or to compensation under any
other Federal law and are not receiving compensation with respect to
such week under the unemployment compensation law of Canada. For
purposes of the preceding sentence, an individual shall have exhausted
his rights to regular compensation under a State law (A) when no
payments of regular compensation can be made under such law because such
individual has received all regular compensation available to him based
on employment or wages during his base period, or (B) when his rights to
such compensation have terminated by reason of the expiration of the
benefit year with respect to which such rights existed.
``(2) Except where inconsistent with the provisions of this title,
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 extended compensation and to the payment thereof.
``(3)(A) Notwithstanding the provisions of paragraph (2), payment of
extended compensation under this Act [see Short Title of 1970 Amendment
note set out under section 3311 of this title] shall not be made to any
individual for any week of unemployment in his eligibility period--
``(i) during which he fails to accept any offer of suitable work
(as defined in subparagraph (c) [probably means subpar. (C)]) or
fails to apply for any suitable work to which he was referred by the
State agency; or
``(ii) during which he fails to actively engage in seeking work,
unless such individual is not actively engaged in seeking work
because such individual is, as determined in accordance with State
law--
``(I) before any court of the United States or any State
pursuant to a lawfully issued summons to appear for jury duty
(as such term may be defined by the Secretary of Labor), or
``(II) hospitalized for treatment of an emergency or a life-
threatening condition (as such term may be defined by such
Secretary),
if such exemptions in clauses (I) and (II) apply to recipients of
regular benefits, and the State chooses to apply such exemptions for
recipients of extended benefits.
``(B) If any individual is ineligible for extended compensation for
any week by reason of a failure described in clause (i) or (ii) of
subparagraph (A), the individual shall be ineligible to receive extended
compensation for any week which begins during a period which--
``(i) begins with the week following the week in which such
failure occurs, and
``(ii) does not end until such individual has been employed
during at least 4 weeks which begin after such failure and the total
of the remuneration earned by the individual for being so employed
is not less than the product of 4 multiplied by the individual's
average weekly benefit amount (as determined for purposes of
subsection (b)(1)(c) [probably means subsec. (b)(1)(C)]) for his
benefit year.
``(C) For purposes of this paragraph, the term `suitable work'
means, with respect to any individual, any work which is within such
individual's capabilities; except that, if the individual furnishes
evidence satisfactory to the State agency that such individual's
prospects for obtaining work in his customary occupation within a
reasonably short period are good, the determination of whether any work
is suitable work with respect to such individual shall be made in
accordance with the applicable State law.
``(D) Extended compensation shall not be denied under clause (i) of
subparagraph (A) to any individual for any week by reason of a failure
to accept an offer of, or apply for, suitable work--
``(i) if the gross average weekly remuneration payable to such
individual for the position does not exceed the sum of--
``(I) the individual's average weekly benefit amount (as
determined for purposes of subsection (b)(1)(C)) for his benefit
year, plus
``(II) the amount (if any) of supplemental unemployment
compensation benefits (as defined in section 501(c)(17)(D) of
the Internal Revenue Code of 1986) payable to such individual
for such week;
``(ii) if the position was not offered to such individual in
writing and was not listed with the State employment service;
``(iii) if such failure would not result in a denial of
compensation under the provisions of the applicable State law to the
extent that such provisions are not inconsistent with the provisions
of subparagraphs (C) and (E); or
``(iv) if the position pays wages less than the higher of--
``(I) the minimum wage provided by section 6(a)(1) of the
Fair Labor Standards Act of 1938 [29 U.S.C. 206(a)(1)], without
regard to any exemption; or
``(II) any applicable State or local minimum wage.
``(E) For purposes of this paragraph, an individual shall be treated
as actively engaged in seeking work during any week if--
``(i) the individual has engaged in a systematic and sustained
effort to obtain work during such week, and
``(ii) the individual provides tangible evidence to the State
agency that he has engaged in such an effort during such week.
``(F) For purposes of section 3304(a)(11) of the Internal Revenue
Code of 1986, a State law shall provide for referring applicants for
benefits under this Act [see Short Title of 1970 Amendment note set out
under section 3311 of this title] to any suitable work to which clauses
(i), (ii), (iii), and (iv) of subparagraph (D) would not apply.
