< Back to H.R. 3346 (112th Congress, 2011–2013)

Text of the Emergency Unemployment Compensation Extension Act of 2011

This bill was introduced on November 3, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 03, 2011 (Introduced).

Source: GPO

I

112th CONGRESS

1st Session

H. R. 3346

IN THE HOUSE OF REPRESENTATIVES

November 3, 2011

(for himself, Mr. Levin, Mr. Stark, Mr. McDermott, Mr. Lewis of Georgia, Mr. Neal, Mr. Becerra, Mr. Blumenauer, Mr. Pascrell, Ms. Berkley, Mr. Crowley, Mr. Rangel, Mr. Dingell, Mr. Gene Green of Texas, Mr. Reyes, Mr. Peters, Mr. Johnson of Georgia, Mr. Payne, Ms. DeLauro, Ms. Lee of California, Mr. Towns, Ms. Norton, Ms. Woolsey, Mr. Kildee, Mr. Meeks, Mr. George Miller of California, Mr. Serrano, Ms. Moore, Mr. Nadler, Mr. Jackson of Illinois, Ms. Brown of Florida, Mr. Frank of Massachusetts, Mr. Deutch, Ms. Schakowsky, Mrs. Maloney, Mr. Cohen, Ms. Edwards, Mr. Hinojosa, Mr. Hastings of Florida, Ms. Eddie Bernice Johnson of Texas, Mr. Andrews, Mr. Cummings, Mr. Al Green of Texas, Mr. Watt, Mr. Berman, Ms. Jackson Lee of Texas, Mr. Gonzalez, Ms. Velázquez, Ms. Slaughter, Mr. Tierney, Mr. Dicks, Mr. Carnahan, and Mr. Cicilline) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend title IV of the Supplemental Appropriations Act, 2008 to provide for the continuation of certain unemployment benefits, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Emergency Unemployment Compensation Extension Act of 2011.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—Extension of Unemployment Programs

Sec. 101. Temporary extension of unemployment insurance provisions.

Sec. 102. Modification of indicators under the extended benefit program.

Sec. 103. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act.

Title II—State and Employer Assistance

Sec. 201. Extension of temporary assistance for States with advances.

Sec. 202. FUTA credit reductions for 2011 contingent on voluntary agreements.

Sec. 203. Assistance contingent on voluntary agreements.

Sec. 204. Solvency bonus.

I

Extension of Unemployment Programs

101.

Temporary extension of unemployment insurance provisions

(a)

In general

(1)

Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is amended—

(A)

by striking January 3, 2012 each place it appears and inserting January 3, 2013;

(B)

in the heading for subsection (b)(2), by striking january 3, 2012 and inserting january 3, 2013; and

(C)

in subsection (b)(3), by striking June 9, 2012 and inserting June 8, 2013.

(2)

Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended—

(A)

by striking January 4, 2012 each place it appears and inserting January 4, 2013; and

(B)

in subsection (c), by striking June 11, 2012 and inserting June 11, 2013.

(3)

Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 note) is amended by striking June 10, 2012 and inserting June 10, 2013.

(b)

Funding

Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is amended—

(1)

in subparagraph (F), by striking and at the end; and

(2)

by inserting after subparagraph (G) the following:

(H)

the amendments made by section 101(a)(1) of the Emergency Unemployment Compensation Extension Act of 2011; and

.

(c)

Effective date

The amendments made by this section shall take effect as if included in the enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111–312).

102.

Modification of indicators under the extended benefit program

(a)

Extension

Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended—

(1)

in subsection (d), by striking ‘‘December 31, 2011’’ and inserting ‘‘December 31, 2012’’; and

(2)

in subsection (f)(2), by striking ‘‘December 31, 2011’’ and inserting ‘‘December 31, 2012’’.

(b)

Indicator

Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended by adding at the end the following: Effective with respect to compensation for weeks of unemployment beginning on or after January 1, 2012 (or, if later, the date established pursuant to State law) and ending on or before December 31, 2012, the State may by statute, regulation, or other issuance having the force and effect of 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, disregarding subparagraph (A) of paragraph (1) and disregarding either subparagraph (A) or in paragraph (2)..

(c)

Alternative trigger

Section 203(f) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended—

(1)

by redesignating paragraph (3) as paragraph (4); and

(2)

by inserting after paragraph (2) the following:

(3)

Effective with respect to compensation for weeks of unemployment beginning on or after January 1, 2012 (or, if later, the date established pursuant to State law) and ending on or before December 31, 2012, the State may by statute, regulation, or other issuance with the force and effect of 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, disregarding clause (ii) of paragraph (1)(A) and as if paragraph (1)(B) had been amended by striking either the requirements of clause (i) or (ii) and inserting the requirements of clause (i).

.

103.

Additional extended unemployment benefits under the Railroad Unemployment Insurance Act

(a)

Extension

Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) and as amended by section 9 of the Worker, Homeownership, and Business Assistance Act of 2009 (Public Law 111–92) and section 505 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111–312), is amended—

(1)

by striking June 30, 2011 and inserting June 30, 2012; and

(2)

by striking December 31, 2011 and inserting December 31, 2012.

(b)

Clarification on authority To use funds

Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of the enactment of this Act.

II

State and Employer Assistance

201.

Extension of temporary assistance for States with advances

Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended, in the matter before clause (i), by striking 2010— and inserting 2010 and the 12-month period beginning on October 1, 2011—.

202.

