
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC3304]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                      Subtitle C--Employment Taxes
 
                CHAPTER 23--FEDERAL UNEMPLOYMENT TAX ACT
 
Sec. 3304. Approval of State laws


(a) Requirements

    The Secretary of Labor shall approve any State law submitted to him, 
within 30 days of such submission, which he finds provides that--
        (1) all compensation is to be paid through public employment 
    offices or such other agencies as the Secretary of Labor may 
    approve;
        (2) no compensation shall be payable with respect to any day of 
    unemployment occurring within 2 years after the first day of the 
    first period with respect to which contributions are required;
        (3) all money received in the unemployment fund shall (except 
    for refunds of sums erroneously paid into such fund and except for 
    refunds paid in accordance with the provisions of section 3305(b)) 
    immediately upon such receipt be paid over to the Secretary of the 
    Treasury to the credit of the Unemployment Trust Fund established by 
    section 904 of the Social Security Act (42 U.S.C. 1104);
        (4) all money withdrawn from the unemployment fund of the State 
    shall be used solely in the payment of unemployment compensation, 
    exclusive of expenses of administration, and for refunds of sums 
    erroneously paid into such fund and refunds paid in accordance with 
    the provisions of section 3305(b); except that--
            (A) an amount equal to the amount of employee payments into 
        the unemployment fund of a State may be used in the payment of 
        cash benefits to individuals with respect to their disability, 
        exclusive of expenses of administration;
            (B) the amounts specified by section 903 (c)(2) of the 
        Social Security Act may, subject to the conditions prescribed in 
        such section, be used for expenses incurred by the State for 
        administration of its unemployment compensation law and public 
        employment offices;
            (C) nothing in this paragraph shall be construed to prohibit 
        deducting an amount from unemployment compensation otherwise 
        payable to an individual and using the amount so deducted to pay 
        for health insurance, or the withholding of Federal, State, or 
        local individual income tax, if the individual elected to have 
        such deduction made and such deduction was made under a program 
        approved by the Secretary of Labor;
            (D) amounts may be deducted from unemployment benefits and 
        used to repay overpayments as provided in section 303(g) of the 
        Social Security Act;
            (E) amounts may be withdrawn for the payment of short-time 
        compensation under a plan approved by the Secretary of Labor; 
        and
            (F) amounts may be withdrawn for the payment of allowances 
        under a self-employment assistance program (as defined in 
        section 3306(t));

        (5) compensation shall not be denied in such State to any 
    otherwise eligible individual for refusing to accept new work under 
    any of the following conditions:
            (A) if the position offered is vacant due directly to a 
        strike, lockout, or other labor dispute;
            (B) if the wages, hours, or other conditions of the work 
        offered are substantially less favorable to the individual than 
        those prevailing for similar work in the locality;
            (C) if as a condition of being employed the individual would 
        be required to join a company union or to resign from or refrain 
        from joining any bona fide labor organization;

        (6)(A) compensation is payable on the basis of service to which 
    section 3309(a)(1) applies, in the same amount, on the same terms, 
    and subject to the same conditions as compensation payable on the 
    basis of other service subject to such law; except that--
            (i) with respect to services in an instructional, research, 
        or principal administrative capacity for an educational 
        institution to which section 3309(a)(1) applies, compensation 
        shall not be payable based on such services for any week 
        commencing during the period between two successive academic 
        years or terms (or, when an agreement provides instead for a 
        similar period between two regular but not successive terms, 
        during such period) to any individual if such individual 
        performs such services in the first of such academic years (or 
        terms) and if there is a contract or reasonable assurance that 
        such individual will perform services in any such capacity for 
        any educational institution in the second of such academic years 
        or terms,
            (ii) with respect to services in any other capacity for an 
        educational institution to which section 3309(a)(1) applies--
                (I) compensation payable on the basis of such services 
            may be denied to any individual for any week which commences 
            during a period between 2 successive academic years or terms 
            if such individual performs such services in the first of 
            such academic years or terms and there is a reasonable 
            assurance that such individual will perform such services in 
            the second of such academic years or terms, except that
                (II) if compensation is denied to any individual for any 
            week under subclause (I) and such individual was not offered 
            an opportunity to perform such services for the educational 
            institution for the second of such academic years or terms, 
            such individual shall be entitled to a retroactive payment 
            of the compensation for each week for which the individual 
            filed a timely claim for compensation and for which 
            compensation was denied solely by reason of subclause (I),