``(4) No provision of State law which terminates a disqualification
for voluntarily leaving employment, being discharged for misconduct, or
refusing suitable employment shall apply for purposes of determining
eligibility for extended compensation unless such termination is based
upon employment subsequent to the date of such disqualification.
``(5) Notwithstanding the provisions of paragraph (2), an individual
shall not be eligible for extended compensation 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. For
purposes of this paragraph, the equivalent in insured wages shall be
earnings covered by the State law for compensation purposes which exceed
40 times the individual's most recent weekly benefit amount or 1\1/2\
times the individual's insured wages in that calendar quarter of the
base period in which the individual's insured wages were the highest (or
one such quarter if his wages were the same for more than one such
quarter). The State shall by law provide which one or more of the
foregoing methods of measuring employment and earnings shall be used in
that State.
``(6) No payment shall be made under this Act [see Short Title of
1970 Amendment note set out under section 3311 of this title] to any
State in respect of any extended compensation or sharable regular
compensation paid to any individual for any week if, under the rules of
paragraphs (3), (4), and (5), extended compensation would not have been
payable to such individual for such week.
``(7) Paragraphs (3) and (4) shall not apply to weeks of
unemployment beginning after March 6, 1993, and before January 1, 1995,
and no provision of State law in conformity with such paragraphs shall
apply during such period.
``(b) [Individual's Compensation Accounts] (1) The State law shall
provide that the State will establish, for each eligible individual who
files an application therefor, an extended compensation account with
respect to such individual's benefit year. The amount established in
such account shall be not less than whichever of the following is the
least:
``(A) 50 per centum of the total amount of regular compensation
(including dependents' allowances) payable to him during such
benefit year under such law,
``(B) thirteen times his average weekly benefit amount, or
``(C) thirty-nine times his average weekly benefit amount,
reduced by the regular compensation paid (or deemed paid) to him
during such benefit year under such law;
except that the amount so determined shall (if the State law so
provides) be reduced by the aggregate amount of additional compensation
paid (or deemed paid) to him under such law for prior weeks of
unemployment in such benefit year which did not begin in an extended
benefit period.
``(2) For purposes of paragraph (1), an individual's weekly benefit
amount for a week is the amount of regular compensation (including
dependents' allowances) under the State law payable to such individual
for such week for total unemployment.
``(3)(A) Effective with respect to weeks beginning in a high
unemployment period, paragraph (1) shall be applied by substituting--
``(i) `80 per centum' for `50 per centum' in subparagraph (A),
``(ii) `twenty' for `thirteen' in subparagraph (B), and
``(iii) `forty-six' for `thirty-nine' in subparagraph (C).
``(B) For purposes of subparagraph (A), the term `high unemployment
period' means any period during which an extended benefit period would
be in effect if section 203(f)(1)(A)(i) were applied by substituting `8
percent' for `6.5 percent'.
``(c) [Cessation of Extended Benefits When Paid Under an Interstate
Claim in a State Where Extended Benefit Period Is Not in Effect] (1)
Except as provided in paragraph (2), payment of extended compensation
shall not be made to any individual for any week if--
``(A) extended compensation would (but for this subsection) have
been payable for such week pursuant to an interstate claim filed in
any State under the interstate benefit payment plan, and
``(B) an extended benefit period is not in effect for such week
in such State.
``(2) Paragraph (1) shall not apply with respect to the first 2
weeks for which extended compensation is payable (determined without
regard to this subsection) pursuant to an interstate claim filed under
the interstate benefit payment plan to the individual from the extended
compensation account established for the benefit year.
``(3) Section 3304(a)(9)(A) of the Internal Revenue Code of 1986
shall not apply to any denial of compensation required under this
subsection.
``Sec. 203. [Extended Benefit Period]
``(a) [Beginning and Ending] For purposes of this title, in the case
of any State, an extended benefit period--
``(1) shall begin with the third week after the first week for
which there is a State `on' indicator; and
``(2) shall end with the third week after the first week for
which there is a State `off' indicator.
