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Full Text of this Amendment

SA 3434. Mr. REED (for himself, Mr. KERRY, Mr. LIEBERMAN, Mr. WHITEHOUSE, and Mrs. SHAHEEN) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:


After section 201 insert the following:
SEC. 202. MODIFICATION TO ELIGIBILITY REQUIREMENTS FOR EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) Individual Not Ineligible by Reason of Subsequent Entitlement to Regular Benefits.--Section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by adding at the end the following new subsection:
"(g) Certain Rights to Regular Compensation Disregarded.--If an individual exhausted the individual's rights to regular compensation for any benefit year, such individual's eligibility to receive emergency unemployment compensation under this title in respect of such benefit year shall be determined without regard to any rights to regular compensation for a subsequent benefit year if such individual does not file a claim for regular compensation for such subsequent benefit year.".

(b) Effective Date.--
(1) IN GENERAL.--The amendment made by this section shall apply to weeks of unemployment beginning after the date of the enactment of this Act.
(2) TRANSITION RULES.--
(A) WAIVER OF RECOVERY OF CERTAIN OVERPAYMENTS.--On and after the date of the enactment of this Act, no repayment of any emergency unemployment compensation shall be required under section 4005 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) if the individual would have been entitled to receive such compensation had the amendment made by subsection (a) applied to all weeks beginning on or before the date of the enactment of this Act.
(B) WAIVER OF RIGHTS TO CERTAIN REGULAR BENEFITS.--If--
(i) before the date of the enactment of this Act, an individual exhausted the individual's rights to regular compensation for any benefit year, and
(ii) after such exhaustion, such individual was not eligible to receive emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) by reason of being entitled to regular compensation for a subsequent benefit year,

such individual may elect to defer the individual's rights to regular compensation for such subsequent benefit year with respect to weeks beginning after such date of enactment until such individual has exhausted the individual's rights to emergency unemployment compensation in respect of the benefit year referred to in clause (i), and such individual shall be entitled to receive emergency unemployment compensation for such weeks in the same manner as if the individual had not been entitled to
the regular compensation to which the election applies.


(As printed in the Congressional Record for the Senate on Mar 8, 2010.)