To extend the Temporary Extended Unemployment Compensation Act of 2002, and for other purposes.

November 21, 2003

Mr. TIAHRT introduced the following bill; which was referred to the Committee on Ways and Means

To extend the Temporary Extended Unemployment Compensation Act of 2002, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

(a) SHORT TITLE- This Act may be cited as the `American Workers Assistance Act'.

(b) REFERENCES- Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C. 3304 note).

SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 2002.

(a) SIX-MONTH EXTENSION OF PROGRAM- Section 208 is amended to read as follows:

`SEC. 208. APPLICABILITY.

`(a) IN GENERAL- Subject to subsection (b), an agreement entered into under this title shall apply to weeks of unemployment--

`(1) beginning after the date on which such agreement is entered into; and

`(2) ending before July 1, 2004.

`(b) TRANSITION- In the case of an individual who is receiving temporary extended unemployment compensation for the week which immediately precedes the first day of the week that includes July 1, 2004, temporary extended unemployment compensation shall continue to be payable to such individual for any week thereafter from the account from which such individual received compensation for the week immediately preceding that termination date. No compensation shall be payable by reason of the preceding sentence for any week beginning after December 31, 2004.'.

(b) EFFECTIVE DATE- The amendment made by this section shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C. 3304 note).

SEC. 3. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION.

(a) WEEKS OF TEUC AMOUNTS- Paragraph (1) of section 203(b) is amended to read as follows:

`(1) IN GENERAL- The amount established in an account under subsection (a) shall be equal to 26 times the individual's weekly benefit amount for the benefit year.'.

(b) WEEKS OF TEUC-X AMOUNTS- Section 203(c)(1) is amended by striking `an amount equal to the amount originally established in such account (as determined under subsection (b)(1))' and inserting `7 times the individual's weekly benefit amount for the benefit year'.

(c) EFFECTIVE DATE-

(1) IN GENERAL- The amendments made by this section--

(A) shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C. 3304 note); but

(B) shall apply only with respect to weeks of unemployment beginning on or after the date of enactment of this Act, subject to paragraph (2).

(2) SPECIAL RULES- In the case of an individual for whom a temporary extended unemployment compensation account was established before the date of enactment of this Act, the Temporary Extended Unemployment Compensation Act of 2002 (as amended by this Act) shall be applied subject to the following:

(A) Any amounts deposited in the individual's temporary extended unemployment compensation account by reason of section 203(c) of such Act (commonly known as `TEUC-X amounts') before the date of enactment of this Act shall be treated as amounts deposited by reason of section 203(b) of such Act (commonly known as `TEUC amounts'), as amended by subsection (a).

(B) For purposes of determining whether the individual is eligible for any TEUC-X amounts under such Act, as amended by this Act--

(i) any determination made under section 203(c) of such Act before the application of the amendments made by this Act shall be disregarded; and

(ii) any such determination shall instead be made by applying section 203(c) of such Act, as amended by this Act--

(I) as of the time that all amounts established in such account in accordance with section 203(b) of such Act (as amended by this Act, and including any amounts described in subparagraph (A)) are in fact exhausted, except that

(II) if such individual's account was both augmented by and exhausted of all TEUC-X amounts before the date of enactment of this Act, such determination shall be made as if exhaustion (as described in section 203(c)(1) of such Act) had not occurred until such date of enactment.

SEC. 4. EXTENDED BENEFIT PERIODS.

(a) APPLICATION OF REVISED RATE OF INSURED UNEMPLOYMENT- Section 207 is amended--

(1) by striking `In' and inserting `(a) IN GENERAL- In'; and

(2) by adding at the end the following:

`(b) INSURED UNEMPLOYMENT RATE- For purposes of carrying out section 203(c) with respect to weeks of unemployment beginning on or after the date of enactment of this subsection, the term `rate of insured unemployment', as used in section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), has the meaning given such term under section 203(e)(1) of such Act, except that individuals exhausting their right 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, and section 203(d)(1)(A) of such Act shall be applied by substituting `either (or both)' for `each'.'.

(b) ADDITIONAL EXTENDED BENEFIT PERIOD TRIGGER-

(1) IN GENERAL- Section 203(c) is amended by adding at the end the following:

`(3) ADDITIONAL EXTENDED BENEFIT PERIOD TRIGGER-

`(A) IN GENERAL- Effective with respect to compensation for weeks of unemployment beginning on or after the date of enactment of this paragraph, an agreement under this title shall provide that, in addition to any other extended benefit period trigger, for purposes of beginning or ending any extended benefit period under this section--

`(i) 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 percent; and

`(II) the average rate of total unemployment in such State (seasonally adjusted) for the 3-month period referred to in subclause (I) equals or exceeds 110 percent of such average rate for the corresponding 3-month period ending in either (or both) of the preceding 2 calendar years; and

`(ii) there is a State `off' indicator for a week if either the requirements of subclause (I) or (II) of clause (i) are not satisfied.

`(B) NO EFFECT ON OTHER DETERMINATIONS- Notwithstanding the provisions of any agreement described in subparagraph (A), 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.

`(C) DETERMINATIONS MADE BY THE SECRETARY- 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.'.

(2) CONFORMING AMENDMENT- Section 203(c)(1) is amended by inserting `or (3)' after `paragraph (2)'.

END