``(b) [Special Rules] (1) In the case of any State--
``(A) no extended benefit period shall last for a period of less
than thirteen consecutive weeks, and
``(B) no extended benefit period may begin before the fourteenth
week after the close of a prior extended benefit period with respect
to such State.
``(2) When a determination has been made that an extended benefit
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.
``(c) [Eligibility Period] For purposes of this title, an
individual's eligibility period under the State law shall consist of the
weeks in his benefit year which begin in an extended benefit period and,
if his benefit year ends within such extended benefit period, any weeks
thereafter which begin in such extended benefit period.
``(d) [State `On' and `Off' Indicators] For purposes of this
section--
``(1) There is a State `on' indicator for a week if the rate of
insured unemployment under the State law for the period consisting
of such week and the immediately preceding twelve weeks--
``(A) equaled or exceeded 120 per centum of the average of
such rates for the corresponding thirteen-week period ending in
each of the preceding two calendar years, and
``(B) equaled or exceeded 5 per centum.
``(2) There is a State `off' indicator for a week if, for the
period consisting of such week and the immediately preceding twelve
weeks, either subparagraph (A) or subparagraph (B) of paragraph (1)
is not satisfied.
Effective with respect to compensation for weeks of unemployment
beginning after March 30, 1977 (or, if later, the date established
pursuant to State law), the State may by law provide that the
determination of whether there has been a State `on' or `off' indicator
beginning or ending any extended benefit period shall be made under this
subsection as if (i) paragraph (1) did not contain subparagraph (A)
thereof, and (ii) the figure `5' contained in subparagraph (B) thereof
were `6'; except that, notwithstanding any such provision of State law,
any week for which there would otherwise be a State `on' indicator shall
continue to be such a week and shall not be determined to be a week for
which there is a State `off' indicator. For purposes of this subsection,
the rate of insured unemployment for any thirteen-week period shall be
determined by reference to the average monthly covered employment under
the State law for the first four of the most recent six calendar
quarters ending before the close of such period.
``(e) [Rate of Insured Unemployment; Covered Employment] (1) For
purposes of subsection (d), the term `rate of insured unemployment'
means the percentage arrived at by dividing--
``(A) the average weekly number of individuals filing claims for
regular compensation for weeks of unemployment with respect to the
specified period, as determined on the basis of the reports made by
the State agency to the Secretary, by
``(B) the average monthly covered employment for the specified
period.
``(2) Determinations under subsection (d) shall be made by the State
agency in accordance with regulations prescribed by the Secretary.
``(f) [Alternative Trigger] (1) Effective with respect to
compensation for weeks of unemployment beginning after March 6, 1993,
the State may by law provide that for purposes of beginning or ending
any extended benefit period under this section--
``(A) there is a State `on' indicator for a week if--
``(i) the average rate of total unemployment in such State
(seasonally adjusted) for the period consisting of the most
recent 3 months for which data for all States are published
before the close of such week equals or exceeds 6.5 percent, and
``(ii) the average rate of total unemployment in such State
(seasonally adjusted) for the 3-month period referred to in
clause (i) equals or exceeds 110 percent of such average rate
for either (or both) of the corresponding 3-month periods ending
in the 2 preceding calendar years; and
``(B) there is a State `off' indicator for a week if either the
requirements of clause (i) or clause (ii) of subparagraph (A) are
not satisfied.
Notwithstanding the provision of any State law described in this
paragraph, any week for which there would otherwise be a State `on'
indicator shall continue to be such a week and shall not be determined
to be a week for which there is a State `off' indicator.
``(2) For purposes of this subsection, determinations of the rate of
total unemployment in any State for any period (and of any seasonal
adjustment) shall be made by the Secretary.
``Sec. 204. [Payments to States]
``(a) [Amount Payable] (1) There shall be paid to each State an
amount equal to one-half of the sum of--
``(A) the sharable extended compensation, and
``(B) the sharable regular compensation,
paid to individuals under the State law.
