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 123STA T .4 14 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ SubchapterC—Ind u s tr yo r Sector P artnersh i p G rant Pro g ra mf or Communities Impacted by T rade ‘‘Sec .279A . Industry or sector partnership grant program for communities im - pacted by trade. ‘‘Sec. 279 B. Authori z ation of appropriations. ‘‘Subchapter D —Genera l Pro v isions ‘‘Sec. 279C. R ule of construction. ’ ’ (b)JUDIC I ALREV IE W.— ( 1 ) Section284 ( a )o f t h e Tr a d e A ctof1 97 4 (19 U .S. C . 2 3 9 5 (a)) i s a m ended— (A) b y insertin g‘ ‘or 29 6’ ’ after ‘‘section 293’’ ( B ) by stri k ing ‘‘or any other interested domestic p arty’’ and inserting ‘‘or a u thori z ed representati v eofacommu - nity’’; and (C) by striking ‘‘section 271’’ and inserting ‘‘section 273’’. (2) Section 1581(d) of tit l e28 , United States Code, is amended— (A) in paragraph (2), by striking ‘‘; and’’ and inserting a semicolon; (B) in paragraph (3)— (i) by striking ‘‘271’’ and inserting ‘‘273’’; and (ii) by striking the period and inserting ‘‘; and’’; and (C) by adding at the end the follo w ing ‘‘(4) any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 (19 U.S.C. 24 0 1b) with respect to the eligibility of a group of agricultural commodity producers for ad j ustment assistance under such Act.’’. PARTIV— TRA DE AD JUS T M E N T ASSISTAN C E FO R FARMERS SEC.18 81. D E FIN I T I O NS. Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is amended— (1) by amending paragraph (1) to read as follows: ‘‘(1) A GR ICUL T URAL C OM MODIT Y .—The term ‘agricultural commodity’ includes— ‘‘(A) any agricultural commodity (including livestock) in its raw or natural state; ‘‘(B) any class of goods within an agricultural com- modity; and ‘‘(C) in the case of an agricultural commodity producer described in paragraph (2)(B), wild-caught a q uatic species.’’; (2) by amending paragraph (2) to read as follows: ‘‘(2) AGRICULTURAL COMMODITY P RODUCER.—The term ‘agri- cultural commodity producer’ means— ‘‘(A) a person that shares in the risk of producing an agricultural commodity and that is entitled to a share of the commodity for marketing, including an operator, a sharecropper, or a person that owns or rents the land on which the commodity is produced; or ‘‘(B) a person that reports gain or loss from the trade or business of fishing on the person’s annual F ederal income ta x return for the taxable year that most closely


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 123STA T .4 1 5PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9cor r esp o nd s t ot h e ma r k et i n gy ear w ith respect to which a petition is f i l ed u nder section 29 2 .’ ’ and (3)b y adding at the end the following

‘( 7 ) MARKETINGY EAR. —T he term ‘marketing year’ means— ‘‘( A ) a marketing year designated by the S ecretary with respect to an agricultural commodity; or ‘‘( B ) in the case of an agricultural commodity with respect to which the Secretary does not designate a mar - keting year , a calendar year.’’. SEC.18 8 2 .E LIG I B ILI TY . (a) I N G ENERA L .—Section 292 of the Trade Act of 1 97 4 (19 U .S. C . 24 0 1a) is amended by striking subsections (c) through (e) and inserting the following: ‘‘(c) GR OUPE LIGI B ILITY R E Q UIRE M ENT S .—The Secretary shall certify a group of agricultural commodity producers as eligible to apply for ad j ustment assistance under this chapter if the Secretary determines that— ‘‘(1)(A) the national a v erage price of the agricultural com- modity produced by the group during the most recent marketing year for which data are available is less than 85 percent of the average of the national average price for the commodity in the 3 marketing years preceding such marketing year; ‘‘(B) the q uantity of production of the agricultural com- modity produced by the group during such marketing year is less than 85 percent of the average of the quantity of produc- tion of the commodity produced by the group in the 3 marketing years preceding such marketing year; ‘‘(C) the value of production of the agricultural commodity produced by the group during such marketing year is less than 85 percent of the average value of production of the commodity produced by the group in the 3 marketing years preceding such marketing year; or ‘‘( D ) the cash receipts for the agricultural commodity pro- duced by the group during such marketing year are less than 85 percent of the average of the cash receipts for the commodity produced by the group in the 3 marketing years preceding such marketing year; ‘‘(2) the volume of imports of articles like or directly competitive with the agricultural commodity produced by the group in the marketing year with respect to which the group files the petition increased compared to the average volume of such imports during the 3 marketing years preceding such marketing year; and ‘‘(3) the increase in such imports contributed importantly to the decrease in the national average price, quantity of production, or value of production of, or cash receipts for, the agricultural commodity, as described in paragraph (1). ‘‘(d) ELIGIBILITY O F CERTAIN O T H ER P RO D U C ERS.—An agricul- tural commodity producer or group of producers that resides outside of the State or region identified in the petition filed under subsection (a) may file a request to become a party to that petition not later than 15 days after the date the notice is published in the F ederal Register under subsection (a) with respect to that petition. ‘‘(e) TREATMENT OF CLASSES OF GOODS W ITHIN A COMMODITY.— In any case in which there are separate classes of goods within Deadlin e .Not i c e. F ede r al R e g i s ter ,pub lication. C erti f ication.

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 123STA T .4 1 6PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9an a gricult ural c om mo d it y, t heS ecretary s hall treat each class asase p arate commodity in determining under su b section ( c )—‘ ‘( 1 ) group eligibility ‘‘( 2 ) the national a v erage price, q uantity o f production, or value of production, or cash receipts; and ‘‘( 3 ) the volume of imports .’ ’. (b) CONF O RMI N GA M E N D MEN TS .—Section 2 9 3ofthe T rade Act of 19 74 (19 U .S.C. 24 0 1b) is amended— (1) in subsection (a), by stri k ing ‘‘section 292 (c) or (d), as the case may be,’’ and inserting ‘‘section 292(c)’’; and (2) in subsection (c), by striking ‘‘decline in price for’’ and inserting ‘‘decrease in the national average price, quantity of production, or value of production of, or cash receipts for,’’. SEC.18 8 3 . B E N E FIT S. (a) I N G ENER AL .—Section 29 6 of the Trade Act of 1974 (19 U.S.C. 2401e) is amended to read as follo w s

‘SEC. 296 . QUAL IF Y IN GR EQUIRE M ENTS AN D BENEFITS F O R AGRICUL - TURAL COMMODITY P RODUCERS. ‘‘(a) IN GENERAL.— ‘‘(1) R E QU IREMENTS.— ‘‘(A) IN GENERAL.— B enefits under this chapter shall be available to an agricultural commodity producer covered by a certification under this chapter who files an applica - tion for such benefits not later than 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under section 293, if the producer submits to the Secretary sufficient informa- tion to establish that— ‘‘(i) the producer produced the agricultural com- modity covered by the application filed under this sub- section in the marketing year with respect to which the petition is filed and in at least 1 of the 3 marketing years preceding that marketing year; ‘‘(ii)(I) the quantity of the agricultural commodity that was produced by the producer in the marketing year with respect to which the petition is filed has decreased compared to the most recent marketing year preceding that marketing year for which data are avail- able; or ‘‘(II)(aa) the price received for the agricultural com- modity by the producer during the marketing year with respect to which the petition is filed has decreased compared to the average price for the commodity received by the producer in the 3 marketing years preceding that marketing year; or ‘‘(bb) the county level price maintained by the Sec- retary for the agricultural commodity on the date on which the petition is filed has decreased compared to the average county level price for the commodity in the 3 marketing years preceding the date on which the petition is filed; and ‘‘(iii) the producer is not receiving— ‘‘(I) cash benefits under chapter 2 or 3; or ‘‘(II) benefits based on the production of an agricultural commodity covered by another petition filed under this chapter. Deadlin e .


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 123STA T .4 1 7PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9‘ ‘ (B)SPECIALRU LE W I TH RE S PECT T O CROPS N OT G ROWN E V ER Y YEAR .—Forpu rpo se so f su b p a ra g rap h ( A )( i i)( I I)(aa) , ifape t itio n is fi l e dw ith respe c t to an agricultural co m- modit y that is not produced by the producer e v ery year, an agricultural commodity producer producing that com- modity may establish the average price received for the commodity by the producer in the 3 mar k eting years pre- ceding the year with respect to which the petition is filed by using average price data for the 3 most recent marketing years in which the producer produced the commodity and for which data are available. ‘‘( 2 ) L I M ITATIONS B ASE D ON AD J USTED GROSS INCOME.— ‘‘(A) IN GENERAL.— N otwithstanding any other provi- sion of this chapter, an agricultural commodity producer shall not be eligible for assistance under this chapter in any year in which the average ad j usted gross income (as defined in section 10 01 D (a) of the Food Security Act of 1 985 ( 7U .S. C. 1308 – 3a(a))) of the producer e x ceeds the level set forth in subparagraph (A) or (B) of section 1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(1)), whichever is applicable. ‘‘(B) DEMONSTRATION O F COMPLIANCE.—An agricultural commodity producer shall provide to the Secretary such information as the Secretary determines necessary to dem- onstrate that the producer is in compliance with the limita- tion under subparagraph (A). ‘‘(C) COUNTER-CYCLICAL AND ACRE PAYMENTS.— T he total amount of payments made to an agricultural com- modity producer under this chapter during any crop year may not exceed the limitations on payments set forth in subsections (b)(2), (b)(3), (c)(2), and (c)(3) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). ‘‘(b) TECHNICAL ASSISTANCE.— ‘‘(1) INITIAL TECHNICAL ASSISTANCE.— ‘‘(A) IN GENERAL.—An agricultural commodity producer that files an application and meets the re q uirements under subsection (a)(1) shall be entitled to receive initial technical assistance designed to improve the competitiveness of the production and marketing of the agricultural commodity with respect to which the producer was certified under this chapter. Such assistance shall include information regarding— ‘‘(i) improving the yield and marketing of that agricultural commodity and ‘‘(ii) the feasibility and desirability of substituting one or more alternative agricultural commodities for that agricultural commodity. ‘‘(B) TRANSPORTATION AND SUBSISTENCE E X PENSES.— ‘‘(i) IN GENERAL.—The Secretary may authori z e supplemental assistance necessary to defray reasonable transportation and subsistence expenses incurred by an agricultural commodity producer in connection with initial technical assistance under subparagraph (A) if such assistance is provided at facilities that are not within normal commuting distance of the regular place of residence of the producer.


