Sec. 232. Permanent State requirement for the provision of additional unemployment compensation for certain adversely affected workers
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Chapter 23 of subtitle C of the Internal Revenue Code of 1986 is amended— in section 3304(a)— in paragraph (18), by striking and at the end; by redesignating paragraph
(19)as paragraph (20); and by inserting after paragraph
(18)the following new paragraph: additional unemployment compensation for applicable individuals shall be payable as provided in section 3312; and ; and by adding at the end the following: For purposes of section 3304(a)(19), a State law shall provide that payment of additional unemployment compensation shall be made to applicable individuals who— have exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year; have no rights to regular compensation with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; are not receiving compensation with respect to such week under the unemployment compensation law of Canada; and are able to work, available to work, and actively seeking work. Additional unemployment compensation shall not be denied under subparagraph
(A)to an applicable individual for any week by reason of a failure to accept an offer of, or apply for, work if the work does not provide for comparable benefits (as defined in section 232(c) of the Clean Energy Worker Just Transition Act ). For purposes of paragraph (1)(A), an applicable individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when— 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 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. Subject to paragraph (4), for purposes of this section— the amount of additional unemployment compensation which shall be payable to any applicable 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; the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof (including terms and conditions relating to availability for work, active search for work, and refusal to accept work) shall apply to claims for additional unemployment compensation and the payment thereof, except— that an applicable individual shall not be eligible for additional unemployment compensation unless, in the base period with respect to which such individual exhausted all rights to regular compensation under the State law, such individual had 20 weeks of full-time insured employment or the equivalent in insured wages, as determined under the provisions of the State law implementing section 202(a)(5) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note); and where otherwise inconsistent with the provisions of this section or with the regulations or operating instructions of the Secretary of Labor promulgated to carry out this section; and the maximum amount of additional unemployment compensation payable to any applicable individual is 156 weeks. In the case of an applicable individual who received temporary additional unemployment compensation under section 231 of the Clean Energy Worker Just Transition Act for weeks ending prior to January 1, 2020— the number of weeks described in subparagraph (A)(iii) shall be reduced by the number of weeks such individual received the temporary additional unemployment compensation under such section 231; and in determining the amount under subparagraph
(A)for such individual, the State shall use the same benefit year as was used for such individual under such section 231. In determining the amount under paragraph (3), a State shall not establish a new benefit year with respect to applicable individuals. Notwithstanding any other provision of Federal law (and if the State law permits), the Governor of a State that is in an extended benefit period may provide for the payment of emergency unemployment compensation prior to additional unemployment compensation to applicable individuals who otherwise meet the requirements of this section. A State shall require as a condition of additional unemployment compensation that each alien who receives such compensation must be legally authorized to work in the United States, as defined for purposes of the Federal Unemployment Tax Act ( 26 U.S.C. 3301 et seq.). In determining whether an alien meets the requirements of this subsection, a State must follow the procedures provided in section 1137(d) of the Social Security Act ( 42 U.S.C. 1320b–7(d) ). There shall be paid to each State an amount equal to 100 percent of— the total amount of additional unemployment compensation paid to applicable individuals by the State pursuant to this section; and any additional administrative expenses incurred by the State by reason of this section (as determined by the Secretary of Labor). Sums payable to any State by reason of this section shall be payable, either in advance or by way of reimbursement (as determined by the Secretary of Labor), in such amounts as the Secretary of Labor estimates the State will be entitled to receive under this section for a period, reduced or increased, as the case may be, by any amount by which the Secretary of Labor finds that his estimates for any prior period 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 of Labor and the State agency of the State involved. The Secretary of Labor 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. Payments to States under an agreement under this section shall be made from the Clean Energy Workers Trust Fund established under section 251 of the Clean Energy Worker Just Transition Act . 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 additional unemployment compensation to which such individual was not entitled, such individual— shall be ineligible for further additional unemployment compensation in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and shall be subject to prosecution under section 1001 of title 18, United States Code. In the case of individuals who have received amounts of additional unemployment compensation to which they were not entitled, the State shall require such individuals to repay the amounts of such additional unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that— the payment of such additional unemployment compensation was without fault on the part of any such individual; and such repayment would be contrary to equity and good conscience. The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any additional unemployment compensation payable to such individual under this section or from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or 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 additional unemployment compensation to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State. 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. Any determination by a State agency under this subsection 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. In this section: The term applicable individual means, with respect to a week of additional unemployment compensation, an individual who— is a certified adversely affected worker (as defined in section 202 of the Clean Energy Worker Just Transition Act ) for such week; and has been awarded adjustment assistance for option A under section 221(b)(1) of such Act for such week. The terms compensation , regular compensation , extended compensation , benefit year , base period , State , State agency , State law , and week have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). . The table of sections for chapter 23 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following item: Sec. 3312. Additional unemployment compensation. . The amendments made by this section shall take effect on January 1, 2020, and shall apply to weeks of unemployment ending on or after such date.
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- 42 USC 1320b–7(d)
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Sec. 232
Permanent State requirement for the provision of additional unemployment compensation for certain adversely affected workers
Cite42 USC 1320b–7(d)
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