``(2) No payment shall be made to any State under this subsection in
respect of compensation (A) for which the State is entitled to
reimbursement under the provisions of any Federal law other than this
Act, (B) paid for the first week in an individual's eligibility period
for which extended compensation or sharable regular compensation is
paid, if the State law of such State provides for payment (at any time
or under any circumstances) of regular compensation to an individual for
his first week of otherwise compensable unemployment, (C) paid for any
week with respect to which such benefits are not payable by reason of
section 233(d) of the Trade Act of 1974 [19 U.S.C. 2293(d)], or (D) paid
to an individual with respect to a week of unemployment to the extent
that such amount exceeds the amount of such compensation which would be
paid to such individual if such State had a benefit structure which
provided that the amount of compensation otherwise payable to any
individual for any week shall be rounded (if not a full dollar amount)
to the nearest lower full dollar amount.
``(3) The amount which, but for this paragraph, would be payable
under this subsection to any State in respect of any compensation paid
to an individual whose base period wages include wages for services to
which section 3306(c)(7) of the Internal Revenue Code of 1986 applies
shall be reduced by an amount which bears the same ratio to the amount
which, but for this paragraph, would be payable under this subsection to
such State in respect of such compensation as the amount of the base
period wages attributable to such services bears to the total amount of
the base period wages.
``(b) [Sharable Extended Compensation] For purposes of subsection
(a)(1)(A), extended compensation paid to an individual for weeks of
unemployment in such individual's eligibility period is sharable
extended compensation to the extent that the aggregate extended
compensation paid to such individual with respect to any benefit year
does not exceed the smallest of the amounts referred to in subparagraphs
(A), (B), and (C) of section 202(b)(1).
``(c) [Sharable Regular Compensation] For purposes of subsection
(a)(1)(B), regular compensation paid to an individual for a week of
unemployment is sharable regular compensation--
``(1) if such week is in such individual's eligibility period
(determined under section 203(c)), and
``(2) to the extent that the sum of such compensation, plus the
regular compensation paid (or deemed paid) to him with respect to
prior weeks of unemployment in the benefit year, exceeds twenty-six
times (and does not exceed thirty-nine, forty-six in any case where
section 202(b)(3)(A) applies[,] times) the average weekly benefit
amount (including allowances for dependents) for weeks of total
unemployment payable to such individual under the State law in such
benefit year.
``(d) [Payment 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 title for each calendar month, reduced or
increased, as the case may be, by any sum by which the Secretary finds
that his 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 upon the basis of such statistical, sampling, or
other method as may be agreed upon by the Secretary and the State
agency.
``(e) [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 section. 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 to the
account of such State in the Unemployment Trust Fund.
``Sec. 205. [Definitions] For purposes of this title--
``(1) The term `compensation' means cash benefits payable to
individuals with respect to their unemployment.
``(2) The term `regular compensation' means compensation payable
to an individual under any State unemployment compensation law
(including compensation payable pursuant to 5 U.S.C. chapter 85),
other than extended compensation and additional compensation.
``(3) The term `extended compensation' means compensation
(including additional compensation and compensation payable pursuant
to 5 U.S.C. chapter 85) payable for weeks of unemployment beginning
in an extended benefit period to an individual under those
provisions of the State law which satisfy the requirements of this
title with respect to the payment of extended compensation.
``(4) The term `additional compensation' means compensation
payable to exhaustees by reason of conditions of high unemployment
or by reason of other special factors.
``(5) The term `benefit year' means the benefit year as defined
in the applicable State law.
``(6) The term `base period' means the base period as determined
under applicable State law for the benefit year.
``(7) The term `Secretary' means the Secretary of Labor of the
United States.
``(8) The term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, and the Virgin Islands.
``(9) The term `State agency' means the agency of the State
which administers its State law.
``(10) The term `State law' means the unemployment compensation
law of the State, approved by the Secretary under section 3304 of
the Internal Revenue Code of 1986.
``(11) The term `week' means a week as defined in the applicable
State law.
``Sec. 206. [Approval of State Laws] [This section amended section
3304(a) of the Internal Revenue Code by adding par. (11) thereof.]
``Sec. 207. [Effective Dates] (a) Except as provided in subsection
(b)--
``(1) in applying section 203, no extended benefit period may
begin with a week beginning before January 1, 1972; and
``(2) section 204 shall apply only with respect to weeks of
unemployment beginning after December 31, 1971.