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 123STA T .4 1 8PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (i i )EXCEPTIONS.—TheS e cr e ta r ym ay no t a u thori z e p ayment s toana g ricu l tural commo d ity pro - ducer under clause (i)— ‘‘( I ) f or su b sistence e x penses that exceed the lesser of— ‘‘(aa) the actual per diem expenses for subsistence incurred by the producer or ‘‘(bb) the pre v ailing per diem allo w ance rate authorized under F ederal travel regula- tions; or ‘‘(II) for travel expenses that exceed the pre- vailing mileage rate authorized under the Federal travel regulations. ‘‘( 2 ) INTENSI V E TEC H NIC AL ASSISTANCE.— A producer that has completed initial technical assistance under paragraph ( 1 ) shall be eligible to participate in intensive technical assistance. Such assistance shall consist of— ‘‘(A) a series of courses to further assist the producer in improving the competitiveness of the producer in pro- ducing— ‘‘(i) the agricultural commodity with respect to which the producer was certified under this chapter; or ‘‘(ii) another agricultural commodity; and ‘‘( B ) assistance in developing an initial business plan based on the courses completed under subparagraph (A). ‘‘( 3 ) INITIAL BU SINESS PLAN.— ‘‘(A) APP R OVAL B Y SECRETARY.—The Secretary shall approve an initial business plan developed under paragraph (2)(B) if the plan— ‘‘(i) reflects the s k ills gained by the producer through the courses described in paragraph (2)(A); and ‘‘(ii) demonstrates how the producer will apply those skills to the circumstances of the producer. ‘‘(B) FINANCIAL ASSISTANCE F ORI M PLEMENTIN G INITIAL BUSINESS PLAN.— U pon approval of the producer ’ s initial business plan by the Secretary under subparagraph (A) , a producer shall be entitled to an amount not to exceed $4, 0 00 to— ‘‘(i) implement the initial business plan; or ‘‘(ii) develop a long-term business ad j ustment plan under paragraph (4). ‘‘(4) L ONG-TERM BUSINESS A DJ USTMENT PLAN.— ‘‘(A) IN GENERAL.—A producer that has completed intensive technical assistance under paragraph (2) and whose initial business plan has been approved under para- graph (3)(A) shall be eligible for, in addition to the amount under subparagraph ( C ), assistance in developing a long- term business adjustment plan. ‘‘(B) APPROVAL OF LONG-TERM BUSINESS ADJUSTMENT PLANS.—The Secretary shall approve a long-term business adjustment plan developed under subparagraph (A) if the Secretary determines that the plan— ‘‘(i) includes steps reasonably calculated to materi- ally contribute to the economic adjustment of the pro- ducer to changing market conditions;


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 123STA T .4 1 9PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ‘ ‘ (i i )takes i n t oc onsi d e r ation t h e interests o f the w orkers e mpl o y ed b y the prod u cer and ‘‘(iii) demonstrates that the producer will ha v e sufficient resources to implement the business plan . ‘‘( C ) PLANIMP L E MEN T ATI O N. —U pon approval of the producer ’ s lon g- term business ad j ustment plan under subparagraph ( B ) , a producer shall be entitled to an amount nottoe x ceed $8, 0 00 to implement the long-term business adjustment plan. ‘‘(c) M A X IM U M A MOUNT O F A S SISTAN C E.—An agricultural com- modity producer may receive not more than $ 12 ,000 under para- graphs ( 3 )and( 4 ) of subsection (b) in the 3 6 -month period following certification under section 2 9 3. ‘‘(d) L IMITATIONS ON O T H E R ASSISTANCE.—An agricultural com- modity producer that receives benefits under this chapter (other than initial technical assistance under subsection (b)(1)) shall not be eligible for cash benefits under chapter 2 or 3.’’. (b) CLERICAL AMEN D MENT.— T he table of contents of the Trade Act of 19 7 4 is amended by striking the item relating to section 296 and inserting the following

‘ Sec.296 . Qualify i ngr e q uire m en ts an db enefits f o r agricultural commodity p ro - ducers. ’ ’. SEC.18 8 4 . R E PO R T. S ection 293 of the Trade Act of 1974 (19 U.S.C. 2401b) is amended by adding at the end the following: ‘‘(d) R EPORT BY THE SECRETARY.— N ot later than J anuary 30, 2010, and annually thereafter, the Secretary of Agriculture shall submit to the Committee on F inance of the Senate and the Com- mittee on W ays and Means of the H ouse of Representatives a report containing the following information with respect to adjust- ment assistance provided under this chapter during the preceding fiscal year: ‘‘(1) A list of the agricultural commodities covered by a certification under this chapter. ‘‘(2) The States or regions in which such commodities are produced and the aggregate amount of such commodities pro- duced in each such State or region. ‘‘(3) The total number of agricultural commodity producers, by congressional district, receiving benefits under this chapter. ‘‘(4) The total number of agricultural commodity producers, by congressional district, receiving technical assistance under this chapter.’’. SEC. 188 5 . F R AUD A N D RECO V ER Y OF OVERPAY M ENTS. Section 297(a)(1) of the Trade Act of 1974 (19 U.S.C. 2401f(a)(1)) is amended by inserting ‘‘or has expended funds received under this chapter for a purpose that was not approved by the Secretary,’’ after ‘‘entitled,’’. SEC. 188 6 . DETERM I NATION OF INCREASES OF IMPORTS FOR CERTAIN FIS H ERMEN. For purposes of chapters 2 and 6 of title I I of the Trade Act of 1974 (19 U.S.C. 22 5 1etse q .), in the case of an agricultural commodity producer that— (1) is a fisherman or aquaculture producer, and (2) is otherwise eligible for adjustment assistance under chapter 2 or 6, as the case may be, 19USC2 2 7 1 note.


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 123STA T .4 2 0PUBLIC LA W 111 –5—FE B.1 7, 200 9theincr e as eini mpo rts o f artic l es li k eor d irectl y competiti v e w ith the a g ric u ltural commodity produced b y such producer may be based on imports of wild - caught seafood , farm-raised seafood, or both .SEC.18 8 7 . E XT E N S IO NO F T RAD EAD JU ST M ENT ASSISTANCE FOR FARMERS. S ection 298( a ) of the T rade A ct of 1 9 74 (19 U .S. C . 24 0 1g(a)) is amended by striking ‘ ‘fiscal years 200 3 through 2007 ’ ’ and all that follows through the end period and inserting ‘‘fiscal years 2009 and 2010, and $ 22, 5 00,000 for the period beginning O ctober 1, 2010, and ending D ecember 31, 2010, to carry out the purposes of this chapter, including administrative costs, and salaries and e x penses of employees of the Department of Agriculture.’’. PARTV—GEN ERA L PR O V IS IONS SEC. 18 9 1. EFFECTI V E DATE. (a) INGE NE RAL . —E xcept as otherwise provided in this subtitle, and subsection (b) of this section, this subtitle and the amendments made by this subtitle— (1) shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act and (2) shall apply to— (A) petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after the effective date described in paragraph (1); and ( B ) petitions for assistance and proposals for grants filed under chapter 4 of title II of the Trade Act of 1974 on or after such effective date. (b) CER TIF I C ATI O N SM A D E BEFORE EFFECTI V E DATE.— N otwith- standing subsection (a)— (1) a worker shall continue to receive (or be eligible to receive) trade ad j ustment assistance and other benefits under subchapter B of chapter 2 of title II of the Trade Act of 1974, as in effect on the day before the effective date described in subsection (a)(1), for any week for which the worker meets the eligibility re q uirements of such chapter 2 as in effect on the day before such effective date, if the worker— (A) is certified as eligible for trade adjustment assist- ance benefits under such chapter 2 pursuant to a petition filed under section 221 of the Trade Act of 1974 on or before such effective date; and (B) would otherwise be eligible to receive trade adjust- ment assistance benefits under such chapter as in effect on the day before such effective date; (2) a worker shall continue to receive (or be eligible to receive) benefits under section 246(a)(2) of the Trade Act of 1974, as in effect on the day before the effective date described in subsection (a)(1), for such period for which the worker meets the eligibility requirements of section 246 of that Act as in effect on the day before such effective date, if the worker— (A) is certified as eligible for benefits under such sec- tion 246 pursuant to a petition filed under section 221 of the Trade Act of 1974 on or before such effective date; and Ap p licab ili ty.19USC2 2 7 1 no t e.


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 123STA T .4 21 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(B)would o ther w is e b e eli g ible to re c ei v ebe n e f its under such section 246 ( a )(2) as in effect on the da y before such effective date and ( 3 )afir m shall continue to receive (or be eligible to receive) ad j ustment assistance under cha p ter 3 of title I Iofthe T rade A ct of 197 4, as in effect on the day before the effective date described in subsection (a)(1), for such period for which the firm meets the eligibility re q uirements of such chapter 3 as in effect on the day before such effective date, if the firm — (A) is certified as eligible for benefits under such chapter 3 pursuant to a petition filed under section 2 5 1 of the Trade Act of 1974 on or before such effective date; and (B) would otherwise be eligible to receive benefits under such chapter 3 as in effect on the day before such effective date .SEC.1892 . E XT E N S IO NO F T RAD EAD JU ST M ENT ASSISTANCE P RO -G RAMS. (a) FORW OR KE R S .— S ection 245(a) of the Trade Act of 1974 (19 U .S. C . 2317(a)) is amended by stri k ing ‘ ‘ D ecember 31, 2 0 07 ’ ’ and inserting ‘‘December 31, 2010’’. (b) TER MINAT ION.—Section 2 8 5 of the Trade Act of 1974 (19 U.S.C. 2271 note prec.) is amended— (1) in subsection (a), by striking ‘‘December 31, 2007’’ each place it appears and inserting ‘‘December 31, 2010’’; and (2) by amending subsection (b) to read as follows ‘‘(b) O T H ER ASSISTAN C E.— ‘‘(1) ASSISTANCE F OR FIRMS.— ‘‘(A) IN G ENERA L .— Ex cept as provided in subparagraph (B), technical assistance and grants may not be provided under chapter 3 after December 31, 2010. ‘‘(B) E X CE P TION.— N otwithstanding subparagraph (A), any technical assistance or grant approved under chapter 3 on or before December 31, 2010, may be provided— ‘‘(i) to the extent funds are available pursuant to such chapter for such purpose; and ‘‘(ii) to the extent the recipient of the technical assistance or grant is otherwise eligible to receive such technical assistance or grant, as the case may be. ‘‘(2) FARMERS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), technical assistance and financial assistance may not be provided under chapter 6 after December 31, 2010. ‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), any technical or financial assistance approved under chapter 6 on or before December 31, 2010, may be pro - vided— ‘‘(i) to the extent funds are available pursuant to such chapter for such purpose; and ‘‘(ii) to the extent the recipient of the technical or financial assistance is otherwise eligible to receive such technical or financial assistance, as the case may be. ‘‘(3) ASSISTANCE FOR COMM U NITIES.—


