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S.2831 - Helping Unemployed Workers Act
A bill to provide for additional emergency unemployment compensation and to keep Americans working, and for other purposes.
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Mr. REED (for himself, Mr. SCHUMER, Mrs. SHAHEEN, Mr. LEAHY, Mr. KERRY, Mr. DODD, Mr. WHITEHOUSE, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.
(a) In General- Section 4007 of the Supplemental Appropriations Act, 2008 (
(b) Funding- Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (
SEC. 3. EXTENSION OF INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS.
(b) Effective Date- The amendments made by this section shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act.CommentsClose CommentsPermalink
SEC. 4. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION FOR A LIMITED PERIOD.
(b) Extension of Temporary Federal Matching for the First Week of Extended Benefits for States With No Waiting Week- Section 5 of the Unemployment Compensation Extension Act of 2008 (
(1) IN GENERAL- The amendments made by subsection (a) shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act.CommentsClose CommentsPermalink
SEC. 5. MODIFICATION TO ELIGIBILITY REQUIREMENTS FOR EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) Individual Not Ineligible by Reason of Subsequent Entitlement to Regular Benefits- Section 4001 of the Supplemental Appropriations Act, 2008 (
‘(g) Certain Rights to Regular Compensation Disregarded- If an individual exhausted the individual’s rights to regular compensation for any benefit year, such individual’s eligibility to receive emergency unemployment compensation under this title in respect of such benefit year shall be determined without regard to any rights to regular compensation for a subsequent benefit year if such individual does not file a claim for regular compensation for such subsequent benefit year.’.CommentsClose CommentsPermalink
(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 4005 of the Supplemental Appropriations Act, 2008 (
(ii) after such exhaustion, such individual was not eligible to receive emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 (
such individual may elect to defer the individual’s rights to regular compensation for such subsequent benefit year with respect to weeks beginning after such date of enactment until such individual has exhausted the individual’s 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 the individual had not been entitled to the regular compensation to which the election applies.CommentsClose CommentsPermalink
SEC. 6. SUSPENSION OF TAX ON PORTION OF UNEMPLOYMENT COMPENSATION.
SEC. 7. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.
‘(4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would be payable to the employee if such employee were totally unemployed;CommentsClose CommentsPermalink
‘(5) such employees are not expected 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;CommentsClose CommentsPermalink
‘(7) beginning on the date which is 2 years after the date of enactment of this subsection, the employer certifies that continuation of health benefits and retirement benefits under a defined benefit pension plan (as defined in section 3(35) of the Employee Retirement Income Security Act of 1974) is not affected by participation in the program;CommentsClose CommentsPermalink
‘(8) the employer (or an employer’s association which is party to a collective bargaining agreement) submits a written plan describing the manner in which the requirements of this subsection will be implemented and containing such other information as the Secretary of Labor determines is appropriate;CommentsClose CommentsPermalink
‘(9) in the case of employees represented by a union, the appropriate official of the union has agreed to the terms of the employer’s written plan and implementation is consistent with employer obligations under the National Labor Relations Act; andCommentsClose CommentsPermalink
(A) IN GENERAL- In order to assist States in establishing, qualifying, and implementing short-time compensation programs, as defined in section 3306(v) of the Internal Revenue Code of 1986 (as added by subsection (a)), the Secretary of Labor (in this section referred to as the ‘Secretary’) shall--CommentsClose CommentsPermalink
(i) develop model legislative language which may be used by States in developing and enacting short-time compensation programs and shall periodically review and revise such model legislative language;CommentsClose CommentsPermalink
(iii) establish biannual reporting requirements for States, including number of averted layoffs, number of participating companies and workers, and retention of employees following participation; andCommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary shall award start-up grants to State agencies that apply not later than June 30, 2011, in States that enact short-time compensation programs after the date of enactment of this Act for the purpose of creating such programs. The amount of such grants shall be awarded depending on the costs of implementing such programs.CommentsClose CommentsPermalink
(ii) ELIGIBILITY- In order to receive a grant under clause (i) a State agency shall meet requirements established by the Secretary, including any reporting requirements under clause (iii). Each State agency shall be eligible to receive not more than one such grant.CommentsClose CommentsPermalink
(iii) REPORTING- The Secretary may establish reporting requirements for State agencies receiving a grant under clause (i) in order to provide oversight of grant funds used by States for the creation of short-time compensation programs.CommentsClose CommentsPermalink
(iv) FUNDING- There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary, such sums as the Secretary certifies as necessary for the period of fiscal years 2010 and 2011 to carry out this subparagraph.CommentsClose CommentsPermalink
(1) INITIAL REPORT- Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress and to the President a report or reports on the implementation of this section. Such report or reports shall include--CommentsClose CommentsPermalink
(2) SUBSEQUENT REPORTS- After the submission of the report under paragraph (1), the Secretary may submit such additional reports on the implementation of short-time compensation programs as the Secretary deems appropriate.CommentsClose CommentsPermalink
(3) FUNDING- There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary, $1,500,000 to carry out this subsection, to remain available without fiscal year limitation.CommentsClose CommentsPermalink
(2) SOCIAL SECURITY ACT- Section 303(a)(5) of the Social Security Act is amended by striking ‘the payment of short-time compensation under a plan approved by the Secretary of Labor’ and inserting ‘the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986)’.CommentsClose CommentsPermalink
SEC. 8. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION PROGRAMS.