``(b)(1) In the case of a State law approved under section
3304(a)(11) of the Internal Revenue Code of 1986, such State law may
also provide that an extended benefit period may begin with a week
established pursuant to such law which begins earlier than January 1,
1972, but not earlier than 60 days after the date of the enactment of
this Act [Aug. 10, 1970].
``(2) For purposes of paragraph (1) with respect to weeks beginning
before January 1, 1972, the extended benefit period for the State shall
be determined under section 203(a) solely by reference to the State `on'
indicator and the State `off' indicator.
``(3) In the case of a State law containing a provision described in
paragraph (1), section 204 shall also apply with respect to weeks of
unemployment in extended benefit periods determined pursuant to
paragraph (1).
``(c) Section 3304(a)(11) of the Internal Revenue Code of 1986 (as
added by section 206) shall not be a requirement for the State law of
any State--
``(1) in the case of any State the legislature of which does not
meet in a regular session which closes during the calendar year
1971, with respect to any week of unemployment which begins prior to
July 1, 1972; or
``(2) in the case of any other State, with respect to any week
of unemployment which begins prior to January 1, 1972.''
[Section 202(a)(2) of Pub. L. 102-318 provided that:
[``(A) In general.--Notwithstanding any other provision of law, the
amendment made by paragraph (1) [amending section 202(a)(5) of Pub. L.
91-373, set out above] shall apply for purposes of extended unemployment
compensation and emergency unemployment compensation to weeks of
unemployment beginning on or after the date of the enactment of this Act
[July 3, 1992].
[``(B) 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 [set out above]) if the individual would have been entitled to
receive such compensation had the amendment made by paragraph (1)
applied to all weeks beginning before the date of the enactment of this
Act.'']
[Section 522(b) of Pub. L. 98-21 provided that: ``The amendment made
by this section [amending section 202(a)(3)(A)(ii) of Pub. L. 91-373,
set out above] shall become effective on the date of the enactment of
this Act [Apr. 20, 1983].'']
[Section 191(b) of Pub. L. 97-248 provided that:
[``(1) Except as provided in paragraph (2), the amendments made by
this section [amending section 204(a)(2) of Pub. L. 91-373, set out
above] shall apply in the case of compensation paid to individuals
during eligibility periods beginning on or after October 1, 1983.
[``(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
provide for rounding down of unemployment compensation amounts, the
amendment made by this section [amending section 204(a)(2) of Pub. L.
91-373, set out above] shall apply in the case of compensation paid to
individuals during eligibility periods which begin on or after October
1, 1983, and after the end of the first session of the State legislature
which begins after the date of the enactment of this Act [Sept. 3,
1982], 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 2401(c) of Pub. L. 97-35 provided that: ``The amendments
made by this section [amending sections 203 and 204(a)(3), (4) of Pub.
L. 91-373, set out above] shall apply to weeks beginning after the date
of the enactment of this Act [Aug. 13, 1981].'']
[Section 2402(b) of Pub. L. 97-35 provided that: ``The amendment
made by subsection (a) [amending section 203(e)(1)(A) of Pub. L. 91-373,
set out above] shall apply for purposes of determining whether there are
State `on' or `off' indicators for weeks beginning after the date of the
enactment of this Act [Aug. 13, 1981]. For purposes of making such
determinations for such weeks, such amendment shall be deemed to be in
effect for all weeks whether beginning before, on, or after such date of
enactment.'']
[Section 2403(b) of Pub. L. 97-35 provided that: ``The amendments
made by subsection (a) [amending section 203(d) of Pub. L. 91-373, set
out above] shall apply to weeks beginning after September 25, 1982.'']
[Section 2404(c) of Pub. L. 97-34 provided that: ``The amendments
made by this section [amending section 202(a)(5), (6) of Pub. L. 91-373,
set out above] shall apply with respect to extended compensation and
sharable regular compensation payable for weeks which begin after
September 25, 1982.'']
[Amendment by sections 2401-2404 of Pub. L. 97-35 (amending Pub. L.
91-373, set out above) required to be included in State unemployment
compensation laws for purposes of certifications, see section 2408(b) of
Pub. L. 97-35, set out above.]