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 123STA T .4 22 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (A)INGE NE RAL.—Exceptas p rovid edi n s ub para g rap h ( B ) , technica l assistance and grants m a y not be provided under chapter 4 a f ter D ecember 31, 20 10. ‘‘(B) E XC E PTIO N.— N ot w ithstanding subparagraph (A), any technical assistance or grant approved under chapter 4 on or before December 31, 2010, may be provided— ‘‘(i) to the extent funds are available pursuant to such chapter for such purpose and ‘‘(ii) to the extent the recipient of the technical assistance or grant is otherwise eligible to receive such technical assistance or grant, as the case may be. ’ ’. SEC.1893 . T E RMINA TI O N RE L ATE DP RO V ISIONS. (a) SU N S ET.— (1) IN GENERAL.—Sub j ect to paragraph (2), the amendments made by this subtitle to chapters 2, 3, 4, 5, and 6 of title II of the T rade Act of 1 97 4 (19 U .S. C . 2271 et se q .) shall not apply on or after J anuary 1, 2011. (2) EXCEPTION.—The amendments made by this subtitle to section 2 8 5 of the Trade Act of 1974 shall continue to apply on and after January 1, 2011, with respect to— (A) wor k ers certified as eligible for trade adjustment assistance benefits under chapter 2 of title II of that Act pursuant to petitions filed under section 221 of that Act before January 1, 2011; (B) firms certified as eligible for technical assistance or grants under chapter 3 of title II of that Act pursuant to petitions filed under section 251 of that Act before January 1, 2011; (C) recipients approved for technical assistance or grants under chapter 4 of title II of that Act pursuant to petitions for assistance or proposals for grants (as the case may be) filed pursuant to such chapter before January 1, 2011; and (D) agricultural commodity producers certified as eligible for technical or financial assistance under chapter 6 of title II of that Act pursuant to petitions filed under section 292 of that Act before January 1, 2011. (b) APPLICATION O FP RIOR L A W .—Chapters 2, 3, 4, 5, and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall be applied and administered beginning January 1, 2011, as if the amendments made by this subtitle (other than part V I) had never been enacted, except that in applying and administering such chap - ters— (1) section 245 of that Act shall be applied and administered by substituting ‘‘2011’’ for ‘‘2007’’; (2) section 246(b) of that Act shall be applied and adminis- tered by substituting ‘‘December 31, 2011’’ for ‘‘the date that is 5 years’’ and all that follows through ‘‘State’’; (3) section 256(b) of that Act shall be applied and adminis- tered by substituting ‘‘the 1-year period beginning January 1, 2011’’ for ‘‘each of fiscal years 2003 through 2007, and $ 4,000,000 for the 3-month period beginning O ctober 1, 2007’’; (4) section 298(a) of that Act shall be applied and adminis- tered by substituting ‘‘the 1-year period beginning January 1, 2011’’ for ‘‘each of the fiscal years’’ and all that follows through ‘‘October 1, 2007’’; and Ef f ectiv e da te .19USC2 2 7 1 no te pr ec.


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 123STA T .4 23 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(5)subject t o subsect i o n ( a )( 2 ) , section 2 8 5o f t h at A ct sha l lbea p plie d and ad m iniste r ed — (A) in subsection (a), b y substitutin g‘ ‘2 01 1 ’ ’ for ‘‘200 7 ’’ each place it appears and ( B ) by applying and administering subsection (b) as if it read as follo w s ‘‘(b) OTHER A S S I ST ANC E . — ‘‘(1) ASSISTANCE FO R FIR M S.— ‘‘(A) I N G ENERA L .— Ex cept as pro v ided in subparagraph (B), assistance may not be provided under chapter 3 after D ecember 31, 2011. ‘‘(B) E X CE P TION.— N otwithstanding subparagraph (A), any assistance approved under chapter 3 on or before December 31, 2011, may be provided— ‘‘(i) to the extent funds are available pursuant to such chapter for such purpose; and ‘‘(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance. ‘‘(2) F ARMERS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), assistance may not be provided under chapter 6 after December 31, 2011. ‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before December 31, 2011, may be provided— ‘‘(i) to the extent funds are available pursuant to such chapter for such purpose; and ‘‘(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.’’. SEC.1894 . GOV E RNM EN TA CCO U NTA BIL IT Y O F FICE RE P ORT. Not later than S eptember 30, 2012, the C omptroller G eneral of the U nited States shall prepare and submit to the Committee on Finance of the Senate and the Committee on W ays and M eans of the H ouse of R epresentatives a comprehensive report on the operation and effectiveness of the amendments made by this subtitle to chapters 2, 3, 4, and6ofthe T rade Act of 1 9 74. SEC. 189 5 . EMERGENCY D ESIGNATION. Amounts appropriated pursuant to this subtitle are designated as an emergency re q uirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009. PARTVI—HE A L TH CO VERA G EI M PROVEME N T SEC. 1899. S H ORT TITLE. This part may be cited as the ‘‘TAA Health Coverage Improve - ment Act of 2009’’. SEC. 1899A. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT. (a) IMPRO V EMENT OF AFFOR D A B ILIT Y .— (1) IN GENERAL.—Section 35(a) of the Internal Revenue Code of 1986 (relating to credit for health insurance costs of eligible individuals) is amended by inserting ‘‘(80 percent 26USC35. 26 USC 1note . TA A H e al t h Co v e r a g e Imp rovement A c t o f 2 0 0 9.


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 123STA T .4 24 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9inthecas e of e l i g i b le co v e r age m onths beginning before J an u ar y1,20 11 )’ ’ after ‘ ‘ 65p ercent’’ .( 2) CONF O RMI N GA M E N D MEN T . —S ection 7 527(b) of such Co d e (relating to advance payment of credit for health insurance costs of eligible individuals) is amended by inserting ‘‘( 8 0 per - cent in the case of eligible coverage months beginning before January 1, 2011)’’ after ‘‘65 percent’’. (b) E FFE C TI V E D ATE.— T he amendments made by this section shall apply to coverage months beginning on or after the first day of the first month beginning 60 days after the date of the enactment of this A ct. SEC.189 9 B . PAYM E NTFOR MONT HL Y PREM IU MS PAI D PRIOR TO COMMENCEMENT OF AD V ANCE PAYMENTS OF CREDIT. (a) P A Y MENT FOR PREMI U M S DUE PRIOR TO COMMENCEMENT OF ADVANCE PAYMENTS OF CREDIT.—Section 7527 of the I nternal R evenue Code of 1 9 86 (relating to advance payment of credit for health insurance costs of eligible individuals) is amended by adding at the end the follo w ing new subsection ‘‘(e) PAYMENT FOR PREMIUMS DUE PRIOR TO COMMENCEMENT OF ADVANCE PAYMENTS.—In the case of eligible coverage months beginning before January 1, 2011— ‘‘(1) IN GENERA L .—The program established under sub- section (a) shall provide that the Secretary shall ma k e1or more retroactive payments on behalf of a certified individual in an aggregate amount e q ual to 80 percent of the premiums for coverage of the ta x payer and qualifying family members under qualified health insurance for eligible coverage months (as defined in section 3 5(b)) occurring prior to the first month for which an advance payment is made on behalf of such individual under subsection (a). ‘‘(2) REDUCTION OF P AYMENT FOR AMOUNTS RECEIVED UNDER NATIONAL EMERGENCY GRANTS.—The amount of any payment determined under paragraph (1) shall be reduced by the amount of any payment made to the taxpayer for the purchase of qualified health insurance under a national emergency grant pursuant to section 173(f) of the W orkforce Investment Act of 1998 for a taxable year including the eligible coverage months described in paragraph (1).’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to coverage months beginning after December 31, 2008. (c) TRANSITIONAL RULE.—The Secretary of the Treasury shall not be required to make any payments under section 7527(e) of the Internal Revenue Code of 1986, as added by this section, until after the date that is 6 months after the date of the enactment of this Act. SEC. 1899C. TAA RECIPIENTS NOT ENROLLED IN TRAININ G PROGRAMS ELIGIBLE FOR CREDIT. (a) IN G ENERAL.—Paragraph (2) of section 35(c) of the Internal Revenue Code of 1986 (defining eligible TAA recipient) is amended to read as follows: ‘‘(2) ELIGI B LE TAA RECIPIENT.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph ( B ), the term ‘eligible TAA recipient’ means, with respect to any month, any individual who is receiving for any day of such month a trade read j ustment allowance under chapter 2 of title II of the Trade Act of 197 4 or who 26USC75 27 note. 26 USC 7527 note. 26 USC 3 5 note. 26 USC 7527.


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 123STA T .4 2 5PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9wouldbe el ig ible t o r e c ei v e s uc ha llowa n cei f section 231 of such A ct were a p plied without regard to subsection ( a ) (3)( B ) of such section . An individual shall continue to be treated as an eligible T AA recipient during the first m onth that such individual would otherwise cease to be an eligible TAA recipient b y reason of the preceding sen - tence. ‘ ‘(B) SPECIALRU LE. —I n the case of any eligible coverage month beginning after the date of the enactment of this paragraph and before J anuary 1 , 2 0 11, the term ‘eligible TAA recipient ’ means, with respect to any month, any individual who— ‘‘(i) is receiving for any day of such month a trade read j ustment allowance under chapter 2 of title II of the Trade Act of 1 974, ‘‘(ii) would be eligible to receive such allowance e x cept that such individual is in a brea k in training provided under a training program approved under section 23 6 of such Act that exceeds the period specified in section 233(e) of such Act, but is within the period for receiving such allowances provided under section 233(a) of such Act, or ‘‘(iii) is receiving unemployment compensation (as defined in section 85 (b)) for any day of such month and who would be eligible to receive such allowance for such month if section 231 of such Act were applied without regard to subsections (a)(3)(B) and (a)(5) thereof. An individual shall continue to be treated as an eligible TAA recipient during the first month that such individual would otherwise cease to be an eligible TAA recipient by reason of the preceding sentence.’’. (b) EF FEC T I V E D ATE.—The amendment made by this section shall apply to coverage months beginning after the date of the enactment of this Act. SEC.189 9 D. TA A PR E - CERT IF ICATI ON PERIOD R UL E FOR PURPOSES OF DETER M ININ GWH ETHER THERE IS A 63 -DA Y LAPSE IN CREDITA B LE CO V ERAGE. (a) I RC A M E ND MENT.—Section 9801(c)(2) of the Internal Rev- enue Code of 1986 (relating to not counting periods before signifi- cant breaks in creditable coverage) is amended by adding at the end the following new subparagraph ‘‘(D) TAA-ELI G I B LE INDIVIDUAL S .—In the case of plan years beginning before January 1, 2011— ‘‘(i) TAA PRE-CERTIFICATI O N PERIOD RULE.—In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date which is 7 days after the date of the issuance by the Secretary (or by any person or entity designated by the Secretary) of a q ualified health insurance costs credit eligibility certifi- cate for such individual for purposes of section 7527 shall not be taken into account in determining the continuous period under subparagraph (A). ‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligible indi- vidual’ and ‘TAA-related loss of coverage’ have the 26USC9801. 26 USC 35note .


