Text
of Section 4002 of Public Law 108-11, Supplemental Appropriations Act to
Support Department of Defense Operations in Iraq for Fiscal Year 2003.
(a)
DEFINITIONS.-For purposes of this section-
(1)
the term “eligible individual” means an individual whose eligibility for
temporary extended unemployment compensation under the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21), as
amended by Public Law 108-1 (117 Stat. 3), is or would be based on the
exhaustion of regular compensation under State law, entitlement to which was
based in whole or in part on qualifying employment performed during such
individual’s base period;
(2)
the term “qualifying employment”, with respect to an eligible
individual, means employment-
(A) with an air carrier, employment at a
facility at an airport, or with an upstream producer or supplier for an air
carrier; and
(B) as determined by the Secretary,
separation from which was due, in whole or in part, to—
(i) reductions in service by an air
carrier as a result of a terrorist action or security measure;
(ii) a closure of an airport in the
United States as a result of a terrorist action or security measure; or
(iii) a military conflict with Iraq that
has been authorized by Congress;
(3)
the term “air carrier” means an air carrier that holds a certificate
issued under chapter 411 of title 49, United States Code;
(4) the term “upstream producer” means a
firm that performs additional, value-added, production processes, including
firms that perform final assembly, finishing, or packaging of articles, for
another firm;
(5) the term “supplier” means a firm that
produces component parts for, or articles and contract services considered to
be a part of the production process or services for, another firm;
(6) the term “Secretary” means the
Secretary of Labor; and
(7) the term “terrorist action or
security measure” means a terrorist
attack on the United States on September 11, 2001, or a security measure taken
in response to such attack.
(b) ADDITIONAL TEMPORARY EXTENDED UNEMPLOYMENT
COMPENSATION FOR ELIGIBLE INDIVIDUAL-
In the case of an eligible individual, the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21), as
amended by Public Law 108-1 (117 Stat. 3), shall be applied as if it had been
amended in accordance with subsection (c).
(c) MODIFICATIONS.-
(1) IN GENERAL.-For purposes of
subsection (b), the Temporary Extended Unemployment Compensation Act of 2002
(Public Law 107-147; 116 Stat. 21), as amended by Public Law 108-1 (117 Stat.
3), shall be treated as if it had been amended as provided in this subsection.
(2) PROGRAM EXTENSION.-Deem section 208
of the Temporary Extended Unemployment Compensation Act of 2002, as amended by
Public Law 108-1 (117 Stat. 3), to be 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 December 29, 2003.
“(b)
TRANSITION FOR AMOUNT REMAINING IN ACCOUNT-
“(1) IN GENERAL.-Subject to paragraph
(2), in the case of an individual who has amounts remaining in an account
established under section 203 as of December 28, 2003, temporary extended
unemployment compensation shall continue to be payable to such individual from
such amounts for any week beginning after such date for which the individual
meets the eligibility requirements of this title.
“(2) NO AUGMENTATION AFTER DECEMBER 28,
2003.-If the account of an individual is exhausted after December 28, 2003,
then section 203(c) shall not apply and such account shall not be augmented
under such section, regardless of whether such individual’s State is in an
extended benefit period (as determined under paragraph (2) of such section).
“(3) LIMITATION.-No compensation shall be
payable by reason of paragraph (1) for any week beginning after December 26,
2004.”.
(3)
ADDITIONAL WEEKS OF BENEFITS- Deem section 203 of the Temporary Extended
Unemployment Compensation Act of 2002, as amended by Public Law 108-1 (117
Stat. 3), to be amended—
(A) in subsection (b)(1)—
(i) in subparagraph (A), by striking “50”
and inserting “150” and
(ii) by striking “13” and inserting “39”;
and
(B) in subsection (c)(1), by inserting
“13 of” after “equal to”.
(4)
EFFECTIVE DATE OF MODIFICATIONS DESCRIBED IN PARAGRAPH (3).-
(A) IN GENERAL.-The amendments described
in paragraph (3)—
(i) shall be deemed to have taken effect
as if included in the enactment of the Temporary Extended Unemployment
Compensation Act of 2002; but
(ii) shall be treated as applying only
with respect to weeks of unemployment beginning on or after the date of
enactment of this Act, subject to subparagraph (B).
(B) SPECIAL RULES.- In the case of an
eligible individual for whom a temporary extended unemployment account was
established before the date of enactment of this Act, the Temporary Extended
Unemployment Compensation Act of 2002 (as amended by this section) shall be
applied subject to the following:
(i) 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 deemed to
have been amended by paragraph (3)(A).
(ii) For purposes of determining whether
the individual is eligible for any TEUC-X amounts under such Act, as deemed to
be amended by this subsection—
(I) any determination made under
section 203(c) of such Act before the application of the amendment described in
paragraph (3)(B) shall be disregarded; and
(II) any such determination shall instead be made by
applying section 203(c) of such Act, as deemed to be amended by paragraph
(3)(B) as of the time that all amounts established in such account in
accordance with section 203(b) of such Act (as deemed to be amended under this
subsection, and including any amounts described in clause (i)) are in fact
exhausted.