            (iii) with respect to any services described in clause (i) 
        or (ii), compensation payable on the basis of such services 
        shall be denied to any individual for any week which commences 
        during an established and customary vacation period or holiday 
        recess if such individual performs such services in the period 
        immediately before such vacation period or holiday recess, and 
        there is a reasonable assurance that such individual will 
        perform such services in the period immediately following such 
        vacation period or holiday recess,
            (iv) with respect to any services described in clause (i) or 
        (ii), compensation payable on the basis of services in any such 
        capacity shall be denied as specified in clauses (i), (ii), and 
        (iii) to any individual who performed such services in an 
        educational institution while in the employ of an educational 
        service agency, and for this purpose the term ``educational 
        service agency'' means a governmental agency or governmental 
        entity which is established and operated exclusively for the 
        purpose of providing such services to one or more educational 
        institutions,
            (v) with respect to services to which section 3309(a)(1) 
        applies, if such services are provided to or on behalf of an 
        educational institution, compensation may be denied under the 
        same circumstances as described in clauses (i) through (iv), and
            (vi) with respect to services described in clause (ii), 
        clauses (iii) and (iv) shall be applied by substituting ``may be 
        denied'' for ``shall be denied'', and

        (B) payments (in lieu of contributions) with respect to service 
    to which section 3309(a)(1) applies may be made into the State 
    unemployment fund on the basis set forth in section 3309(a)(2);
        (7) an individual who has received compensation during his 
    benefit year is required to have had work since the beginning of 
    such year in order to qualify for compensation in his next benefit 
    year;
        (8) compensation shall not be denied to an individual for any 
    week because he is in training with the approval of the State agency 
    (or because of the application, to any such week in training, of 
    State law provisions relating to availability for work, active 
    search for work, or refusal to accept work);
        (9)(A) compensation shall not be denied or reduced to an 
    individual solely because he files a claim in another State (or a 
    contiguous country with which the United States has an agreement 
    with respect to unemployment compensation) or because he resides in 
    another State (or such a contiguous country) at the time he files a 
    claim for unemployment compensation;
        (B) the State shall participate in any arrangements for the 
    payment of compensation on the basis of combining an individual's 
    wages and employment covered under the State law with his wages and 
    employment covered under the unemployment compensation law of other 
    States which are approved by the Secretary of Labor in consultation 
    with the State unemployment compensation agencies as reasonably 
    calculated to assure the prompt and full payment of compensation in 
    such situations. Any such arrangement shall include provisions for 
    (i) applying the base period of a single State law to a claim 
    involving the combining of an individual's wages and employment 
    covered under two or more State laws, and (ii) avoiding duplicate 
    use of wages and employment by reason of such combining;
        (10) compensation shall not be denied to any individual by 
    reason of cancellation of wage credits or total reduction of his 
    benefit rights for any cause other than discharge for misconduct 
    connected with his work, fraud in connection with a claim for 
    compensation, or receipt of disqualifying income;
        (11) extended compensation shall be payable as provided by the 
    Federal-State Extended Unemployment Compensation Act of 1970;
        (12) no person shall be denied compensation under such State law 
    solely on the basis of pregnancy or termination of pregnancy;
        (13) compensation shall not be payable to any individual on the 
    basis of any services, substantially all of which consist of 
    participating in sports or athletic events or training or preparing 
    to so participate, for any week which commences during the period 
    between two successive sport seasons (or similar periods) if such 
    individual performed such services in the first of such seasons (or 
    similar periods) and there is a reasonable assurance that such 
    individual will perform such services in the later of such seasons 
    (or similar periods);
        (14)(A) compensation shall not be payable on the basis of 
    services performed by an alien unless such alien is an individual 
    who was lawfully admitted for permanent residence at the time such 
    services were performed, was lawfully present for purposes of 
    performing such services, or was permanently residing in the United 
    States under color of law at the time such services were performed 
    (including an alien who was lawfully present in the United States as 
    a result of the application of the provisions of section 212(d)(5) 
    of the Immigration and Nationality Act),
        (B) any data or information required of individuals applying for 
    compensation to determine whether compensation is not payable to 
    them because of their alien status shall be uniformly required from 
    all applicants for compensation, and
        (C) in the case of an individual whose application for 
    compensation would otherwise be approved, no determination by the 
    State agency that compensation to such individual is not payable 
    because of his alien status shall be made except upon a 
    preponderance of the evidence;
        (15) the amount of compensation payable to an individual for any 
    week which begins after March 31, 1980, and which begins in a period 
    with respect to which such individual is receiving a governmental or 
    other pension, retirement or retired pay, annuity, or any other 
    similar periodic payment which is based on the previous work of such 
    individual shall be reduced (but not below zero) by an amount equal 
    to the amount of such pension, retirement or retired pay, annuity, 
    or other payment, which is reasonably attributable to such week 
    except that--
            (A) the requirements of this paragraph shall apply to any 
        pension, retirement or retired pay, annuity, or other similar 
        periodic payment only if--
                (i) such pension, retirement or retired pay, annuity, or 
            similar payment is under a plan maintained (or contributed 
            to) by a base period employer or chargeable employer (as 
            determined under applicable law), and
                (ii) in the case of such a payment not made under the 
            Social Security Act or the Railroad Retirement Act of 1974 
            (or the corresponding provisions of prior law), services 
            performed for such employer by the individual after the 
            beginning of the base period (or remuneration for such 
            services) affect eligibility for, or increase the amount of, 
            such pension, retirement or retired pay, annuity, or similar 
            payment, and