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 123STA T .4 2 6PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9meani n gs gi v en s ucht e r ms in secti o n 4980B(f) ( 5 )( C )(iv) .’ ’. ( b ) ERISA A MEND MEN T . — Section 7 0 1 (c)( 2 ) of theEm pl o y ee Retirement Income Security Act of 1974 (29 U .S.C. 1181(c)(2)) is amen d ed by adding at the end the follo w ing new subparagraph

‘(C) T AA - E LIG I B LE INDI V ID UA L S .—In the case of plan years beginning before J anuary 1 , 2011— ‘‘(i) TAA PR E- C ERTI F ICATI O N PERIOD RULE.—In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date that is 7 days after the date of the issuance by the Secretary (or by any person or entity designated by the Secretary) of a q ualified health insurance costs credit eligibility certifi- cate for such individual for purposes of section 7527 of the Internal Revenue Code of 198 6 shall not be ta k en into account in determining the continuous period under subparagraph (A). ‘‘(ii) D EFINITIONS.—The terms ‘TAA-eligible indi- vidual’ and ‘TAA-related loss of coverage’ have the meanings given such terms in section 605(b)(4).’’. (c) PH SA AMENDMENT.—Section 2701(c)(2) of the Public Health Service Act (42 U.S.C. 3 00gg(c)(2)) is amended by adding at the end the following new subparagraph: ‘‘(C) TAA-ELIGIBLE INDIVIDUALS.—In the case of plan years beginning before January 1, 2011— ‘‘(i) TAA PRE-CERTIFICATION PERIOD RULE.—In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date that is 7 days after the date of the issuance by the Secretary (or by any person or entity designated by the Secretary) of a qualified health insurance costs credit eligibility certifi- cate for such individual for purposes of section 7527 of the Internal Revenue Code of 1986 shall not be taken into account in determining the continuous period under subparagraph (A). ‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligible indi- vidual’ and ‘TAA-related loss of coverage’ have the meanings given such terms in section 2205(b)(4).’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. SEC.189 9E. C ONTI N U E DQ U AL I F ICATION OF FA M IL Y MEM B E R S AFTER CERTAIN E V ENTS. (a) IN G ENERAL.—Subsection (g) of section 35 of such Code is amended by redesignating paragraph (9) as paragraph (10) and inserting after paragraph (8) the following new paragraph: ‘‘(9) CONTINUED Q UALIFICATION OF FAMIL Y MEMBERS AFTER CERTAIN EVENTS.—In the case of eligible coverage months begin- ning before January 1, 2011— ‘‘(A) M EDICARE ELIGIBILITY.—In the case of any month which would be an eligible coverage month with respect to an eligible individual but for subsection (f)(2)(A), such month shall be treated as an eligible coverage month with respect to such eligible individual solely for purposes of 26USC35. 26 USC 9801note .


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 123STA T .4 2 7PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9det e rmin in g t h e a m ou nto f the c redit under thi s section w ith res p ect to an yq ua l ifying family mem b ers of such indi v idual ( and any advance payment of such credit under section 752 7 ).T his subparagraph shall only apply with respect to the first 2 4 months after such eligible individual is first entitled to the benefits described in subsection (f)(2)( A ). ‘ ‘( B ) DIVORCE . —I n the case of the finali z ation of a divorce between an eligible individual and such individual ’ s spouse , such spouse shall be treated as an eligible indi - vidual for purposes of this section and section 7527 for a period of 24 months beginning with the date of such finalization, e x cept that the only qualifying family members who may be ta k en into account with respect to such spouse are those individuals who were qualifying family members immediately before such finalization. ‘‘( C )DE ATH .—In the case of the death of an eligible individual— ‘‘(i) any spouse of such individual (determined at the time of such death) shall be treated as an eligible individual for purposes of this section and section 7527 for a period of 24 months beginning with the date of such death, except that the only qualifying family members who may be taken into account with respect to such spouse are those individuals who were quali- fying family members immediately before such death, and ‘‘(ii) any individual who was a qualifying family member of the decedent immediately before such death (or, in the case of an individual to whom paragraph (4) applies, the taxpayer to whom the deduction under section 1 51 is allowable) shall be treated as an eligible individual for purposes of this section and section 7527 for a period of 24 months beginning with the date of such death, except that in determining the amount of such credit only such qualifying family member may be taken into account.’’. (b) CO NF OR M IN G AMEN D MENT.— S ection 17 3 (f) of the W orkforce Investment Act of 1 9 9 8 (29 U .S.C. 2918(f)) is amended by adding at the end the following ‘‘(8) CONTIN U ED Q UA L IFICATION OF FAMIL Y MEM B ER S AFTER CERTAIN EVENTS.—In the case of eligible coverage months begin- ning before J anuary 1, 2 0 11— ‘‘(A) M EDICARE ELIGIBILITY.—In the case of any month which would be an eligible coverage month with respect to an eligible individual but for paragraph (7)(B)(i), such month shall be treated as an eligible coverage month with respect to such eligible individual solely for purposes of determining the eligibility of qualifying family members of such individual under this subsection. This subparagraph shall only apply with respect to the first 24 months after such eligible individual is first entitled to the benefits described in paragraph (7)(B)(i). ‘‘(B) DIVORCE.—In the case of the finalization of a divorce between an eligible individual and such individual’s spouse, such spouse shall be treated as an eligible indi- vidual for purposes of this subsection for a period of 24 Ap p licab ili ty.


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 123STA T .4 2 8PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9monthsbegi nning w ith the da teo f s uc h fina l i z ation , e x ce p t that the onl yq ualifying family membe r swhomaybeta k en into account with respect to such spouse are those indi v id - uals who were qualifying family members immediately before such finalization .‘ ‘ (C)DEATH . —I n the case of the death of an eligible individual— ‘‘(i) any spouse of such individual (determined at the time of such death) shall be treated as an eligible individual for purposes of this subsection for a period of 24 months beginning with the date of such death, except that the only qualifying family members who may be taken into account with respect to such spouse are those individuals who were qualifying family mem- bers immediately before such death, and ‘‘(ii) any individual who was a qualifying family member of the decedent immediately before such death shall be treated as an eligible individual for purposes this subsection for a period of 24 months beginning with the date of such death, except that no qualifying family members may be taken into account with respect to such individual. ’ ’. (c) EF FE C T IV E DATE.— T he amendments made by this section shall apply to months beginning after December 31 ,2 0 0 9 . SEC.189 9 F. E XT E N S IO NOFCO BRA BENEFITS FOR CERTAIN TAA - E L I G IBLE IN D I V ID U ALS AND P BGC RECIPIENTS. (a) E R I SA A M E ND MENT S .—Section 6 02(2)(A) of the Employee Retirement Income Security Act of 19 7 4 (29 U .S.C. 1162(2)(A)) is amended— (1) by moving clause (v) to after clause (iv) and before the flush left sentence beginning with ‘‘In the case of a qualified beneficiary’’ (2) by striking ‘‘In the case of a qualified beneficiary’’ and inserting the following ‘‘(vi) S P ECIA LRU LEF O R DISA B ILIT Y .—In the case of a qualified beneficiary’’; and (3) by redesignating clauses (v) and (vi), as amended by paragraphs (1) and (2), as clauses (vii) and (viii), respectively, and by inserting after clause (iv) the following new clauses: ‘‘(v) SPECIAL RULE FOR PB G C RECIPIENTS.—In the case of a qualifying event described in section 603(2) with respect to a covered employee who (as of such qualifying event) has a nonforfeitable right to a benefit any portion of which is to be paid by the P ension B enefit G uaranty Corporation under title I V, notwith- standing clause (i) or (ii), the date of the death of the covered employee, or in the case of the surviving spouse or dependent children of the covered employee, 24 months after the date of the death of the covered employee. The preceding sentence shall not require any period of coverage to extend beyond December 31, 2010. ‘‘(vi) SPECIAL RULE FOR TAA-ELIGIBLE INDIVID- UALS.—In the case of a qualifying event described in section 603(2) with respect to a covered employee who is (as of the date that the period of coverage would, 26USC35note.


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 123STA T .4 2 9PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 butfor t hiscla us e or clause (v ii ), other w ise ter m i n ate un d er clause (i) or (ii)) a TA A - eli g ible individual (as defined in section 605 (b)( 4 )( B )), the p eriod of coverage shall not terminate b y reason of clause (i) or (ii), as the case may be, before the later of the date specified in such clause or the date on which such individual ceases to be such a TAA-eligible individual . The pre- ceding sentence shall not re q uire any period of coverage toe x tend beyond D ecember 31, 2 010. ’ ’. (b) IRC A MEND MEN TS . — Clause (i) of section 4 98 0B(f)(2)(B) of the Internal Revenue Code of 1986 is amended— (1) by stri k ing ‘ ‘In the case of a qualified beneficiary’’ and inserting the following ‘‘( V I) SP E CIALRU LE FO R DISA B ILIT Y .—In the case of a qualified beneficiary’’, and (2) by redesignating subclauses (V) and (VI), as amended by paragraph (1), as subclauses (VII) and (VIII), respectively, and by inserting after clause (IV) the following new subclauses: ‘‘(V) SPECIAL RULE FOR PB G C RECIPIENTS.—In the case of a qualifying event described in para- graph (3)(B) with respect to a covered employee who (as of such qualifying event) has a nonforfeit- able right to a benefit any portion of which is to be paid by the P ension Benefit G uaranty Cor- poration under title IV of the E mployee Retirement Income Security Act of 19 7 4, notwithstanding sub- clause (I) or (II), the date of the death of the covered employee, or in the case of the surviving spouse or dependent children of the covered employee, 24 months after the date of the death of the covered employee. The preceding sentence shall not require any period of coverage to extend beyond December 31, 2010. ‘‘(VI) SPECIAL RULE FOR TAA-ELIGIBLE INDI V ID- UALS.—In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who is (as of the date that the period of coverage would, but for this subclause or sub- clause (VII), otherwise terminate under subclause (I) or (II)) a TAA-eligible individual (as defined in paragraph (5)(C)(iv)(II)), the period of coverage shall not terminate by reason of subclause (I) or (II), as the case may be, before the later of the date specified in such subclause or the date on which such individual ceases to be such a TAA- eligible individual. The preceding sentence shall not require any period of coverage to extend beyond December 31, 2010.’’. (c) P H SA AMENDMENTS.—Section 2202(2)(A) of the Public Health Service Act (42 U .S.C. 300bb-2(2)(A)) is amended— (1) by striking ‘‘In the case of a qualified beneficiary’’ and inserting the following: ‘‘(v) SPECIAL RULE FOR DISABILITY.—In the case of a qualified beneficiary’’ and (2) by redesignating clauses (iv) and (v), as amended by paragraph (1), as clauses (v) and (vi), respectively, and by inserting after clause (iii) the following new clause: 26USC4980B.


