§ 4001.

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In General .— Any State which desires to do so may enter into and participate in an agreement under this title with the Secretary of Labor (in this title referred to as the ‘Secretary’). 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. Provisions of Agreement .— Any agreement under subsection

(a)shall provide that the State agency of the State will make payments of emergency unemployment compensation to individuals who— have exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year (excluding any benefit year that ended before May 1, 2007 ); 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. Exhaustion of Benefits .— For purposes of subsection (b)(1), an 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. Weekly Benefit Amount, Etc .— For purposes of any agreement under this title— 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; 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 emergency unemployment compensation and the payment thereof, except— that an individual shall not be eligible for emergency unemployment compensation under this title 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, as determined under the provisions of the State law implementing section 202(a)(5) of the Federal-State Extended Unemployment Compensation Act of 1970 [ Pub. L. 91–373 ] ( 26 U.S.C. 3304 note); and where otherwise inconsistent with the provisions of this title or with the regulations or operating instructions of the Secretary promulgated to carry out this title; and the maximum amount of emergency unemployment compensation payable to any individual for whom an emergency unemployment compensation account is established under section 4002 shall not exceed the amount established in such account for such individual. Coordination Rule .— An agreement under this section shall apply with respect to a State only upon a determination by the Secretary that, under the State law or other applicable rules of such State, the payment of extended compensation for which an individual is otherwise eligible must be deferred until after the payment of any emergency unemployment compensation under section 4002, as amended by the Unemployment Benefits Extension Act of 2012 [subtitle B of title II of Pub. L. 112–96 ], for which the individual is concurrently eligible. Unauthorized Aliens Ineligible .— A State shall require as a condition of eligibility for emergency unemployment compensation under this Act [probably means “this title”] 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) ). Nonreduction Rule .— An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the method governing the computation of regular compensation under the State law of that State has been modified in a manner such that— the average weekly benefit amount of regular compensation which will be payable during the period of the agreement occurring on or after June 2, 2010 (determined disregarding any additional amounts attributable to the modification described in section 2002(b)(1) 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. 438 )), will be less than the average weekly benefit amount of regular compensation which would otherwise have been payable during such period under the State law, as in effect on June 2, 2010 . Actively Seeking Work.— In general .— For purposes of subsection (b)(4), the term ‘actively seeking work’ means, with respect to any individual, that such individual— is registered for employment services in such a manner and to such extent as prescribed by the State agency; has engaged in an active search for employment that is appropriate in light of the employment available in the labor market, the individual’s skills and capabilities, and includes a number of employer contacts that is consistent with the standards communicated to the individual by the State; has maintained a record of such work search, including employers contacted, method of contact, and date contacted; and when requested, has provided such work search record to the State agency. Random auditing .— The Secretary shall establish for each State a minimum number of claims for which work search records must be audited on a random basis in any given week. Provision of Services and Activities.— In general .— An agreement under this section shall require the following: The State which is party to such agreement shall provide reemployment services and reemployment and eligibility assessment activities to each individual— who, on or after the 30th day after the date of enactment of the Extended Benefits, Reemployment, and Program Integrity Improvement Act [ Feb. 22, 2012 ], begins receiving amounts described in subsections

(b)and (c); and while such individual continues to receive emergency unemployment compensation under this title. As a condition of eligibility for emergency unemployment compensation for any week— a claimant who has been duly referred to reemployment services shall participate in such services; and a claimant shall be actively seeking work (determined applying subsection

(i)[probably means subsection (h)]). Description of services and activities .— The reemployment services and in-person reemployment and eligibility assessment activities provided to individuals receiving emergency unemployment compensation described in paragraph (1)— shall include— the provision of labor market and career information; an assessment of the skills of the individual; orientation to the services available through the one-stop centers established under title I of the Workforce Investment Act of 1998 [former 29 U.S.C. 2801 et seq.]; and review of the eligibility of the individual for emergency unemployment compensation relating to the job search activities of the individual; and may include the provision of— comprehensive and specialized assessments; individual and group career counseling; training services; additional reemployment services; and job search counseling and the development or review of an individual reemployment plan that includes participation in job search activities and appropriate workshops. Participation requirement .— As a condition of continuing eligibility for emergency unemployment compensation for any week, an individual who has been referred to reemployment services or reemployment and eligibility assessment activities under this subsection shall participate in such services or activities, unless the State agency responsible for the administration of State unemployment compensation law determines that— such individual has completed participating in such services or activities; or there is justifiable cause for failure to participate or to complete participating in such services or activities, as determined in accordance with guidance to be issued by the Secretary. Authority to Conduct Self-employment Assistance Program.— In general.— Establishment .— Any agreement under subsection