            (B) the State law may provide for limitations on the amount 
        of any such a reduction to take into account contributions made 
        by the individual for the pension, retirement or retired pay, 
        annuity, or other similar periodic payment;

        (16)(A) wage information contained in the records of the agency 
    administering the State law which is necessary (as determined by the 
    Secretary of Health and Human Services in regulations) for purposes 
    of determining an individual's eligibility for assistance, or the 
    amount of such assistance, under a State program funded under part A 
    of title IV of the Social Security Act, shall be made available to a 
    State or political subdivision thereof when such information is 
    specifically requested by such State or political subdivision for 
    such purposes,
        (B) wage and unemployment compensation information contained in 
    the records of such agency shall be furnished to the Secretary of 
    Health and Human Services (in accordance with regulations 
    promulgated by such Secretary) as necessary for the purposes of the 
    National Directory of New Hires established under section 453(i) of 
    the Social Security Act, and
        (C) such safeguards are established as are necessary (as 
    determined by the Secretary of Health and Human Services in 
    regulations) to insure that information furnished under subparagraph 
    (A) or (B) is used only for the purposes authorized under such 
    subparagraph;
        (17) any interest required to be paid on advances under title 
    XII of the Social Security Act shall be paid in a timely manner and 
    shall not be paid, directly or indirectly (by an equivalent 
    reduction in State unemployment taxes or otherwise) by such State 
    from amounts in such State's unemployment fund;
        (18) Federal individual income tax from unemployment 
    compensation is to be deducted and withheld if an individual 
    receiving such compensation voluntarily requests such deduction and 
    withholding; and
        (19) all the rights, privileges, or immunities conferred by such 
    law or by acts done pursuant thereto shall exist subject to the 
    power of the legislature to amend or repeal such law at any time.

(b) Notification

    The Secretary of Labor shall, upon approving such law, notify the 
governor of the State of his approval.

(c) Certification

    On October 31 of each taxable year the Secretary of Labor shall 
certify to the Secretary of the Treasury each State whose law he has 
previously approved, except that he shall not certify any State which, 
after reasonable notice and opportunity for hearing to the State agency, 
the Secretary of Labor finds has amended its law so that it no longer 
contains the provisions specified in subsection (a) or has with respect 
to the 12-month period ending on such October 31 failed to comply 
substantially with any such provision in such subsection. No finding of 
a failure to comply substantially with any provision in paragraph (5) of 
subsection (a) shall be based on an application or interpretation of 
State law (1) until all administrative review provided for under the 
laws of the State has been exhausted, or (2) with respect to which the 
time for judicial review provided by the laws of the State has not 
expired, or (3) with respect to which any judicial review is pending. On 
October 31 of any taxable year, the Secretary of Labor shall not certify 
any State which, after reasonable notice and opportunity for hearing to 
the State agency, the Secretary of Labor finds has failed to amend its 
law so that it contains each of the provisions required by law to be 
included therein (including provisions relating to the Federal-State 
Extended Unemployment Compensation Act of 1970 (or any amendments 
thereto) as required under subsection (a)(11)), or has, with respect to 
the twelve-month period ending on such October 31, failed to comply 
substantially with any such provision.

(d) Notice of noncertification

    If at any time the Secretary of Labor has reason to believe that a 
State whose law he has previously approved may not be certified under 
subsection (c), he shall promptly so notify the governor of such State.

(e) Change of law during 12-month period

    Whenever--
        (1) any provision of this section, section 3302, or section 3303 
    refers to a 12-month period ending on October 31 of a year, and
        (2) the law applicable to one portion of such period differs 
    from the law applicable to another portion of such period,

then such provision shall be applied by taking into account for each 
such portion the law applicable to such portion.

(f) Definition of institution of higher education

    For purposes of subsection (a)(6), the term ``institution of higher 
education'' means an educational institution in any State which--
        (1) admits as regular students only individuals having a 
    certificate of graduation from a high school, or the recognized 
    equivalent of such a certificate;
        (2) is legally authorized within such State to provide a program 
    of education beyond high school;
        (3) provides an educational program for it which awards a 
    bachelor's or higher degree, or provides a program which is 
    acceptable for full credit toward such a degree, or offers a program 
    of training to prepare students for gainful employment in a 
    recognized occupation; and
        (4) is a public or other nonprofit institution.