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 123STA T .4 3 0PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ (iv)SPECIALRU LE FO R T AA - ELI G I B LEI ND I V ID- UAL S.—Inthecas e of a qu a l if y in g event d esc r i b ed in section 2 2 03 (2) w ith res p ect to a covered e m ployee who is (as of the date that the period of coverage would, but for this clause or clause (v), otherwise termi- nate under clause (i) or (ii)) a TA A-eligible individual (as defined in section 220 5 (b)( 4 )( B )), the period of cov- erage shall not terminate by reason of clause (i) or (ii), as the case may be, before the later of the date specified in such clause or the date on which such individual ceases to be such a TAA-eligible individual. The preceding sentence shall not require any period of coverage to e x tend beyond D ecember 3 1, 2010. ’ ’. (d) E FFECTIVE DATE.—The amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after the date of the enactment of this Act. SEC.189 9 G. AD D IT I ON O F CO V E R AGE T H RO U GH VO L UNTAR Y E MP LOYEES ’B ENEFICIARY ASSOCIATIONS. (a) IN G ENERAL.— P aragraph (1) of section 35(e) of the Internal R evenue C odeof1 986 is amended by adding at the end the following new subparagraph ‘‘( K ) In the case of eligible coverage months beginning before J anuary 1, 2011, coverage under an employee benefit plan funded by a voluntary employees’ beneficiary associa- tion (as defined in section 501(c)(9)) established pursuant toanorderofaban k ruptcy court, or by agreement with an authori z ed representative, as provided in section 1114 of title 11, U nited States Code.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to coverage months beginning after the date of the enactment of this Act. SEC. 1899H. NOTICE RE Q UIREMENTS. (a) IN GENERAL.—Subsection (d) of section 7 527 of the Internal Revenue Code of 1986 (relating to qualified health insurance costs credit eligibility certificate) is amended to read as follows: ‘‘(d) Q UALIFIED H EALT H INSURANCE COSTS ELIGIBILIT Y CERTIFI- CATE.— ‘‘(1) IN GENERAL.— F or purposes of this section, the term ‘qualified health insurance costs eligibility certificate’ means any written statement that an individual is an eligible indi- vidual (as defined in section 35(c)) if such statement provides such information as the Secretary may require for purposes of this section and— ‘‘(A) in the case of an eligible TAA recipient (as defined in section 35(c)(2)) or an eligible alternative TAA recipient (as defined in section 35(c)(3)), is certified by the Secretary of L abor (or by any other person or entity designated by the Secretary), or ‘‘(B) in the case of an eligible PBGC pension recipient (as defined in section 35(c)(4)), is certified by the Pension Benefit Guaranty Corporation (or by any other person or entity designated by the Secretary). ‘‘(2) INCLUSION OF CERTAIN INFOR M ATION.—In the case of any statement described in paragraph (1) which is issued before January 1, 2011, such statement shall not be treated as a 26USC35note. 26 USC 35. 26 USC 4980B note.


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 123STA T .4 31 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9qualif i edh eal t hi ns u r an c ec o sts credit eli g i b ilit y certificate unless such state m ent includes —‘ ‘ (A) the name , address, and tele p hone number of the S tate office or offices responsible for pro v iding the indi - vidual w ith assistance with enrollment in qualified health insurance (as defined in section 35 (e)), ‘‘( B ) a list of the coverage options that are treated as qualified health insurance (as so defined) by the State in which the individual resides, and ‘‘( C )inthecaseofa T AA-eligible individual (as defined in section 4980 B(f)(5)(C)(iv)( I I)), a statement informing the individual that the individual has 6 3 days from the date that is 7 days after the date of the issuance of such certifi- cate to enroll in such insurance without a lapse in cred- itable coverage (as defined in section 980 1 (c)) .’ ’. (b) EF F ECTIV E DA TE.—The amendment made by this section shall apply to certificates issued after the date that is 6 months after the date of the enactment of this Act. SEC.189 9 I .S URV E YAND RE PO R T ON EN H ANCED HEA L TH COVERA G E TA X CREDIT PROGRA M . (a) S UR VE Y .— (1) I NG ENERA L .—The Secretary of the Treasury shall con- duct a biennial survey of eligible individuals (as defined in section 35(c) of the Internal R evenue Code of 1986) relating to the health coverage ta x credit under section 35 of the Internal Revenue Code of 1986 (hereinafter in this section referred to as the ‘‘health coverage tax credit’’). ( 2 ) INF O R M ATION O B TAINE D .—The survey conducted under subsection (a) shall obtain the following information (A) H CTC P ARTICIPANT S .—In the case of eligible individuals receiving the health coverage tax credit (including individuals participating in the health coverage tax credit program under section 7527 of such Code, herein- after in this section referred to as the ‘‘HCTC program’’)— (i) demographic information of such individuals, including income and education levels, (ii) satisfaction of such individuals with the enroll- ment process in the HCTC program, (iii) satisfaction of such individuals with available health coverage options under the credit, including level of premiums, benefits, deductibles, cost-sharing requirements, and the adequacy of provider networ k s, and (iv) any other information that the Secretary deter- mines is appropriate. (B) N ON-HCTC PARTICIPANTS.—In the case of eligible individuals not receiving the health coverage tax credit— (i) demographic information of each individual, including income and education levels, (ii) whether the individual was aware of the health coverage tax credit or the HCTC program, (iii) the reasons the individual has not enrolled in the HCTC program, including whether such reasons include the burden of the process of enrollment and the affordability of coverage, 26USC35note. 26 USC 7 527 note.


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 123STA T .4 32 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(iv)whet he r the i nd ivid ual ha s health insuran c e c o vera g e , and, i f so, the source of such coverage, and (v) an y other infor m ation that the S ecretary deter - mines is a p propriate . ( 3 ) REPORT . —N ot later than D ecem b er3 1 of each year in which a survey is conducted under paragraph (1) (beginning in 20 10), the Secretary of the T reasury shall report to the C ommittee on F inance and the Committee on H ealth, E du- cation, L abor, and P ensions of the Senate and the Committee on W ays and M eans, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives the findings of the most recent survey con- ducted under paragraph (1). (b) REPORT.—Not later than O ctober 1 of each year (beginning in 2010), the Secretary of the Treasury (after consultation with the Secretary of Health and Human Services, and, in the case of the information re q uired under paragraph ( 7 ), the Secretary of Labor) shall report to the Committee on Finance and the Com- mittee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means, the Committee on Edu- cation and Labor, and the Committee on Energy and Commerce of the House of Representatives the following information with respect to the most recent ta x able year ending before such date (1) I n each State and nationally— ( A ) the total number of eligible individuals (as defined in section 3 5 (c) of the Internal Revenue Code of 1 986 ) and the number of eligible individuals receiving the health coverage tax credit, ( B ) the total number of such eligible individuals who receive an advance payment of the health coverage tax credit through the HCTC program, (C) the average length of the time period of the partici- pation of eligible individuals in the HCTC program, and (D) the total number of participating eligible individ- uals in the HCTC program who are enrolled in each cat- egory of coverage as described in section 35(e)(1) of such Code, with respect to each category of eligible individuals described in section 35(c)(1) of such Code. (2) In each State and nationally, an analysis of— (A) the range of monthly health insurance premiums, for self-only coverage and for family coverage, for individ- uals receiving the health coverage tax credit, and (B) the average and median monthly health insurance premiums, for self-only coverage and for family coverage, for individuals receiving the health coverage tax credit, with respect to each category of coverage as described in section 35(e)(1) of such Code. (3) In each State and nationally, an analysis of the following information with respect to the health insurance coverage of individuals receiving the health coverage tax credit who are enrolled in coverage described in subparagraphs (B) through (H) of section 35(e)(1) of such Code: (A) Deductible amounts. (B) Other out-of-poc k et cost-sharing amounts.


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 123STA T .4 33 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(C)Adescript i on o fa n y ann u a l or lifeti m e limits on co v era g eoranyot h er significant limits on coverage serv - ices , or b enefits .T he information re q uired under this paragraph shall be reported w ith respect to each category of coverage described in such subparagraphs. ( 4 ) I n each S tate and nationally, the gender and average age of eligible individuals (as defined in section 35 (c) of such Code) who receive the health coverage ta x credit, in each cat- egory of coverage described in section 35(e)( 1 ) of such Code, with respect to each category of eligible individuals described in such section. (5) The steps ta k en by the Secretary of the Treasury to increase the participation rates in the H CTC program among eligible individuals, including outreach and enrollment activi- ties. ( 6 ) The cost of administering the HCTC program by func- tion, including the cost of subcontractors, and recommendations on ways to reduce administrative costs, including recommended statutory changes. ( 7 ) The number of States applying for and receiving national emergency grants under section 173(f) of the W orkforce Investment Act of 1 9 9 8 ( 2 9 U .S.C. 2918(f)), the activities funded by such grants on a State-by-State basis, and the time necessary for application approval of such grants. SEC.189 9 J. AUTHORIZ ATIO N O F A P PROPRIATIONS. There is authori z ed to be appropriated $ 8 0 ,000,000 for the period of fiscal years 2009 through 2010 to implement the amend- ments made by, and the provisions of, sections 1899 through 1899I of this part. SEC. 1899 K .E X TENSION OF NATIONA L E M ER G ENC Y GRANTS. (a) I NGE NE RAL . — Section 173(f) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)), as amended by this Act, is amended— (1) by striking paragraph (1) and inserting the following new paragraph

‘(1) U S E OF F U N D S.— ‘‘(A) HEAL THI NSURAN C ECO V ERA G E FOR ELIGI B LE INDIVIDUALS IN ORDER TO OBTAIN Q UALIFIED HEALTH INSUR- ANCE THAT HAS GUARANTEED ISSUE AND OTHER CONSU M ER P ROTECTIONS.— F unds made available to a State or entity under paragraph (4)(A) of subsection (a) may be used to provide an eligible individual described in paragraph (4)(C) and such individual ’ s qualifying family members with health insurance coverage for the 3-month period that immediately precedes the first eligible coverage month (as defined in section 35(b) of the Internal R evenue Code of 1986) in which such eligible individual and such individ- ual’s qualifying family members are covered by qualified health insurance that meets the requirements described in clauses (i) through (v) of section 35(e)(2)(A) of the Internal Revenue Code of 1986 (or such longer minimum period as is necessary in order for such eligible individual and such individual’s qualifying family members to be cov- ered by qualified health insurance that meets such require- ments).


