Sets forth EUC program requirements for Federal-State agreements, formulas for determining amounts in individual EUC accounts and weekly benefits, payments to States, and financing.
Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation).
Makes an individual's period of EUC eligibility consist of any week which: (1) begins on or after the first day of the first week after the date on which an EUC agreement is entered into; and (2) ends on or before December 31, 2001. Prohibits any period of eligibility unless the individual's benefit year ends on or after January 1, 2001.
Directs the Secretary of Labor to establish an emergency health coverage assistance program to provide a limited period of premium assistance for certain qualified individuals for Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage, under the Employee Retirement Income Security Act of 1974 (ERISA).
Allows a State to elect to provide temporary Medicaid coverage for individuals who are: (1) eligible for unemployment benefits (including under title I of this Act); (2) not eligible for COBRA continuation coverage; and (3) not covered under a group health plan, health insurance, Medicare, or Medicaid.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3141 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3141
To provide for a program of emergency unemployment compensation and
emergency health coverage assistance.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 16, 2001
Mr. Kleczka introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
Education and the Workforce and Energy and Commerce, 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 provide for a program of emergency unemployment compensation and
emergency health coverage assistance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Worker
Assistance Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EMERGENCY UNEMPLOYMENT COMPENSATION
Sec. 101. Federal-State agreements.
Sec. 102. Emergency unemployment compensation account.
Sec. 103. Payments to States having agreements for the payment of
emergency unemployment compensation.
Sec. 104. Financing provisions.
Sec. 105. Fraud and overpayments.
Sec. 106. Definitions.
TITLE II--EMERGENCY HEALTH COVERAGE ASSISTANCE
Sec. 201. Premium assistance for COBRA continuation coverage.
Sec. 202. Optional temporary medicaid coverage for uninsured eligible
employees.
TITLE I--EMERGENCY UNEMPLOYMENT COMPENSATION
SECTION 101. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this Act with the Secretary of
Labor (hereinafter in this Act referred to as the ``Secretary''). Any
State which is a party to an agreement under this Act may, upon
providing 30 days' written notice to the Secretary, terminate such
agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State will make payments of
emergency unemployment compensation--
(1) to individuals who--
(A) have exhausted all rights to regular
compensation under the State law,
(B) have no rights to compensation (including both
regular compensation and extended compensation) with
respect to a week under such law or any other State
unemployment compensation law or to compensation under
any other Federal law (and are not paid or entitled to
be paid any additional compensation under any State or
Federal law), and
(C) are not receiving compensation with respect to
such week under the unemployment compensation law of
Canada, and
(2) for any week of unemployment which begins in the
individual's period of eligibility (as defined in section
106(b)).
(c) Exhaustion of Benefits.--For purposes of subsection (b)(1)(A),
an individual shall be deemed to have exhausted such individual's
rights to regular compensation under a State law when--
(1) 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
(2) 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.
(d) Weekly Benefit Amount.--For purposes of any agreement under
this Act--
(1) 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,
(2) the terms and conditions of the State law which apply
to claims for extended compensation and to the payment thereof
shall apply to claims for emergency unemployment compensation
and the payment thereof, except where inconsistent with the
provisions of this Act or with the regulations or operating
instructions of the Secretary promulgated to carry out this
Act, and
(3) the maximum amount of emergency unemployment
compensation payable to any individual for whom an account is
established under section 102 shall not exceed the amount
established in such account for such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State is
authorized to and may elect to trigger off an extended compensation
period in order to provide payment of emergency unemployment
compensation to individuals who have exhausted their rights to regular
compensation under State law. The preceding sentence shall not be
applicable with respect to any extended compensation period which
begins after December 31, 2002, nor shall the special rule in section
203(b)(1)(B) of the Federal-State Extended Unemployment Compensation
Act of 1970 (or the similar provision in any State law) operate to
preclude the beginning of an extended compensation period after
December 31, 2002, because of the ending of an earlier extended
compensation period under the preceding sentence.
SEC. 102. EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this Act shall provide that
the State will establish, for each eligible individual who files an
application for emergency unemployment compensation, an emergency
unemployment compensation account with respect to such individual's
benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to the lesser of--
(A) 100 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual with respect to the benefit year (as
determined under the State law) on the basis of which
the individual most recently received regular
compensation, or
(B) 26 times the individual's average weekly
benefit amount for the benefit year.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
(c) Effective Date.--No emergency unemployment compensation shall
be payable to any individual under this Act for any week--
(1) beginning before the first week following the week in
which an agreement under this Act is entered into, or
(2) ending after December 31, 2002.