(Aug. 16, 1954, ch. 736, 68A Stat. 443; Pub. L. 91-373, title I, 
Secs. 104(a), 108(a), 121(a), 131(b)(2), 142(f)-(h), title II, Sec. 206, 
Aug. 10, 1970, 84 Stat. 697, 701, 704, 707, 708, 712; Pub. L. 94-455, 
title XIX, Secs. 1903(a)(14), 1906(b)(13)(C), (E), Oct. 4, 1976, 90 
Stat. 1809, 1834; Pub. L. 94-566, title I, Sec. 115(c)(1), (5), title 
III, Secs. 312(a), (b), 314(a), title V, Sec. 506(b), Oct. 20, 1976, 90 
Stat. 2670, 2671, 2679, 2680, 2687; Pub. L. 95-19, title III, 
Sec. 302(a), (c), (e), Apr. 12, 1977, 91 Stat. 44, 45; Pub. L. 95-171, 
Sec. 2(a), Nov. 12, 1977, 91 Stat. 1353; Pub. L. 95-216, title IV, 
Sec. 403(b), Dec. 20, 1977, 91 Stat. 1561; Pub. L. 96-364, title IV, 
Sec. 414(a), Sept. 26, 1980, 94 Stat. 1310; Pub. L. 97-35, title XXIV, 
Sec. 2408(a), Aug. 13, 1981, 95 Stat. 880; Pub. L. 97-248, title I, 
Sec. 193(a), Sept. 3, 1982, 96 Stat. 408; Pub. L. 98-21, title V, 
Secs. 515(b), 521(a), 523(a), Apr. 20, 1983, 97 Stat. 147, 148; Pub. L. 
99-272, title XII, Sec. 12401(b)(1), Apr. 7, 1986, 100 Stat. 297; Pub. 
L. 99-514, title XVIII, Sec. 1899A(43), Oct. 22, 1986, 100 Stat. 2960; 
Pub. L. 101-649, title I, Sec. 162(e)(4), Nov. 29, 1990, 104 Stat. 5011; 
Pub. L. 102-164, title III, Sec. 302(a), Nov. 15, 1991, 105 Stat. 1059; 
Pub. L. 102-318, title IV, Sec. 401(a)(1), July 3, 1992, 106 Stat. 298; 
Pub. L. 103-182, title V, Sec. 507(b)(1), Dec. 8, 1993, 107 Stat. 2154; 
Pub. L. 103-465, title VII, Sec. 702(b), (c)(1), Dec. 8, 1994, 108 Stat. 
4997; Pub. L. 104-193, title I, Sec. 110(l)(1), formerly Sec. 110(l)(2), 
title III, Sec. 316(g)(2), Aug. 22, 1996, 110 Stat. 2173, 2218, 
renumbered Pub. L. 105-33, title V, Sec. 5514(a)(2), Aug. 5, 1997, 111 
Stat. 620.)

                       References in Text

    The Social Security Act, referred to in subsec. (a)(4)(B), (D), 
(15)(A)(ii), (16)(A), (B), (17), is act Aug. 14, 1935, ch. 531, 49 Stat. 
620, as amended, which is classified generally to chapter 7 (Sec. 301 et 
seq.) of Title 42, The Public Health and Welfare. Part A of title IV and 
title XII of the Act are classified generally to part A (Sec. 601 et 
seq.) of subchapter IV and subchapter XII (Sec. 1321 et seq.), 
respectively, of chapter 7 of Title 42. Sections 303(g), 453(i), and 
903(c)(2) of the Act are classified to sections 503(g), 653(i), and 
1103(c)(2), respectively, of Title 42. For complete classification of 
this Act to the Code, see Short Title note set out under section 1305 of 
Title 42 and Tables.
    The Federal-State Extended Unemployment Compensation Act of 1970, 
referred to in subsecs. (a)(11) and (c), is Pub. L. 91-373, title II, 
Aug. 10, 1970, 84 Stat. 708, as amended, which is set out as a note 
below.
    Section 212(d)(5) of the Immigration and Nationality Act, referred 
to in subsec. (a)(14)(A), is classified to section 1182(d)(5) of Title 
8, Aliens and Nationality.
    The Railroad Retirement Act of 1974, referred to in subsec. 
(a)(15)(A)(ii), is act Aug. 29, 1935, ch. 812, as amended generally by 
Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which 
is classified generally to subchapter IV (Sec. 231 et seq.) of chapter 9 
of Title 45, Railroads. For further details and complete classification 
of this Act to the Code, see Codification note set out preceding section 
231 of Title 45, section 231t of Title 45, and Tables.