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 123STA T .4 34 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (B)AD D IT I ONALUSE S .—Fundsma d e a v a il a b le to a S tate o r entit y under p ara g rap h ( 4 )(A) o f subse c tion (a) may be used by the State or entity for the follo w ing ‘‘(i) H EALT H INSU R AN C ECO V ERA G E.— T o assist an eligible individual and such individual ’ s q ualifying family members with enrolling in health insurance coverage and qualified health insurance or paying pre - miums for such coverage or insurance. ‘‘(ii) AD M INISTRATIVE E XP ENSES AND START-UP EXPENSES TO ESTA B LISH GROUP HEALTH PLAN COVERAGE OPTIONS F OR Q UALIFIED HEALTH INSURANCE.—To pay the administrative e x penses related to the enrollment of eligible individuals and such individuals’ qualifying family members in health insurance coverage and qualified health insurance , including— ‘‘( I ) eligibility verification activities ‘‘(II) the notification of eligible individuals of available health insurance and qualified health insurance options; ‘‘(III) processing qualified health insurance costs credit eligibility certificates provided for under section 752 7 of the Internal R evenue C ode of 1986 ‘‘(I V ) providing assistance to eligible individ- uals in enrolling in health insurance coverage and qualified health insurance; ‘‘(V) the development or installation of nec- essary data management systems; and ‘‘(VI) any other expenses determined appro- priate by the Secretary, including start-up costs and on going administrative expenses, in order for the State to treat the coverage described in subparagraphs (C) through (H) of section 3 5(e)(1) of the Internal Revenue Code of 1986 as qualified health insurance under that section. ‘‘(iii) O UTREACH.—To pay for outreach to eligible individuals to inform such individuals of available health insurance and qualified health insurance options, including outreach consisting of notice to eligible individuals of such options made available after the date of enactment of this clause and direct assist- ance to help potentially eligible individuals and such individual’s qualifying family members qualify and remain eligible for the credit established under section 35 of the Internal Revenue Code of 1986 and advance payment of such credit under section 7527 of such Code. ‘‘(iv) BRIDGE FUNDING.—To assist potentially eligible individuals to purchase qualified health insur- ance coverage prior to issuance of a qualified health insurance costs credit eligibility certificate under sec- tion 7527 of the Internal Revenue Code of 1986 and commencement of advance payment, and receipt of expedited payment, under subsections (a) and (e), respectively, of that section. ‘‘(C) RULE OF CONSTRUCTION.—The inclusion of a per- mitted use under this paragraph shall not be construed


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 123STA T .4 3 5PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9asprohib i t i ng asi m i l ar u s e o f fun d s permitted under sub - se c tion ( g ).’ ’ and ( 2 )b y stri k ing paragraph (2) and inserting the follo w ing new paragraph

‘(2) QUALIF I EDH EAL T HI NS U R AN C E. —F or purposes of this subsection and subsection (g) , the term ‘ q ualified health insur- ance’ has the meaning gi v en that term in section 35 (e) of the I nternal R evenue C ode of 1986 .’’. (b) FUNDIN G .— S ection 1 74 (c)(1) of the W orkforce Investment A ct of 1998 (29 U .S.C. 2919(c)(1)) is amended— (1) in the paragraph heading, by striking ‘‘AUTH O RI Z ATION AND A P PROPRIATION FOR FISCAL Y EAR 20 02’’ and inserting ‘‘APPROPRIATIONS’’; and (2) by striking subparagraph (A) and inserting the following new subparagraph: ‘‘(A) to carry out subsection (a)(4)(A) of section 173— ‘‘(i) $ 1 0 ,000,000 for fiscal year 2002; and ‘‘(ii) $150,000,000 for the period of fiscal years 2009 through 2010; and’’. SEC.189 9 L. GAO S TUDY A N D R E P ORT. (a) STUDY.— T he Comptroller G eneral of the United States shall conduct a study regarding the health insurance ta x credit allowed under section 35 of the Internal Revenue Code of 1986. (b) REPORT.— N ot later than M arch 1, 2010, the Comptroller General shall submit a report to Congress regarding the results of the study conducted under subsection (a). Such report shall include an analysis of— (1) the administrative costs— (A) of the Federal Government with respect to such credit and the advance payment of such credit under section 7527 of such Code, and ( B ) of providers of qualified health insurance with respect to providing such insurance to eligible individuals and their qualifying family members, (2) the health status and relative risk status of eligible individuals and qualifying family members covered under such insurance, (3) participation in such credit and the advance payment of such credit by eligible individuals and their qualifying family members, including the reasons why such individuals did or did not participate and the effect of the amendments made by this part on such participation, and (4) the extent to which eligible individuals and their quali- fying family members— (A) obtained health insurance other than qualifying health insurance, or (B) went without health insurance coverage. (c) ACCESS TO RECORDS.—For purposes of conducting the study required under this section, the Comptroller General and any of his duly authori z ed representatives shall have access to, and the right to examine and copy, all documents, records, and other recorded information— (1) within the possession or control of providers of qualified health insurance, and (2) determined by the Comptroller General (or any such representative) to be relevant to the study.


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 123STA T .4 3 6PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9TheComptr o l ler G e n er a l s hall not di s c lose the identit y o f any pro v ider of qu alified health insurance or any eli g i b le individual in ma k ing any information obtained under this section available to the public .( d )DEFIN I T I O N S . —A ny term w hich is defined in section 35 of the I nternal R evenue Code of 1986 shall have the same meaning when used in this section. TI T LE II —AS SISTA NC E FORU NE M-P LO Y E DW OR K ERS AND STRU G GLING FAMILIES SEC.20 00. S HORT T I T L E T AB LEO F CO N TENTS OF TITLE. ‘ (a) SH O R T TIT L E.—This title may be cited as the ‘ ‘Assistance for U nemployed W orkers and Struggling F amilies Act ’ ’. (b) T AB LE OF CONTENTS OF TITLE.—The table of contents of this title is as follows
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T LE II —AS SISTA NC E FORU NE MP LO Y E DW OR K ERS AND STRU G GLING FAMILIES S ec.20 00. S hort t i t l e t ab leo f co n tent s of title. S u btitle A—Une mp lo y ment Insurance Sec. 200 1 . E x tension of emer g ency unemployment compensation program. Sec. 2002. Increase in unemployment compensation benefits. Sec. 200 3 . Special transfers for unemployment compensation mo d erni z ation. Sec. 200 4 . Temporary assistance for states w ith ad v ances. Sec. 200 5 . Full Federal funding of extended unemployment compensation for a lim - ited period. Sec. 200 6 . Temporary increase in extended unemployment benefits under the Rail- road Unemployment Insurance Act. Subtitle B —Assistance for V ulnerable Individuals Sec. 2101. Emergency fund for TANF program. Sec. 2102. Extension of TANF supplemental grants. Sec. 2103. Clarification of authority of States to use TANF funds carried over from prior years to provide TANF benefits and services. Sec. 2104. Temporary resumption of prior child support law. Subtitle C—Economic Recovery Payments to Certain Individuals Sec. 2201. Economic recovery payment to recipients of social security , supplemental security income, railroad retirement benefits, and veterans disability compensation or pension benefits. Sec. 2202. Special credit for certain government retirees. S ubti t le A—U n e mp l oy ment In s u ra n c e SEC. 200 1 .E X TENSION OF E M ER G ENC YU NEM P LOYMENT COMPENSA - TION PROGRAM. (a) IN GENERAL.—Section 40 0 7 of the Supplemental Appropria - tions Act ,2 008 ( P ublic L aw 110 – 252 26 U.S.C. 3304 note), as amended by section 4 of the Unemployment Compensation Ex ten- sion Act of 2008 (Public Law 110–449; 122 Stat. 5015), is amended— (1) by striking ‘‘ M arch 31, 2009’’ each place it appears and inserting ‘‘December 31, 2009’’; (2) in the heading for subsection (b)(2), by striking ‘‘ M AR C H 31, 20 0 9 ’’ and inserting ‘‘ D ECEMBER 31, 2009’’; and (3) in subsection (b)(3), by striking ‘‘August 27, 2009’’ and inserting ‘‘May 31, 2010’’. 26USC1note.As s i st a n c e f o r Une mpl o y e dW or k ers and Str ug gling F amilies Act.


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 123STA T .4 3 7PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9(b)FINA N C IN GPROV I S IONS .—Section40 04o fsu c hA ct is am en d edb y addin g at the end the fo l lo w ing

‘(e) T RANS FE ROFF U N D S.— N otwithstanding any othe rp ro v ision of law , the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated)— ‘‘( 1 )tothee x tended unemployment compensation account (as established by section 9 0 5 of the Social Security Act) such sums as the Secretary of L abor estimates to be necessary to ma k e payments to States under this title by reason of the amendments made by section 2 001(a) of the Assistance for U nemployed W orkers and Struggling Families Act and ‘‘(2) to the employment security administration account (as established by section 901 of the Social Security Act) such sums as the Secretary of Labor estimates to be necessary for purposes of assisting States in meeting administrative costs by reason of the amendments referred to in paragraph (1). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be re q uired to be repaid. ’ ’. SEC.20 02. IN C R E A SE IN U NE MPLOY MEN T COMPENSATION B ENE F ITS. (a) FEDERA L- S T ATE AGREE M ENTS.—Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (hereinafter in this section referred to as the ‘‘Secretary’’). Any State which is a party to an agreement under this section may, upon providing 3 0 days’ written notice to the Secretary, terminate such agreement. (b) PROVISIONS OF AGREEMENT.— (1) ADDITIONAL COM P ENSATION.—Any agreement under this section shall provide that the State agency of the State will make payments of regular compensation to individuals in amounts and to the extent that they would be determined if the State law of the State were applied, with respect to any week for which the individual is (disregarding this section) otherwise entitled under the State law to receive regular com- pensation, as if such State law had been modified in a manner such that the amount of regular compensation (including dependents’ allowances) payable for any week shall be equal to the amount determined under the State law (before the application of this paragraph) plus an additional $ 25. (2) ALLO W A B LE MET H ODS OF PA Y MENT.—Any additional compensation provided for in accordance with paragraph (1) shall be payable either— (A) as an amount which is paid at the same time and in the same manner as any regular compensation otherwise payable for the week involved; or ( B ) at the option of the State, by payments which are made separately from, but on the same weekly basis as, any regular compensation otherwise payable. (c) NONREDUCTION R ULE.—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— (1) the average weekly benefit amount of regular compensa- tion which will be payable during the period of the agreement (determined disregarding any additional amounts attributable Notif i ca tio n.26USC3 3 04 not e . 26 USC 3304 note.