SEC. 103. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) General Rule.--There shall be paid to each State which has
entered into an agreement under this Act an amount equal to 100 percent
of the emergency unemployment compensation paid to individuals by the
State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
made to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
Act or chapter 85 of title 5, United States Code. A State shall not be
entitled to any reimbursement under such chapter 85 in respect of any
compensation to the extent the State is entitled to reimbursement under
this Act in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this Act shall be payable,
either in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the State
will be entitled to receive under this Act 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.
SEC. 104. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905 of the Social Security Act) of
the Unemployment Trust Fund shall be used for the making of payments to
States having agreements entered into under this Act.
(b) Certification.--The Secretary 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 Act. The Secretary of the Treasury,
prior to audit or settlement by the General Accounting Office, shall
make payments to the State in accordance with such certification, by
transfers from the extended unemployment compensation account (as
established by section 905 of the Social Security Act) to the account
of such State in the Unemployment Trust Fund.
(c) Assistance to States.--There are hereby authorized to be
appropriated, without fiscal year limitation, such funds as may be
necessary for purposes of assisting States (as provided in title III of
the Social Security Act) in meeting the costs of administration of
agreements under this Act.
(d) Authorization of Appropriations for Certain Payments.--There
are authorized to be appropriated from the general fund of the
Treasury, without fiscal year limitation, to the extended unemployment
compensation account (as established by section 905 of the Social
Security Act) such sums as the Secretary estimates to be necessary to
make the payments under this section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code, and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
SEC. 105. FRAUD AND OVERPAYMENTS.
(a) In General.--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 emergency unemployment compensation under this Act to
which he was not entitled, such individual--
(1) shall be ineligible for further emergency unemployment
compensation under this Act in accordance with the provisions
of the applicable State unemployment compensation law relating
to fraud in connection with a claim for unemployment
compensation, and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of emergency unemployment compensation under this Act to which
they were not entitled, the State shall require such individuals to
repay the amounts of such emergency unemployment compensation to the
State agency, except that the State agency may waive such repayment if
it determines that--
(1) the payment of such emergency unemployment compensation
was without fault on the part of any such individual, and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
emergency unemployment compensation payable to such individual
under this Act or from any unemployment compensation payable to
such individual under any Federal unemployment compensation law
administered by the State agency or under any other 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 emergency unemployment
compensation to which they were not entitled, except that no
single deduction may exceed 50 percent of the weekly benefit
amount from which such deduction is made.
(2) Opportunity for hearing.--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.
(d) Review.--Any determination by a State agency under this section
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.
SEC. 106. DEFINITIONS.
For purposes of this Act:
(a) In General.--The terms ``compensation'', ``regular
compensation'', ``extended compensation'', ``additional 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.
(b) Period of Eligibility.--An individual's period of eligibility
consists of any week which begins on or after the first day of the
first week referred to in section 102(c)(1), and which ends on or
before December 31, 2002; except that an individual shall not have any
period of eligibility unless his benefit year ends on or after January
1, 2001.
TITLE II--EMERGENCY HEALTH COVERAGE ASSISTANCE
SEC. 201. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE.
(a) Establishment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Labor shall establish a
program under which premium assistance for COBRA continuation
coverage shall be provided for qualified individuals under this
section.
(2) Qualified individuals.--For purposes of this section, a
qualified individual is an individual who--
(A) establishes that the individual--
(i) on or after January 1, 2001, and before
January 1, 2003, became entitled to elect COBRA
continuation coverage (other than solely on the
basis described in paragraph (3), (4), (5), or
(6) of section 603 of the Employee Retirement
Income Security Act of 1974); and
(ii) has elected such coverage; and
(B) enrolls in the premium assistance program under
this section by not later than December 31, 2002.
(b) Limitation of Period of Premium Assistance.--Premium assistance
provided under this subsection shall end with respect to an individual
on the earlier of--
(1) the date the individual is no longer covered under
COBRA continuation coverage; or
(2) 12 months after the date the individual is first
enrolled in the premium assistance program established under
this section.
(c) Payment, and Crediting of Assistance.--
(1) Amount of assistance.--Premium assistance provided
under this section shall be equal to 50 percent of the amount
of the premium required for the COBRA continuation coverage.
(2) Provision of assistance.--Premium assistance provided
under this section shall be provided through the establishment
of direct payment arrangements with the administrator of the
group health plan (or other entity) that provides or
administers the COBRA continuation coverage. It shall be a
fiduciary duty of such administrator (or other entity) to enter
into such arrangements under this section.
(3) Premiums payable by qualified individual reduced by
amount of assistance.--Premium assistance provided under this
section shall be credited by such administrator (or other
entity) against the premium otherwise owed by the individual
involved for such coverage.