(a)may provide that the State agency of the State shall establish a self-employment assistance program, as described in paragraph (2), to provide for the payment of emergency unemployment compensation as self-employment assistance allowances to individuals who would otherwise satisfy the eligibility criteria specified in subsection (b). Payment of allowances .— Subject to subparagraph (C), the self-employment assistance allowance described in subparagraph

(A)shall be paid to an eligible individual from such individual’s emergency unemployment compensation account, as described in section 4002, and the amount in such account shall be reduced accordingly. Limitation on self-employment assistance for individuals receiving extended compensation and emergency unemployment compensation.— Combined eligibility limit .— Subject to clause (ii), for purposes of self-employment assistance programs established under this subsection and section 208 of the Federal-State Extended Unemployment Compensation Act of 1970 [ Pub. L. 91–373 , set out below], an individual shall be provided with self-employment assistance allowances under such programs for a total of not greater than 26 weeks (referred to in this subsection as the ‘combined eligibility limit’). Carryover rule .— For purposes of an individual who is participating in a self-employment assistance program established under this subsection and has not reached the combined eligibility limit as of the date on which such individual exhausts all rights to extended compensation under this title, the individual shall be eligible to receive self-employment assistance allowances under a self-employment assistance program established under section 208 of the Federal-State Extended Unemployment Compensation Act of 1970 until such individual has reached the combined eligibility limit, provided that the individual otherwise satisfies the eligibility criteria described under title II of such Act [probably means title II of Pub. L. 91–373 , set out below]. Definition of ‘self-employment assistance program’ .— For the purposes of this section, the term ‘self-employment assistance program’ means a program as defined under section 3306(t) of the Internal Revenue Code of 1986, except as follows: all references to ‘regular unemployment compensation under the State law’ shall be deemed to refer instead to ‘emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008’ [this note]; paragraph (3)(B) shall not apply; clause

(i)of paragraph (3)(C) shall be deemed to state as follows: “ ‘(i) include any entrepreneurial training that the State or non-profit organizations may provide in coordination with programs of training offered by the Small Business Administration, which may include business counseling, mentorship for participants, access to small business development resources, and technical assistance; and’; the reference to ‘5 percent’ in paragraph

(4)shall be deemed to refer instead to ‘1 percent’; and paragraph

(5)shall not apply. Availability of self-employment assistance allowances .— In the case of an individual who is eligible to receive emergency unemployment compensation payment under this title, such individual shall not receive self-employment assistance allowances under this subsection unless the State agency has a reasonable expectation that such individual will be entitled to at least 13 times the individual’s average weekly benefit amount of extended compensation and emergency unemployment compensation. Participant option to terminate participation in self-employment assistance program.— Termination .— An individual who is participating in a self-employment assistance program established under this subsection may elect to discontinue participation in such program at any time. Continued eligibility for emergency unemployment compensation .— For purposes of an individual whose participation in the self-employment assistance program established under this subsection is terminated pursuant to paragraph (1)(C) or who has discontinued participation in such program, if the individual continues to satisfy the eligibility requirements for emergency unemployment compensation under this title, the individual shall receive emergency unemployment compensation payments with respect to subsequent weeks of unemployment, to the extent that amounts remain in the account established for such individual under section 4002(b) or to the extent that such individual commences receiving the amounts described in subsections (c), (d), or

(e)of such section, respectively.

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Cited by 68 sections · top 47

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U.S. Code

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Traces to 4 documents

U.S. Code

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To provide a temporary extension of certain programs, and for other purposes
Public Law 111–157

4 references not yet in our index

Pub. L. 91-373
Pub. L. 112-96
42 USC 1320b–7(d)
Pub. L. 111-5

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cites case law

§ 4001

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Pub. L.×9

Stat. Comp.×7

U.S.C.×3

U.S.C.§ 3304

U.S.C.§ 3301

Stat.Public Law 111–157

U.S.C.§ 2801

Pub. L.Pub. L. 91-373

Pub. L.Pub. L. 112-96

Cite42 USC 1320b–7(d)

Pub. L.Pub. L. 111-5

Cites 8Cited by 68 across 5 sources