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 123STA T .4 3 8PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9to t hem o dif i ca tio n de s c r i b edins u bsection ( b ) ( 1 )) w i l l be less than ( 2 )thea v era g e wee k l y benefit amount of regular com p ensa - tion which would otherwise have been payable during such period under the S tate law, as in effect on D ecember 3 1,2 0 0 8. (d) PAYMENTS T O STATES. — (1) I N G ENE R A L .— ( A ) FU LL RE I M B URSEMENT.— T here shall be paid to each State which has entered into an agreement under this section an amount e q ual to 100 percent of— (i) the total amount of additional compensation (as described in subsection (b)(1)) paid to individuals by the State pursuant to such agreement and (ii) any additional administrative e x penses incurred by the State by reason of such agreement (as determined by the Secretary). ( B ) TERMS O FP AYMENTS.—Sums payable to any State by reason of such State ’ s having an agreement under this section shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be enti- tled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his 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. (2) C ERTIFI C ATIONS.—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 section. (3) APPROPRIATION.—There are appropriated from the gen- eral fund of the Treasury, without fiscal year limitation, such sums as may be necessary for purposes of this subsection. (e) APPLICABILITY.— (1) IN GENERAL.—An agreement entered into under this section shall apply to weeks of unemployment— (A) beginning after the date on which such agreement is entered into; and (B) ending before J anuary 1, 2010. (2) TRANSITION RULE FOR IN D I V IDUALS REMAINING ENTITLED TO REGULAR COMPENSATION AS OF J ANUARY 1, 20 10.—In the case of any individual who, as of the date specified in paragraph (1)(B), has not yet exhausted all rights to regular compensation under the State law of a State with respect to a benefit year that began before such date, additional compensation (as described in subsection (b)(1)) shall continue to be payable to such individual for any week beginning on or after such date for which the individual is otherwise eligible for regular compensation with respect to such benefit year. (3) TERMINATION.— N otwithstanding any other provision of this subsection, no additional compensation (as described in subsection (b)(1)) shall be payable for any week beginning after June 30, 2010. (f) FRAUD AND O VERPAYMENTS.—The provisions of section 4 00 5 of the Supplemental Appropriations Act, 2008 (Public L aw 110 –Ap p licab ili ty.T i me pe r i od.


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 123STA T .4 3 9PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 25 2 22 Sta t . 2 3 5 6)sh a l la p pl ywi th re spe c tt o a d ditio n al co m- pensation ( as descri b edins u bsection (b)(1)) to the same e x tent and in the same manner as in the case o f emer g ency unemployment compensation. (g) AP P LICAT I ON TO O T HERU NE M PLO Y MENT B ENE F IT S . — (1) I N G ENERAL.— E ach agreement under this section shall include pro v isions to provide that the purposes of the preceding provisions of this section shall be applied with respect to unemployment benefits described in subsection (i)(3) to the same extent and in the same manner as if those benefits were regular compensation. (2) ELIGI B ILITY AN D TERMINATION R U LES.—Additional com- pensation (as described in subsection (b)(1))— (A) shall not be payable, pursuant to this subsection, with respect to any unemployment benefits described in subsection (i)(3) for any wee k beginning on or after the date specified in subsection (e)(1)(B), except in the case of an individual who was eligible to receive additional compensation (as so described) in connection with any reg- ular compensation or any unemployment benefits described in subsection (i)(3) for any period of unemployment ending before such date; and (B) shall in no event be payable for any week beginning after the date specified in subsection (e)(3). (h) D ISREGARD OF ADDITIONAL C OMPENSATION FOR P URPOSES OF M EDICAID AND SC H IP.— T he monthly e q uivalent of any addi- tional compensation paid under this section shall be disregarded in considering the amount of income of an individual for any pur- poses under title X IX and title XXI of the Social Security Act. (i) DEFINITIONS.— F or purposes of this section— (1) the terms ‘ ‘compensation ’ ’, ‘‘regular compensation’’, ‘‘ben- efit year’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ have the respective meanings given such terms under section 2 0 5 of the Federal-State Extended Unemployment Compensa- tion Act of 1 97 0 (26 U.S.C. 330 4 note); (2) the term ‘‘emergency unemployment compensation’’ means emergency unemployment compensation under title I V of the Supplemental Appropriations Act, 200 8 (Public L aw 110 – 252; 122 Stat. 2353); and (3) any reference to unemployment benefits described in this paragraph shall be considered to refer to— (A) extended compensation (as defined by section 205 of the Federal-State Extended Unemployment Compensa- tion Act of 1970); and (B) unemployment compensation (as defined by section 85(b) of the Internal R evenue Code of 1986) provided under any program administered by a State under an agreement with the Secretary. SEC.20 0 3 .S P EC IALTR A N S F ERS F O R U NE M PLO Y MENT COMPENSATION MO D ERNI Z ATION. (a) IN G ENERAL.—Section 903 of the Social Security Act (42 U.S.C. 1103) is amended by adding at the end the following
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 123STA T .4 4 0PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ SpecialTr a nsf ers in F iscal Y ears 20 0 9, 20 1 0, an d 2011 f o r M oderni z a t ion ‘‘ ( f ) (1)( A ) I n addition to an y ot h era m o u nts, the Secretary of L a b or shall pro v ide for the ma k in g of unemployment compensation modernization incentive payments (hereinafter ‘incentive pay - ments ’ ) to the accounts of the States in the U nemployment Trust Fund, by transfer from amounts reserved for that purpose in the Federal unemployment account, in accordance w ith succeeding provisions of this subsection . ‘‘( B )Thema x imum incentive payment allowable under this subsection with respect to any State shall, as determined by the Secretary of Labor, be e q ual to the amount obtained by multiplying $7 ,000,000,000 by the same ratio as would apply under subsection (a)(2)(B) for purposes of determining such State’s share of any excess amount (as described in subsection (a)(1)) that would have been sub j ect to transfer to State accounts, as of O ctober 1, 200 8, under the provisions of subsection (a). ‘‘( C ) Of the maximum incentive payment determined under subparagraph (B) with respect to a State — ‘‘(i) one-third shall be transferred to the account of such State upon a certification under paragraph ( 4 )(B) that the State law of such State meets the requirements of paragraph (2) and ‘‘(ii) the remainder shall be transferred to the account of such State upon a certification under paragraph (4)(B) that the State law of such State meets the requirements of para- graph ( 3 ). ‘‘(2) The State law of a State meets the requirements of this paragraph if such State law— ‘‘(A) uses a base period that includes the most recently completed calendar quarter before the start of the benefit year for purposes of determining eligibility for unemployment com- pensation; or ‘‘(B) provides that, in the case of an individual who would not otherwise be eligible for unemployment compensation under the State law because of the use of a base period that does not include the most recently completed calendar quarter before the start of the benefit year, eligibility shall be determined using a base period that includes such calendar quarter. ‘‘(3) The State law of a State meets the requirements of this paragraph if such State law includes provisions to carry out at least 2 of the following subparagraphs ‘‘(A) An individual shall not be denied regular unemploy- ment compensation under any State law provisions relating to availability for work, active search for work, or refusal to accept work, solely because such individual is seeking only part-time work (as defined by the Secretary of Labor), except that the State law provisions carrying out this subparagraph may exclude an individual if a majority of the weeks of work in such individual’s base period do not include part-time work (as so defined). ‘‘(B) An individual shall not be disqualified from regular unemployment compensation for separating from employment if that separation is for any compelling family reason. For purposes of this subparagraph, the term ‘compelling family reason’ means the following:


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 123STA T .4 41 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (i)Domest i cv io l e n ce , ve r i f ie dby s u c h re a sonable and confidential documentation as the S tate la w may re q uire, which causes the individual reasonably to believe that such individual ’ s continued em p loyment would j eopardi z e the safety of the individual or of any member of the individual’s immediate family (as defined by the Secretary of L abor) . ‘‘(ii) T he illness or disability of a member of the individ - ual’s immediate family (as those terms are defined by the Secretary of Labor). ‘‘(iii) The need for the individual to accompany such individual’s spouse — ‘‘( I ) to a place from which it is impractical for such individual to commute and ‘‘(II) due to a chan g e in location of the spouse’s employment. ‘‘( C )(i) W ee k ly unemployment compensation is payable under this subparagraph to any individual who is unemployed (as determined under the State unemployment compensation law), has e x hausted all rights to regular unemployment com- pensation under the State law, and is enrolled and making satisfactory progress in a State-approved training program or in a job training program authorized under the Workforce Investment A ct of 19 9 8, except that such compensation is not required to be paid to an individual who is receiving similar stipends or other training allowances for non-training costs. ‘‘(ii) E ach State-approved training program or job training program referred to in clause (i) shall prepare individuals who have been separated from a declining occupation, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual’s place of employment, for entry into a high-demand occupation. ‘‘(iii) The amount of unemployment compensation payable under this subparagraph to an individual for a week of unemployment shall be equal to— ‘‘(I) the individual’s average weekly benefit amount (including dependents’ allowances) for the most recent ben- efit year, less ‘‘(II) any deductible income, as determined under State law. The total amount of unemployment compensation payable under this subparagraph to any individual shall be equal to at least 26 times the individual’s average weekly benefit amount (including dependents’ allowances) for the most recent benefit year. ‘‘(D) Dependents’ allowances are provided, in the case of any individual who is entitled to receive regular unemployment compensation and who has any dependents (as defined by State law), in an amount equal to at least $ 1 5 per dependent per week, subject to any aggregate limitation on such allowances which the State law may establish (but which aggregate limita- tion on the total allowance for dependents paid to an individual may not be less than $5 0 for each week of unemployment or 50 percent of the individual’s weekly benefit amount for the benefit year, whichever is less), except that a State law may provide for a reasonable reduction in the amount of any such allowance for a week of less than total unemployment.