(d) Change in COBRA Notice.--
(1) General notice.--
(A) In general.--In the case of notices provided
under sections 606 of the Employee Retirement Income
Security Act of 1974, section 2206 of the Public Health
Service Act, and section 4980B(f)(6) of the Internal
Revenue Code of 1986 with respect to individuals who,
on or after January 1, 2001, and before January 1,
2003, become entitled to elect COBRA continuation
coverage, such notices shall include an additional
notification to the recipient of the availability of
premium assistance for such coverage under this
section.
(B) Alternative notice.--In the case of COBRA
continuation coverage to which the notice provisions
described in subparagraph (A) do not apply, the
Secretary of Labor shall, in coordination with
administrators of the group health plans (or other
entities) that provide or administer the COBRA
continuation coverage involved, assure provision of
such notice.
(C) Form.--The requirement of the additional
notification under this paragraph may be met by
amendment of existing notice forms or by inclusion of a
separate document with the notice otherwise required.
(2) Specific requirements.--Each additional notification
under paragraph (1) shall include--
(A) the forms necessary for establishing
eligibility under subsection (a)(2)(A) and enrollment
under subsection (a)(2)(B) in connection with the
coverage with respect to each covered employee or other
qualified beneficiary;
(B) the name, address, and telephone number
necessary to contact the plan administrator and any
other person maintaining relevant information in
connection with the premium assistance; and
(C) the following statement displayed in a
prominent manner:
``You may be eligible to receive assistance with payment of 50
percent of your COBRA continuation coverage premiums for a duration of
not to exceed 12 months.''.
(3) Notice relating to retroactive coverage.--In the case
of such notices previously transmitted before the date of the
enactment of this Act in the case of an individual described in
paragraph (1) who has elected (or is still eligible to elect)
COBRA continuation coverage as of the date of the enactment of
this Act, the administrator of the group health plan (or other
entity) involved or the Secretary of Labor (in the case
described in the paragraph (1)(B)) shall provide (within 60
days after the date of the enactment of this Act) for the
additional notification required to be provided under paragraph
(1).
(4) Model notices.--The Secretary of Labor shall prescribe
models for the additional notification required under this
subsection.
(e) Obligation of Funds.--This section constitutes budget authority
in advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of premium assistance
under this section.
(f) Prompt Issuance of Guidance.--The Secretary of Labor shall
issue guidance under this section not later than 30 days after the date
of the enactment of this Act.
(g) Definitions.--In this title:
(1) Administrator.--The term ``administrator'' has the
meaning given such term in section 3(16) of the Employee
Retirement Income Security Act of 1974.
(2) COBRA continuation coverage.--The term ``COBRA
continuation coverage'' means continuation coverage provided
pursuant to title XXII of the Public Health Service Act,
section 4980B of the Internal Revenue Code of 1986 (other than
subsection (f)(1) of such section insofar as it relates to
pediatric vaccines), part 6 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (other than
under section 609), section 8905a of title 5, United States
Code, or under a State program that provides continuation
coverage comparable to such continuation coverage.
(3) Group health plan.--The term ``group health plan'' has
the meaning given such term in section 9832(a) of the Internal
Revenue Code of 1986.
(4) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
SEC. 202. OPTIONAL TEMPORARY MEDICAID COVERAGE FOR UNINSURED ELIGIBLE
EMPLOYEES.
(a) In General.--Notwithstanding any other provision of law, a
State may elect to provide, under its medicaid program under title XIX
of the Social Security Act, medical assistance in the case of an
individual who is eligible for unemployment benefits (including under
title I), who is not eligible for COBRA continuation coverage, and who
is uninsured. For purposes of this section, an individual is considered
to be uninsured if the individual is not covered under a group health
plan, health insurance coverage, or under such program or a program
under title XVIII or XXI of such Act.
(b) Limitation to 12 Months of Coverage.--Assistance under this
section shall end with respect to an individual on the earlier of--
(1) the date the individual is no longer uninsured; or
(2) 12 months after the date the individual is first
determined to be eligible for medical assistance under this
section.
(c) Special Rules.--In the case of medical assistance provided
under this section--
(1) the Federal medical assistance percentage under section
1905(b) of the Social Security Act shall be 100 percent;
(2) a State may elect to disregard any income, asset, or
resource limitation imposed under the State medicaid plan or
under title XIX of such Act;
(3) such medical assistance shall not be provided for
periods before the date the individual is determined eligible
for such assistance;
(4) a State may elect to make eligible for such assistance
a dependent spouse or children of an individual eligible for
medical assistance under subsection (a), if such spouse or
children are uninsured; and
(5) individuals eligible for medical assistance under this
section shall be deemed to be described in the list of
individuals described in the matter preceding paragraph (1) of
section 1905(a) of such Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, and Energy and Commerce, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, and Energy and Commerce, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, and Energy and Commerce, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, and Energy and Commerce, 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.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Human Resources.
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Referred to the Subcommittee on Health.
Referred to the Subcommittee on Employer-Employee Relations.