                               Amendments

    1996--Subsec. (a)(16)(A). Pub. L. 104-193, Sec. 316(g)(2)(C), struck 
out ``and'' at end.
    Pub. L. 104-193, Sec. 316(g)(2)(A), substituted ``Secretary of 
Health and Human Services'' for ``Secretary of Health, Education, and 
Welfare''.
    Pub. L. 104-193, Sec. 110(l)(1), formerly Sec. 110(l)(2), as 
renumbered by Pub. L. 105-33, substituted ``eligibility for assistance, 
or the amount of such assistance, under a State program funded'' for 
``eligibility for aid or services, or the amount of such aid or 
services, under a State plan for aid and services to needy families with 
children approved''.
    Subsec. (a)(16)(B). Pub. L. 104-193, Sec. 316(g)(2)(E), added 
subpar. (B). Former subpar. (B) redesignated (C).
    Pub. L. 104-193, Sec. 316(g)(2)(B), substituted ``information 
furnished under subparagraph (A) or (B) is used only for the purposes 
authorized under such subparagraph;'' for ``such information is used 
only for the purposes authorized under subparagraph (A);''.
    Pub. L. 104-193, Sec. 316(g)(2)(A), substituted ``Secretary of 
Health and Human Services'' for ``Secretary of Health, Education, and 
Welfare''.
    Subsec. (a)(16)(C). Pub. L. 104-193, Sec. 316(g)(2)(D), redesignated 
subpar. (B) as (C).
    1994--Subsec. (a)(4)(C). Pub. L. 103-465, Sec. 702(c)(1), inserted 
``, or the withholding of Federal, State, or local individual income 
tax,'' after ``health insurance''.
    Subsec. (a)(17) to (19). Pub. L. 103-465, Sec. 702(b), struck out 
``and'' at end of par. (17), added par. (18), and redesignated former 
par. (18) as (19).
    1993--Subsec. (a)(4)(F). Pub. L. 103-182 added subpar. (F).
    1992--Subsec. (a)(4)(E). Pub. L. 102-318 added subpar. (E).
    1991--Subsec. (a)(6)(A)(ii)(I). Pub. L. 102-164, Sec. 302(a)(1), 
substituted ``may be denied'' for ``shall be denied''.
    Subsec. (a)(6)(A)(iii), (iv). Pub. L. 102-164, Sec. 302(a)(2), which 
directed that ``and'' be struck out at end of cls. (iii) and (iv), could 
be executed only to cl. (iv) because ``and'' did not appear at end of 
cl. (iii).
    Subsec. (a)(6)(A)(vi). Pub. L. 102-164, Sec. 302(a)(2), added cl. 
(vi).
    1990--Subsec. (a)(14)(A). Pub. L. 101-649 struck out reference to 
section 203(a)(7) of Immigration and Nationality Act.
    1986--Subsec. (a)(4)(D). Pub. L. 99-272 added subpar. (D).
    Subsec. (a)(6)(A)(iii). Pub. L. 99-514 struck out ``and'' at end.
    1983--Subsec. (a)(4)(C). Pub. L. 98-21, Sec. 523(a), added subpar. 
(C).
    Subsec. (a)(6)(A)(ii)(I), (iii), (iv). Pub. L. 98-21, 
Sec. 521(a)(2), substituted ``shall be denied'' for ``may be denied''.
    Subsec. (a)(6)(A)(v). Pub. L. 98-21, Sec. 521(a)(1), added cl. (v).
    Subsec. (a)(17), (18). Pub. L. 98-21, Sec. 515(b), added par. (17) 
and redesignated former par. (17) as (18).
    1982--Subsec. (a)(6)(A)(ii). Pub. L. 97-248 redesignated existing 
provisions as provisions preceding subcl. (I) and subcl. (I), and in 
such provisions as so redesignated, struck out ``(other than an 
institution of higher education)'' after ``capacity for an educational 
institution'', substituted ``2'' for ``two'', and inserted ``except 
that'' at end of subcl. (I), and added subcl. (II).
    1981--Subsec. (c). Pub. L. 97-35 substituted provisions relating to 
limitations on certification on Oct. 31 of any taxable year, for 
provisions relating to limitations on certification on Oct. 31 of any 
taxable year after 1971, and on Oct. 31 of any taxable year after 1977.
    1980--Subsec. (a)(15). Pub. L. 96-364 inserted provisions relating 
to applicability to any pension, retirement or retired pay, annuity, or 
other similar periodic payment.
    1977--Subsec. (a)(6)(A)(i). Pub. L. 95-19, Sec. 302(c)(1), (2), 
inserted a comma between ``instructional'' and ``research'', substituted 
``two successive academic years or terms'' for ``two successive academic 
years'', and struck out ``and'' after ``the second of such academic 
years or terms,''.
    Subsec. (a)(6)(A)(iii). Pub. L. 95-19, Sec. 302(c)(3), added cl. 
(iii).
    Subsec. (a)(6)(A)(iv). Pub. L. 95-171 added cl. (iv).
    Subsec. (a)(14)(A). Pub. L. 95-19, Sec. 302(a), substituted ``who 
was lawfully admitted for permanent residence at the time such services 
were performed, was lawfully present for purposes of performing such 
services, or was permanently residing in the United States under color 
of law at the time such services were performed (including an alien who 
was'' for ``who has been lawfully admitted for permanent residence or 