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 123STA T .4 42 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (4) ( A )A nySta t es ee ki n g an in c enti v e p ay m ent u n d e r t h is su b secti o n sha l l submit an application there f or at such time , in such manner, and complete w ith such information as the Secretary of L abor may within 60 days after the date of the enactment of this subsection prescribe (whether by regulation or otherwise), including information relating to compliance with the re q uirements of paragraph ( 2 )or( 3 ), as well as how the State intends to use the incentive payment to improve or strengthen the State ’ s unemployment compensation program .T he Secretary of Labor shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary’s findings with respect to the requirements of paragraph (2) or (3) (or both). ‘‘( B )(i) I f the Secretary of Labor finds that the State law provi - sions (disregarding any State law provisions which are not then currently in effect as permanent law or which are sub j ect to dis- continuation) meet the requirements of paragraph (2) or (3), as the case may be, the Secretary of Labor shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the incentive payment to be transferred to the State account pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer within 7 days after receiving such certification. ‘‘(ii) F or purposes of clause (i), State law provisions which are to take effect within 1 2 months after the date of their certifi- cation under this subparagraph shall be considered to be in effect as of the date of such certification. ‘‘( C )(i) N o certification of compliance with the requirements of paragraph (2) or (3) may be made with respect to any State whose State law is not otherwise eligible for certification under section 303 or approvable under section 3304 of the Federal U nemployment Ta x Act. ‘‘(ii) No certification of compliance with the requirements of paragraph (3) may be made with respect to any State whose State law is not in compliance with the requirements of paragraph (2). ‘‘(iii) No application under subparagraph (A) may be considered if submitted before the date of the enactment of this subsection or after the latest date necessary (as specified by the Secretary of Labor) to ensure that all incentive payments under this sub- section are made before O ctober 1, 2011. ‘‘( 5 )(A) E xcept as provided in subparagraph (B), any amount transferred to the account of a State under this subsection may be used by such State only in the payment of cash benefits to individuals with respect to their unemployment (including for dependents’ allowances and for unemployment compensation under paragraph (3)(C)), exclusive of expenses of administration. ‘‘(B) A State may, subject to the same conditions as set forth in subsection (c)(2) (excluding subparagraph (B) thereof, and deeming the reference to ‘subsections (a) and (b)’ in subparagraph ( D ) thereof to include this subsection), use any amount transferred to the account of such State under this subsection for the adminis- tration of its unemployment compensation law and public employ- ment offices. ‘‘(6) Out of any money in the Federal unemployment account not otherwise appropriated, the Secretary of the Treasury shall reserve $ 7,000,000,000 for incentive payments under this sub- section. Any amount so reserved shall not be taken into account for purposes of any determination under section 9 02, 910, or 1203 Deadlin e .Ef fe ct i v e date. Deadline. C e r tificati o n s . Deadline. N otification. Ap plication. Deadline.


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 123STA T .4 43 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9oftheam o un t i n the F e d e r a l unem p lo y ment a c count a s of any g i v en time .A ny amount so reserved for w hich the S ecretary of the T reasury has not received a certification under paragraph (4) ( B ) b y the deadline described in paragraph (4)( C )(iii) shall , upon the close of fiscal year 201 1, become unrestricted as to use as part of the Federal unemployment account. ‘ ‘( 7 ) For purposes of this subsection, the terms ‘benefit year ’, ‘base period’, and ‘wee k ’ have the respective meanings given such terms under section 20 5 of the Federal - State Ex tended U nemploy- ment Compensation Act of 1 9 70 (2 6 U.S.C. 3 304 note). ‘‘Special Transfer in Fiscal Y ear 2009 for Administration ‘‘(g)(1) I n addition to any other amounts, the Secretary of the Treasury shall transfer from the employment security administra- tion account to the account of each State in the Unemployment Trust Fund, within 30 days after the date of the enactment of this subsection, the amount determined with respect to such State under paragraph (2). ‘‘(2) The amount to be transferred under this subsection to a State account shall (as determined by the Secretary of L abor and certified by such Secretary to the Secretary of the Treasury) bee q ual to the amount obtained by multiplying $ 500,000,000 by the same ratio as determined under subsection (f)(1)(B) with respect to such State. ‘‘(3) Any amount transferred to the account of a State as a result of the enactment of this subsection may be used by the State agency of such State only in the payment of expenses incurred by it for — ‘‘(A) the administration of the provisions of its State law carrying out the purposes of subsection (f)(2) or any subpara- graph of subsection (f)(3) ‘‘(B) improved outreach to individuals who might be eligible for regular unemployment compensation by virtue of any provi- sions of the State law which are described in subparagraph (A); ‘‘(C) the improvement of unemployment benefit and unemployment tax operations, including responding to increased demand for unemployment compensation; and ‘‘( D ) staff-assisted reemployment services for unemploy- ment compensation claimants.’’. (b) REGULATIONS .—The Secretary of Labor may prescribe any regulations, operating instructions, or other guidance necessary to carry out the amendment made by subsection (a). SEC.20 0 4 . T E MPORA R Y ASS I STA N CE F OR STATES W IT H A DV ANCES. Section 1202(b) of the Social Security Act (42 U.S.C. 1322(b)) is amended by adding at the end the following new paragraph ‘‘(10)(A) W ith respect to the period beginning on the date of enactment of this paragraph and ending on December 31, 2010— ‘‘(i) any interest payment otherwise due from a State under this subsection during such period shall be deemed to have been made by the State; and ‘‘(ii) no interest shall accrue during such period on any advance or advances made under section 1201 to a State. ‘‘(B) The provisions of subparagraph (A) shall have no effect on the requirement for interest payments under this subsection Timep e r i od.42USC1 1 03n o t e. D e a d l ine.


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 123STA T .4 44 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9after t h e p er iod de sc ri b edi n s u ch subpara g raph or on the accrua l of interest under this subsection after such period .’ ’. SEC.20 0 5 . FUL LFE D E RA LFU N D I N GO FE XT ENDED UNE MP LO Y MENT COMPENSATION FOR A LIMITED PERIOD. ( a )INGE NE RAL . — In the case of sharable e x tended co m pensa - tion and sharable regular compensation paid for w ee k s of unemplo y - ment beginning after the date of the enactment of this section and before J anuary 1,20 10, section 20 4 (a)(1) of the F ederal- S tate E xtended U nemployment C ompensation A ctof1 97 0(2 6 U.S.C. 3 304 note) shall be applied by substituting ‘ ‘100 percent of’’ for ‘‘one-half of’’. (b) S P E CI AL RU LE.—At the option of a State, for any weeks of unemployment beginning after the date of the enactment of this section and before January 1, 2010, an indi v idual’s eligibility period (as described in section 203(c) of the Federal-State Extended Unemployment Compensation Act of 1970) shall, for purposes of any determination of eligibility for extended compensation under the State law of such State, be considered to include any week which begins— (1) after the date as of which such individual exhausts all rights to emergency unemployment compensation and (2) during an extended benefit period that began on or before the date described in paragraph (1). (c) L I M I T E D E X TEN S I O N.—In the case of an individual who receives extended compensation with respect to 1 or more weeks of unemployment beginning after the date of the enactment of this Act and before January 1, 2010, the provisions of subsections (a) and (b) shall, at the option of a State, be applied by substituting ‘‘ending before June 1, 2010’’ for ‘‘before January 1, 2010’’. (d) EXTENSION O FT EMPORAR Y FEDERAL M ATC H IN G FOR THE FIRST W EE K OF EXTENDED B ENEFITS FOR STATES WITH N O WAITING WEEK.— (1) IN GENERAL.—Section 5 of the Unemployment Com- pensation Extension Act of 200 8 ( P ublic Law 110 – 449) is amended by striking ‘‘ D ecember 8, 2009’’ and inserting ‘‘May 30, 2010’’. (2) EFFECTI V E DATE.—The amendment made by paragraph (1) shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2008 (Public Law 110–449). (e) DEFINITIONS.—For purposes of this section— (1) the terms ‘‘sharable extended compensation’’ and ‘‘shar- able regular compensation’’ have the respective meanings given such terms under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; (2) the terms ‘‘extended compensation’’, ‘‘State’’, ‘‘State law’’, and ‘‘week’’ have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970; (3) the term ‘‘emergency unemployment compensation’’ means benefits payable to individuals under title I V of the Supplemental Appropriations Act, 2008 with respect to their unemployment; and (4) the term ‘‘extended benefit period’’ means an extended benefit period as determined in accordance with applicable 26USC3 3 04note.Ap p licab ilit y . Applicability. 26 USC 3304 note.


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 123STA T .4 4 5PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9provis io n so ftheF e d er al-S tate Ex tended U ne m plo y ment C om- pensation Ac tof 1970.( f )REGULATIONS . —T he Secretary of L a b or may prescribe any operatin g instr u ctions or regulations necessary to carry out this section. SEC.20 0 6 . T E MPORA R YIN CREASE IN E X TEN D ED U NEMP L OYMENT B ENE F ITS UNDER T H E RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) I N G ENE R AL.—Section 2 (c)(2) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 3 52(c)(2)) is amended by adding at the end the follo w ing

‘( D )TE MP ORAR Y IN C REASE IN E X TEN D ED UNEMPLOY- MENT B ENE F ITS.— ‘‘(i) EMPLOYEES W IT H10 OR MORE YEARS OF SER V ICE.—Sub j ect to clause (iii) , in the case of an employee who has 10 or more years of service (as so defined), with respect to extended unemployment benefits— ‘‘(I) subparagraph (A) shall be applied by sub- stituting ‘130 days of unemployment ’ for ‘ 6 5 days of unemployment’ and ‘‘(II) subparagraph ( B ) shall be applied by inserting ‘(or, in the case of unemployment bene- fits, 13 consecutive 14-day periods)’ after ‘7 consecutive 14-day periods’. ‘‘(ii) EMPLOYEES WITH LESS THAN 10 YEARS OF SERVICE.—Subject to clause (iii), in the case of an employee who has less than 10 years of service (as so defined), with respect to extended unemployment benefits, this paragraph shall apply to such an employee in the same manner as this paragraph would apply to an employee described in clause (i) if such clause had not been enacted. ‘‘(iii) APPLICATION.—The provisions of clauses (i) and (ii) shall apply to an employee who received normal benefits for days of unemployment under this Act during the period beginning J uly 1, 200 8, and ending on June 30, 2009, except that no extended benefit period under this paragraph shall begin after December 31, 2009. N otwithstanding the preceding sentence, no benefits shall be payable under this subparagraph and clauses (i) and (ii) shall no longer be applicable upon the exhaustion of the funds appro- priated under clause (iv) for payment of benefits under this subparagraph. ‘‘(iv) APPROPRIATION.— O ut of any funds in the Treasury not otherwise appropriated, there are appro- priated $ 20,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.’’. (b) FUNDING FOR ADMINISTRATION.—Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $80,000 to cover the administrative expenses associated with the payment of additional extended unemployment benefits under section 2(c)(2)(D) of the Railroad Timep e r i od.D e a d l i n e. A ppli c a b ili ty .