(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall make payments to any State unemployment trust fund to be used for the payment of unemployment compensation if the Secretary approves an application for certification submitted under paragraph (3) for such State to operate a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986 (as added by section 7(a))) which requires the maintenance of health and retirement employee benefits as described in paragraph (7) of such section 3306(v), in addition to other requirements of this Act and notwithstanding the otherwise effective date of such requirement.CommentsClose CommentsPermalink
(2) REIMBURSEMENT- Subject to subsection (d), the payment to a State under paragraph (1) shall be an amount equal to 100 percent of the total amount of benefits paid to individuals by the State pursuant to the short-time compensation program during the weeks of unemployment--CommentsClose CommentsPermalink
(A) IN GENERAL- Any State seeking full reimbursement under this subsection shall submit an application for certification at such time, in such manner, and complete with such information as the Secretary may require (whether by regulation or otherwise), including information relating to compliance with the requirements of paragraph (7) of such section 3306(v). The Secretary shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary’s findings with respect to the requirements of such paragraph (7).CommentsClose CommentsPermalink
(B) FINDINGS- If the Secretary finds that the short-time compensation program operated by the State meets the requirements of such paragraph (7), the Secretary shall certify such State’s short-time compensation program thereby making such State eligible for reimbursement under this subsection.CommentsClose CommentsPermalink
(b) Timing of Application Submittals- No application under subsection (a)(3) may be considered if submitted before the date of enactment of this Act or after the latest date necessary (as specified by the Secretary) to ensure that all payments under this section are made before December 31, 2011.CommentsClose CommentsPermalink
(c) Terms of Payments- Payments made to a State under subsection (a)(1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section 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.CommentsClose CommentsPermalink
(1) GENERAL PAYMENT LIMITATIONS- No payments shall be made to a State under this section for benefits paid to an individual by the State in excess of 26 weeks of benefits.CommentsClose CommentsPermalink
(2) EMPLOYER LIMITATIONS- No payments shall be made to a State under this section for benefits paid to an individual by the State pursuant to a short-time compensation program if such individual is employed by an employer--CommentsClose CommentsPermalink
(A) whose workforce during the 3 months preceding the date of the submission of the employer’s short-time compensation plan has been reduced by temporary layoffs of more than 20 percent; orCommentsClose CommentsPermalink
(3) PROGRAM PAYMENT LIMITATION- In making any payments to a State under this section pursuant to a short-time compensation program, the Secretary may limit the frequency of employer participation in such program.CommentsClose CommentsPermalink
(1) IN GENERAL- A participating employer under this section is required to comply with the terms of the written plan approved by the State agency and act in good faith to retain participating employees.CommentsClose CommentsPermalink
(2) OVERSIGHT AND MONITORING- The Secretary shall establish an oversight and monitoring process by which State agencies will ensure that participating employers comply with the requirements of paragraph (1).CommentsClose CommentsPermalink
(f) Funding- There are appropriated, from time to time, out of any moneys in the Treasury not otherwise appropriated, to the Secretary, such sums as the Secretary certifies are necessary to carry out this section (including to reimburse any additional administrative expenses by reason of the provision of, and amendments made by, this Act that are incurred by the States in operating such short-time compensation programs).CommentsClose CommentsPermalink
SEC. 9. STUDY AND REPORTS ON THE EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.
(a) Study- The Secretary of Labor (in this section referred to as the ‘Secretary’) shall conduct a study on the implementation of the emergency unemployment compensation program under title IV of the Supplemental Appropriations Act, 2008 (
(2) the number of initial claims under such program, the average duration of benefits under the program, the average sum of benefits under the program, and other areas that demonstrate who received benefits under the program;CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 4 years after the date of the enactment of this Act, the Secretary shall submit to Congress and the President a report (or multiple reports) on the study conducted under subsection (a), together with such recommendations as the Secretary determines appropriate.CommentsClose CommentsPermalink
(2) SUBSEQUENT REPORTS- After the Secretary submits the report (or reports) required under paragraph (1), the Secretary may submit such additional reports on the implementation of emergency unemployment compensation programs as the Secretary deems appropriate.CommentsClose CommentsPermalink
(c) Funding- There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary, $1,250,000 to carry out this section, to remain available without fiscal year limitation.CommentsClose CommentsPermalink
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