otherwise is permanently residing in the United States under color of 
law (including an alien who is''.
    Subsec. (a)(15). Pub. L. 95-19, Sec. 302(e), substituted ``March 31, 
1980'' for ``September 30, 1979''.
    Subsec. (a)(16), (17). Pub. L. 95-216 added par. (16). Former par. 
(16) redesignated (17).
    1976--Subsec. (a)(3). Pub. L. 94-455, Secs. 1903(a)(14)(A), 
1906(b)(13)(C), inserted ``of the Treasury'' after ``to the Secretary'' 
and struck out ``49 Stat. 640; 52 Stat. 1104, 1105;'' before ``42 U.S.C. 
1104''.
    Subsec. (a)(6)(A). Pub. L. 94-566, Sec. 115(c)(1), designated 
existing provisions as cl. (i), added cl. (ii), and in cl. (i) as so 
designated substituted ``educational institution'' for ``institution of 
higher education'', ``an agreement provides'' for ``the contract 
provides'', and ``if such individual performs such services in the first 
of such academic years (or terms) and if there is a contract or 
reasonable assurance that such individual will perform services in any 
such capacity for any educational institution in the second of such 
academic years or terms, and'' for ``who has a contract to perform 
services in any such capacity for any institution or institutions of 
higher education for both of such academic years or both of such terms, 
and''.
    Subsec. (a)(6)(B). Pub. L. 94-566, Sec. 506(b), substituted 
``section 3309(a)(1)'' for ``section 3309(a)(1)(A)''.
    Subsec. (a)(12). Pub. L. 94-566, Sec. 312(a), substituted provisions 
that no person shall be denied compensation under such State law solely 
on the basis of pregnancy or termination of pregnancy for provisions 
that each political subdivision of the State should have the right to 
elect to have compensation payable to employees thereof (whose services 
were not otherwise subject to such law) based on service performed by 
such employees in the hospitals and institutions of higher education (as 
defined in section 3309(d)) operated by such political subdivision; and, 
if any such political subdivision did elect to have compensation payable 
to such employees thereof (A) the political subdivision elected should 
pay into the State unemployment fund, with respect to the service of 
such employees, payments (in lieu of contributions), and (B) such 
employees would be entitled to receive, on the basis of such service, 
compensation payable on the same conditions as compensation which was 
payable on the basis of similar service for the State which was subject 
to such law.
    Subsec. (a)(13) to (16). Pub. L. 94-566, Sec. 314(a), added pars. 
(13) to (15) and redesignated former par. (13) as (16).
    Subsec. (c). Pub. L. 94-566, Sec. 312(b), provided that on Oct. 31 
of any taxable year after 1977, the Secretary shall not certify any 
State which, after reasonable notice and opportunity for a hearing to 
the State agency, the Secretary of Labor finds has failed to amend its 
law so that it contains each of the provisions required by reason of the 
enactment of the Unemployment Compensation Amendments of 1976 to be 
included therein, or has with respect to the 12-month period ending on 
such Oct. 31, failed to comply substantially with any such provision.
    Pub. L. 94-455, Secs. 1903(a)(14)(B), 1906(b)(13)(C), (E), inserted 
``of the Treasury'' after ``certify to the Secretary'', substituted 
``the Secretary of Labor shall'' for ``the Secretary shall'' and struck 
out ``(10-month period in the case of October 31, 1972)'' after ``to the 
12-month period''.
    Subsec. (f). Pub. L. 94-566, Sec. 115(c)(5), added subsec. (f).
    1970--Subsec. (a)(6) to (13). Pub. L. 91-373, Secs. 104(a), 108(a), 
121(a), 206, added pars. (6) to (12) and redesignated former par. (6) as 
(13).
    Subsec. (c). Pub. L. 91-373, Sec. 131(b)(2), clarified provisions 
governing procedure to be followed with respect to a finding of the 
Secretary of Labor that a state has failed to comply substantially with 
any of the provisions of subsec. (a)(5).
    Pub. L. 91-373, Sec. 142(f), substituted ``October 31'' for 
``December 31'' as certification date and ``12-month period ending on 
such October 31'' for ``taxable year'' and prohibited certifications for 
failure to amend State laws to contain provisions required by reason of 
enactment of the Employment Security Amendments of 1970.
    Subsec. (d). Pub. L. 91-373, Sec. 142(g), substituted ``If at any 
time'' for ``If, at any time during the taxable year,''.
    Subsec. (e). Pub. L. 91-373, Sec. 142(h), added subsec. (e).


