S. 803 — Introduced in Senate

II 113th CONGRESS 1st Session S. 803 IN THE SENATE OF THE UNITED STATES April 24, 2013 Mr. Reid (for Mr. Lautenberg (for himself, Mrs. Gillibrand, and Mr. Blumenthal)) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide enhanced disaster unemployment assistance to States affected by Hurricane Sandy and Tropical Storm Sandy of 2012, and for other purposes. 1. Short title This Act may be cited as the Superstorm Sandy Unemployment Relief Act of 2013. 2. Extension of disaster unemployment benefit period (a) In general Notwithstanding the maximum time period for assistance established under section 410(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177(a)), in the case of an individual who is eligible to receive unemployment assistance under that section 410(a) as a result of a disaster declaration made by reason of Hurricane Sandy after October 20, 2012, the President shall make such assistance available for 39 weeks after the date of the disaster declaration. (b) References References in this Act to Hurricane Sandy shall be deemed to include Tropical Storm Sandy, occurring in the Fall of 2012. 3. Assistance to States (a) Payments to States (1) In general Payments shall be made to a State in an amount equal to 100 percent of the amount of unemployment compensation paid under the provisions of the State law to affected individuals in each State in which a major disaster was declared with respect to that State or any area within that State under the Robert T. Stafford Disaster Assistance Relief and Emergency Assistance Act by reason of Hurricane Sandy in 2012. (2) Funding and transfer of funds (A) Funding There are appropriated, out of moneys in the Treasury not otherwise obligated, such sums as may be necessary for purposes of carrying out this section, and such sums shall not be required to be repaid. (B) Transfers Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the General Fund of the Treasury to— (i) the extended unemployment compensation account (as established by section 905 of the Social Security Act (42 U.S.C. 1105)) such sums as the Secretary of Labor estimates to be necessary to make payments to States for the unemployment compensation identified in paragraph (1); and (ii) the employment security administration account (as established by section 901 of the Social Security Act (42 U.S.C. 1101)) such sums as the Secretary of Labor estimates to be necessary for purposes of assisting States in meeting the costs of administering this section. (3) Terms of payments Payments made to a State under this section shall be made by way of advance or reimbursement. (4) Limitations on payments No payments shall be made to a State under this section for unemployment compensation paid by the State to an affected individual, if the State is advanced or reimbursed for the costs of such unemployment compensation under other provisions of Federal law. (b) Applicability Payments to a State under subsection (a) shall be available for unemployment compensation payable with respect to weeks of unemployment— (1) beginning on or after October 28, 2012; and (2) ending on or before July 28, 2013. (c) Definitions In this section, the following definitions shall apply: (1) State; State law The terms State and State law have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). (2) Affected individual The term affected individual means an individual eligible for unemployment compensation under State law, whose unemployment is a direct result (as described in section 625.5(c) of title 20, Code of Federal Regulations) of the major disaster that was declared with respect to that State or any area within that State under the Robert T. Stafford Disaster Assistance Relief and Emergency Assistance Act by reason of Hurricane Sandy in 2012. (d) Sense of the Senate It is the sense of the Senate that— (1) upon receiving a reimbursement or advance under this section, a State should, if State law allows— (A) reverse or waive any charges to employer accounts related to unemployment compensation paid to affected individuals for which the reimbursement or advance is provided; or (B) in the case of a State or local governmental entity, non-profit organization, Indian tribe, or other employer, which elected to reimburse the State for unemployment compensation paid to affected individuals in lieu of paying taxes based on charges to its employer account, reimburse such employer for such costs; and (2) in the case of an affected individual in a State who, in relation to their initial week of unemployment during the applicable period under subsection (b), received a waiting period credit instead of an unemployment compensation payment— (A) the State, if State law allows, should provide for retroactive payment of unemployment compensation for such week; and (B) the State may receive reimbursement under this section for such retroactive payment. 4. Regulations The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this Act.