Internal Revenue Code:Sec. 3304. Approval of State laws
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Location in Internal Revenue Code
TITLE 26 - INTERNAL REVENUE CODE
Subtitle C - Employment Taxes
CHAPTER 23 - FEDERAL UNEMPLOYMENT TAX ACT
Statute
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(4) all money withdrawn from the unemployment fund of the State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.
Compensation shall not be reduced under paragraph (15) for any
pension, retirement or retired pay, annuity, or similar payment which is
not includible in gross income of the individual for the taxable year in
which paid because it was part of a rollover distribution.
(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.
Sources
(Aug. 16, 1954, ch. 736, 68A Stat. 443; Pub. L. 91-373, title I,
Sec. 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, Sec. 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, Sec. 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, Sec. 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.)
References in Text
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) of the Act are classified to sections
503(g), 653(i), and 1103(c)(2), 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.
Miscellaneous
AMENDMENTS
2006 - Pension Protection Act of 2006 (P.L. 109-280)
SEC. 1105. NO REDUCTION IN UNEMPLOYMENT COMPENSATION AS A RESULT OF
PENSION ROLLOVERS.
(a) In General.--Section 3304(a) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 3304.>> (relating to requirements for State
unemployment laws) is amended by adding at the end the following new
flush sentence:
``Compensation shall not be reduced under paragraph (15) for any
pension, retirement or retired pay, annuity, or similar payment which is
not includible in gross income of the individual for the taxable year in
which paid because it was part of a rollover distribution.''.
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, Sec. 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, Sec. 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, Sec. 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 2006 AMENDMENT
2006 - Pension Protection Act of 2006 (P.L. 109-280)
SEC. 1105. NO REDUCTION IN UNEMPLOYMENT COMPENSATION AS A RESULT OF
PENSION ROLLOVERS.
(b) <<NOTE: 26 USC 3304 note.>> Effective Date.--The amendment made
by this section shall apply to weeks beginning on or after the date of
the enactment of this Act.
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.
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, Sec. 1(a), (b), 2, Feb. 7, 1992, 106 Stat. 3, 4;
Pub. L. 102-318, title I, Sec. 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, Sec. 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 (Sec. 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 (Sec. 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, Sec. 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, Sec. 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 (Sec. 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 (Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec.
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, Sec. 201-224, Dec. 31, 1974, 88 Stat.
1850-1853, as amended by Pub. L. 94-45, title II, Sec. 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, Sec. 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, Sec. 201-206, Dec. 29, 1971, 85 Stat.
811-814, as amended by Pub. L. 92-329, Sec. 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, Sec. 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, Sec. 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, Sec. 1022(a), 1024(a), Dec.
5, 1980, 94 Stat. 2656, 2658; Pub. L. 97-35, title XXIV, Sec.
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, Sec. 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.''
References
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.