                    Effective Date of 1996 Amendment

    Amendment by section 110(l)(1) of Pub. L. 104-193 effective July 1, 
1997, with transition rules relating to State options to accelerate such 
date, rules relating to claims, actions, and proceedings commenced 
before such date, rules relating to closing out of accounts for 
terminated or substantially modified programs and continuance in office 
of Assistant Secretary for Family Support, and provisions relating to 
termination of entitlement under AFDC program, see section 116 of Pub. 
L. 104-193, as amended, set out as an Effective Date note under section 
601 of Title 42, The Public Health and Welfare.
    For effective date of amendment by section 316(g)(2) of Pub. L. 104-
193, see section 395(a)-(c) of Pub. L. 104-193, set out as a note under 
section 654 of Title 42.


                    Effective Date of 1994 Amendment

    Section 702(d) of Pub. L. 103-465 provided that: ``The amendments 
made by this section [amending this section, sections 3306 and 3402 of 
this title, and section 503 of Title 42, The Public Health and Welfare] 
shall apply to payments made after December 31, 1996.''


                    Effective Date of 1991 Amendment

    Section 302(b) of Pub. L. 102-164 provided that: ``The amendments 
made by this section [amending this section] section shall apply in the 
case of compensation paid for weeks beginning on or after the date of 
the enactment of this Act [Nov. 15, 1991].''


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and applicable 
beginning with fiscal year 1992, see section 161(a) of Pub. L. 101-649, 
set out as a note under section 1101 of Title 8, Aliens and Nationality.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-272 applicable to recoveries made on or 
after Apr. 7, 1986, and applicable with respect to overpayments made 
before, on, or after such date, see section 12401(c) of Pub. L. 99-272, 
set out as a note under section 503 of Title 42, The Public Health and 
Welfare.


                    Effective Date of 1983 Amendment

    Section 521(b) of Pub. L. 98-21 provided that:
    ``(1) Except as provided in paragraph (2), the amendments made by 
this section [amending this section] shall apply in the case of 
compensation paid for weeks beginning on or after April 1, 1984.
    ``(2) In the case of a State with respect to which the Secretary of 
Labor has determined that State legislation is required in order to 
comply with the amendment made by this section, the amendment made by 
this section shall apply in the case of compensation paid for weeks 
which begin on or after April 1, 1984, and after the end of the first 
session of the State legislature which begins after the date of the 
enactment of this Act [Apr. 20, 1983], or which began prior to the date 
of the enactment of this Act and remained in session for at least 
twenty-five calendar days after such date of enactment. For purposes of 
the preceding sentence, the term `session' means a regular, special, 
budget, or other session of a State legislature.''
    Section 523(c) of Pub. L. 98-21 provided that: ``The amendments made 
by this section [amending this section and section 503 of Title 42, The 
Public Health and Welfare] shall take effect on the date of the 
enactment of this Act [Apr. 20, 1983].''


                    Effective Date of 1982 Amendment

    Section 193(b) of Pub. L. 97-248, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(1) The amendment made by subsection (a) [amending this section] 
shall apply to weeks of unemployment beginning after the date of the 
enactment of this Act [Sept. 3, 1982].
    ``(2) The amendment made by subsection (a) [amending this section], 
insofar as it requires retroactive payments of compensation to employees 
of educational institutions other than institutions of higher education 
(as defined in section 3304(f) of the Internal Revenue Code of 1986 
[formerly I.R.C. 1954]), shall not be a requirement for any State law 
before January 1, 1984.''


                    Effective Date of 1980 Amendment

    Section 414(b) of Pub. L. 96-364 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply to certifications 
of States for 1981 and subsequent years.''


                    Effective Date of 1977 Amendments

    Section 403(d) of Pub. L. 95-216 provided that: ``The amendments 
made by this section [enacting section 611 of Title 42, The Public 
Health and Welfare, and amending this section and section 602 of Title 
42] shall be effective on the date of the enactment of this Act [Dec. 
20, 1977].''
    Section 2(b) of Pub. L. 95-171 provided that: ``The amendments made 
by subsection (a) [amending this section] shall apply with respect to 
weeks of unemployment which begin after December 31, 1977.''
    Section 302(d)(1) of Pub. L. 95-19 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect as if 
included in the amendment made by section 314 of the Unemployment 
Compensation Amendments of 1976.''
    Section 302(d)(3) of Pub. L. 95-19 provided that: ``The amendments 
made by subsection (c) [amending this section] shall take effect as if 
included in the amendments made by section 115(c) of the Unemployment 
Compensation Amendments of 1976.''