[Amendment by section 2505(b) of Pub. L. 97-35 (amending section
204(a)(2)(C) of Pub. L. 91-373, set out above) applicable to allowances
payable for weeks of unemployment which begin after Sept. 30, 1981, and
transitional provisions applicable, see section 2514 of Pub. L. 97-35,
set out as an Effective Date of 1981 Amendment and Transitional
Provisions note under section 2291 of Title 19, Customs Duties.]
[Section 1022(b) of Pub. L. 96-499 provided that:
[``(1) Except as provided in paragraph (2), the amendments made by
this section [amending section 204(a)(2) of Pub. L. 91-373, set out
above] shall apply in the case of compensation paid to individuals
during eligibility periods beginning on or after the date of the
enactment of this Act [Dec. 5, 1980].
[``(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
eliminate its current policy of paying regular compensation to an
individual for his first week of otherwise compensable unemployment, the
amendments made by this section [amending section 204(a)(2) of Pub. L.
91-373, set out above] shall apply in the case of compensation paid to
individuals during eligibility periods beginning after the end of the
first regularly scheduled session of the State legislature ending more
than thirty days after the date of the enactment of this Act [Dec. 5,
1980].'']
[Section 1024(b) of Pub. L. 96-499 provided that: ``The amendment
made by this section [amending section 202(a) of Pub. L. 91-373, set out
above] shall apply with respect to weeks of unemployment beginning after
March 31, 1981.'']
[Section 416(b) of Pub. L. 96-364, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
[``(1) In general.--The amendment made by subsection (a)
[amending subsec. 202(c) of Pub. L. 91-373, set out above] shall
apply to weeks of unemployment beginning after October 1, 1980;
except that such amendment shall not be a requirement of any State
law under section 3304(a)(11) of the Internal Revenue Code of 1986
[formerly I.R.C. 1954] for any week which begins before June 1,
1981.
[``(2) Special rule for certain states.--In the case of any
State the legislature of which does not meet in a regular session
which begins during calendar year 1981 and before April 1, 1981,
paragraph (1) shall be applied by substituting `June 1, 1982' for
`June 1, 1981'.'']
[Section 116(f)(1) of Pub. L. 94-566, set out as an Effective Date
of 1976 Amendment note above, provided in part that the deletion of
``the Virgin Islands or'' from section 202(a)(1) of Pub. L. 91-373, set
out above, and the insertion of ``and the Virgin Islands'' in section
205(8) thereof shall take effect on the later of Oct. 1, 1976, or the
day after the day on which the Secretary of Labor approves under section
3304(a) of this title an unemployment compensation law submitted to him
by the Virgin Islands for approval.]
[Section 212(b) of Pub. L. 94-566 provided that: ``The amendment
made by this section [enacting section 204(a)(4) of Pub. L. 91-373, set
out above] shall apply with respect to compensation paid for weeks of
unemployment beginning on or after January 1, 1979.'']
[Section 311(c) of Pub. L. 94-566 provided that: ``The amendment
made by subsection (a) of this section [amending section 203(d) of Pub.
L. 91-373, set out above] shall apply to weeks beginning after December
31, 1976, and the amendments made by subsection (b) of this section
[amending section 203(e) of Pub. L. 91-373, set out above] shall apply
to weeks beginning after March 30, 1977.'']
Study and Report by Secretary of Labor Covering Emergency Unemployment
Compensation Program and Special Unemployment Assistance Program; Report
On or Before Jan. 1, 1977
Section 104 of Pub. L. 94-45, June 30, 1975, 89 Stat. 238, provided
that: ``The Secretary of Labor shall conduct a study and review of the
program established by the Emergency Unemployment Compensation Act of
1974 [Pub. L. 93-572, set out above] and the program established under
title II of the Emergency Jobs and Unemployment Assistance Act of 1974
[Pub. L. 93-567, title II, set out above] and shall submit to the
Congress not later than January 1, 1977, a report on such study and
review. Such study and review shall include--
``(1) the employment, economic, and demographic characteristics
of individuals receiving benefits under either such program,
``(2) the needs of the long-term unemployed for job counseling,
testing, referral and placement services, skill and apprenticeship
training, career-related education programs, and public service
employment opportunities, and
``(3) an examination of all other benefits to which individuals
receiving benefits under either such program are eligible together
with an investigation of important factors affecting unemployment, a
comparison of the aggregate value of such other benefits plus
benefits received under either such program with the amount of
compensation received by such individuals in their most recent
position of employment.''