FUTA credit reductions for 2011 contingent on voluntary agreements

(a)

In general

Section 3302(c) of the Internal Revenue Code of 1986 is amended—

(1)

by redesignating paragraph (3) as paragraph (4), and

(2)

by inserting after paragraph (2) the following new paragraph:

(3)
(A)

If a State has entered into a voluntary agreement under section 203 of the Emergency Unemployment Compensation Extension Act of 2011, the provisions of paragraph (2) shall be applied with respect to the taxable year beginning January 1, 2011, or any succeeding taxable year, by deeming January 1, 2012, to be the first January 1 occurring after January 1, 2010. For purposes of paragraph (2), consecutive taxable years in the period commencing January 1, 2012, shall be determined as if the taxable year which begins on January 1, 2012, were the taxable year immediately succeeding the taxable year which began on January 1, 2010. No taxpayer shall be subject to credit reductions under this paragraph for the taxable year beginning January 1, 2011.

(B)

If the voluntary agreement specified in subparagraph (A) is terminated under section 203(e) of the Emergency Unemployment Compensation Extension Act of 2011, subparagraph (A) shall not be effective for any taxable year.

.

(b)

Effective date

The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2010.

203.

Assistance contingent on voluntary agreements

(a)

In general

The amendment made by section 201 shall not apply with respect to any State with which the Secretary of Labor has not entered into a voluntary agreement under this section.

(b)

Application

Any State that has 1 or more outstanding repayable advances from the Federal unemployment account under section 1201 of the Social Security Act (42 U.S.C. 1321) may apply to the Secretary of Labor to enter into a voluntary agreement under this section.

(c)

Requirements

An application described in subsection (b) shall be submitted within such time, and in such form and manner, as the Secretary of Labor may require, except that any such application shall include certification by the State that during the period of the agreement—

(1)

the method governing the computation of regular compensation under the State law of the State will not be modified in a manner such that the average weekly benefit amount of regular compensation which will be payable during the period of the agreement will be less than the average weekly benefit amount of regular compensation which would have otherwise been payable under the State law as in effect on the date of the enactment of this subsection;

(2)

the State law of the State will not be modified in a manner such that any unemployed individual who would be eligible for regular compensation under the State law in effect on such date of enactment would be ineligible for regular compensation during the period of the agreement or would be subject to any disqualification during the period of the agreement that the individual would not have been subject to under the State law in effect on such date of enactment; and

(3)

the State law of the State will not be modified in a manner such that the maximum amount of regular compensation that any unemployed individual would be eligible to receive in a benefit year during the period of the agreement will be less than the maximum amount of regular compensation that the individual would have been eligible to receive during a benefit year under the State law in effect on such date of enactment.

(d)

Decision

The Secretary of Labor shall review any application received from a State to enter into a voluntary agreement under this section and, within 30 days after the date of receipt, approve or disapprove the application and notify the Governor of the State of the Secretary’s decision, including—

(1)

if approved, the effective date of the agreement; and

(2)

if disapproved, the reasons why it was disapproved.

(e)

Termination

(1)

In general

If, after reasonable notice and opportunity for a hearing, the Secretary of Labor finds that a State with which the Secretary has entered into an agreement under this section has modified State law so that it no longer contains the provisions specified in paragraph (1), (2), or (3) of subsection (c) or has failed to comply substantially with any of those provisions, the agreement shall be terminated, effective as of such date as the Secretary shall determine, but in no event later than December 31, 2012.

(2)

Effect with respect to repayable advances

If an agreement under this section with a State is terminated, then, effective as of the termination date of such agreement, paragraph (10) of section 1202(b) of the Social Security Act shall, for purposes of such State, be applied as if subparagraph (A) of such paragraph had been amended by striking the date specified in such subparagraph (in the matter before clause (i) thereof) and inserting the termination date of such agreement.

(f)

Regulations

Any regulations or guidance necessary to carry out this title or any of the amendments made by this title may be prescribed by—

(1)

to the extent that they relate to section 201, the Secretary of Labor; and

(2)

to the extent that they relate to section 202, the Secretary of the Treasury.

(g)

Definitions

For purposes of this section, the terms State, State law, regular compensation, and benefit year have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

204.

Solvency bonus

Section 904 of the Social Security Act (42 U.S.C. 1104) is amended by adding at the end the following:

(h)

Solvency bonus

(1)

Notwithstanding any other provision of this section, the amount which is credited under subsection (e) to the book account of the State agency of a solvent State shall, for each quarter to which this subsection applies, be equal to the amount which would be determined under this section, for such State agency and for such quarter, if the 5th sentence of subsection (b) were applied by using—

(A)

the average rate of interest which (but for this subsection) would otherwise have been determined under subsection (b) for purposes of such quarter; plus

(B)

an additional 2 percentage points.

(2)

For purposes of this subsection, a State shall be considered to be a solvent State if the outstanding balance for such State of advances under title XII is equal to zero. A determination as to whether or not a State is a solvent State shall be made by the Secretary of Labor—

(A)

for each State;

(B)

for each quarter to which this subsection applies; and

(C)

based on such date or period (before the 1st day of such quarter), and otherwise in such manner, as the Secretary of Labor shall determine in consultation with the Secretary of the Treasury.

(3)

This subsection applies to each quarter in calendar year 2012.

(4)

Nothing in this subsection shall have the effect of causing the amount which is credited under subsection (e) to any account in the Fund for any quarter to be less than the amount which (disregarding this subsection) would otherwise have been so credited to such account for such quarter.

.