Loans to Unemployment Fund of Virgin Islands
Pub. L. 94-45, title III, Sec. 301, June 30, 1975, 89 Stat. 243, as
amended by Pub. L. 94-354, July 12, 1976, 90 Stat. 888; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
``(a) The Secretary of Labor (hereinafter in this section referred
to as the `Secretary') may make loans to the Virgin Islands in such
amounts as he determines to be necessary for the payment in any month of
compensation under the unemployment compensation law of the Virgin
Islands. A loan may be made under this subsection for the payment of
compensation in any month only if--
``(1) the Governor of the Virgin Islands submits an application
therefor no earlier than the first day of the preceding month; and
``(2) such application contains an estimate of the amount of the
loan which will be required by the Virgin Islands for the payment of
compensation in such month.
``(b) For purposes of this section--
``(1) an application for loan under subsection (a) shall be made
on such forms and shall contain such information and data (fiscal
and otherwise) concerning the operation and administration of the
unemployment compensation law of the Virgin Islands as the Secretary
deems necessary or relevant to the performance of his duties under
this section;
``(2) the amount required by the Virgin Islands for the payment
of compensation in any month shall be determined with due allowance
for contingencies and taking into account all other amounts that
will be available in the unemployment fund of the Virgin Islands for
the payment of compensation in such month; and
``(3) the term `compensation' means cash benefits payable to
individuals with respect to their unemployment, exclusive of
expenses of administration.
``(c) Any loan made under subsection (a) shall be repayable (without
interest) not later than January 1, 1979. If after January 1, 1979, any
portion of any such loan remains unpaid, the Virgin Islands shall pay
interest thereon, until the loan is paid in full, at a rate equal to the
rate of interest in effect under section 6621 of the Internal Revenue
Code of 1986 [formerly I.R.C. 1954]. If at some future date the Federal
Unemployment Tax Act [section 3301 et seq. of this title] shall be made
applicable to the Virgin Islands, then, any amount of principal or
interest due on any such loan remaining unpaid on such date shall be
treated, for purposes of section 3302(c)(3) of the Internal Revenue Code
of 1986, as an advance made to the Virgin Islands under title XII of the
Social Security Act [42 U.S.C. 1321 et seq.].
``(d) No loan may be made under subsection (a) for any month
beginning after September 30, 1977. The aggregate of the loans which may
be made under subsection (a) shall not exceed $15,000,000.
``(e) There are authorized to be appropriated from the general fund
of the Treasury such sums as may be necessary to carry out this
section.''
Unemployment Compensation Law of Commonwealth of Puerto Rico
Section 543(b) of Pub. L. 86-778, title V, Sept. 13, 1960, 74 Stat.
986, provided that: ``The unemployment compensation law of the
Commonwealth of Puerto Rico shall be considered as meeting the
requirements of--
``(1) Section 3304(a)(2) of the Federal Unemployment Tax Act [26
U.S.C. 3304(a)(2)], if such law provides that no compensation is
payable with respect to any day of unemployment occurring before
January 1, 1959.
``(2) Section 3304(a)(3) of the Federal Unemployment Tax Act [26
U.S.C. 3304(a)(3)] and section 303(a)(4) of the Social Security Act
[42 U.S.C. 503(a)(4)], if such law contains the provisions required
by those sections and if it requires that, on or before February 1,
1961, there be paid over to the Secretary of the Treasury, for
credit to the Puerto Rico account in the Unemployment Trust Fund, an
amount equal to the excess of--
``(A) the aggregate of the moneys received in the Puerto
Rico unemployment fund before January 1, 1961, over
``(B) the aggregate of the moneys paid from such fund before
January 1, 1961, as unemployment compensation or as refunds of
contributions erroneously paid.''
Section Referred to in Other Sections
This section is referred to in sections 41, 170, 3302, 3303, 3305,
3309, 3310, 6103 of this title; title 2 section 906; title 19 section
2319; title 42 sections 1103, 1320b-7, 1322.