                    Effective Date of 1976 Amendments

    Section 115(d) of Pub. L. 94-566, as amended by Pub. L. 95-19, title 
III, Sec. 301(a), Apr. 12, 1977, 91 Stat. 43, effective Oct. 20, 1976, 
provided that:
    ``(1) Except as provided in paragraph (2), the amendments made by 
this section [amending this section and section 3309 of this title] 
shall apply with respect to certifications of States for 1978 and 
subsequent years; except that--
        ``(A) the amendments made by subsections (a) and (b) [amending 
    section 3309 of this title] shall only apply with respect to 
    services performed after December 31, 1977; and
        ``(B) the amendments made by subsection (c) [amending this 
    section and section 3309 of this title] shall only apply with 
    respect to weeks of unemployment which begin after December 31, 
    1977.
    ``(2) In the case of any State the legislature of which does not 
meet in a regular session which closes during the calendar year 1977, 
the amendments made by subsection (c) [amending this section and section 
3309 of this title] shall only apply with respect to weeks of 
unemployment which begin after December 31, 1978 (or if earlier, the 
date provided by State law).''
    Section 116(f) of Pub. L. 94-566, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``Effective dates.--
        ``(1) Subsections (a), (c) and (d).--The amendments made by 
    subsections (a), (c), and (d) [amending sections 202 and 205 of Pub. 
    L. 91-373 and section 102 of Pub. L. 93-57 set out below, section 
    49d of Title 29, Labor, and section 1301 of Title 42, The Public 
    Health and Welfare] shall take effect on the later of October 1, 
    1976, or the day after the day on which the Secretary of Labor 
    approves under section 3304(a) of the Internal Revenue Code of 1986 
    [formerly I.R.C. 1954] an unemployment compensation law submitted to 
    him by the Virgin Islands for approval.
        ``(2) Subsection (b).--The amendments made by subsection (b) 
    [amending section 3306 of this title] shall apply with respect to 
    remuneration paid after December 31 of the year in which the 
    Secretary of Labor approves for the first time an unemployment 
    compensation law submitted to him by the Virgin Islands for 
    approval, for services performed after such December 31.
        ``(3) Subsection (e).--The amendments made by subsection (e) 
    [amending sections 8501, 8503, 8504, 8521, and 8522 of Title 5, 
    Government Organization and Employees] shall apply with respect to 
    benefit years beginning on or after the later of October 1, 1976, or 
    the first day of the first week for which compensation becomes 
    payable under an unemployment compensation law of the Virgin Islands 
    which is approved by the Secretary of Labor under section 3304(a) of 
    the Internal Revenue Code of 1986.''
    Section 312(c) of Pub. L. 94-566, as amended by Pub. L. 95-19, title 
III, Sec. 301(b), Apr. 12, 1977, 91 Stat. 43, effective Oct. 20, 1976, 
provided that:
    ``(1) Except as provided in paragraph (2), the amendments made by 
this section [amending this section] shall apply with respect to 
certifications of States for 1978 and subsequent years.
    ``(2) In the case of any State the legislature of which does not 
meet in a regular session which closes during the calendar year 1977, 
the amendments made by this section [amending this section] shall apply 
with respect to the certification of such State for 1979 and subsequent 
years.''
    Section 314(b) of Pub. L. 94-566 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
certifications of States for 1978 and subsequent years, or for 1979 and 
subsequent years in the case of States the legislatures of which do not 
meet in a regular session which closes in the calendar year 1977.''
    Section 506(c) of Pub. L. 94-566, as amended by Pub. L. 95-19, title 
III, Sec. 301(c), Apr. 12, 1977, 91 Stat. 44, effective Oct. 20, 1976, 
provided that:
    ``(1) Except as provided in paragraph (2), the amendments made by 
this section [amending this section and section 3309 of this title] 
shall apply with respect to certifications of States for 1978 and 
subsequent years, but only with respect to services performed after 
December 31, 1977.
    ``(2) In the case of any State the legislature of which does not 
meet in a regular session which closes during the calendar year 1977, 
the amendments made by this section [amending this section and section 
3309 of this title] shall apply with respect to the certification of 
such State for 1979 and subsequent years, but only with respect to 
services performed after December 31, 1978.''
    [Section 301(d) of Pub. L. 95-19 provided that: ``The amendments 
made by this section [amending this Effective Date of 1976 Amendment 
note in three places] shall take effect on October 20, 1976.'']


                    Effective Date of 1970 Amendment

    Section 104(d) of Pub. L. 91-373, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(1) Subject to the provisions of paragraph (2), the amendments 
made by subsections (a) and (b) [amending this section and enacting 
section 3309 of this title] shall apply with respect to certifications 
of State laws for 1972 and subsequent years, but only with respect to 
service performed after December 31, 1971. The amendment made by 
subsection (c) [amending section 3303 of this title] shall take effect 
January 1, 1970.
    ``(2) Section 3304(a)(6) of the Internal Revenue Code of 1986 
[formerly I.R.C. 1954] (as added by subsection (a) of this section) 
shall not be a requirement for the State law of any State prior to July 
1, 1972, if the legislature of such State does not meet in a regular 
session which closes during the calendar year 1971.''
    Section 108(b) of Pub. L. 91-373, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to certification of State laws for 1972 and subsequent years; except 
that section 3304(a)(12) of the Internal Revenue Code of 1986 [formerly 
I.R.C. 1954] (as added by subsection (a)) shall not be a requirement for 
the State law of any State prior to July 1, 1972, if the legislature of 
such State does not meet in a regular session which closes during the 
calendar year 1971, or prior to January 1, 1975, if compliance with such 
requirement would necessitate a change in the constitution of such 
State.''
    Section 121(b) of Pub. L. 91-373, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(1) Subject to the provisions of paragraph (2), the amendments 
made by subsection (a) [amending this section] shall take effect January 
1, 1972, and shall apply to the taxable year 1972 and taxable years 
thereafter.
    ``(2) Paragraphs (7) through (10) of section 3304(a) of the Internal 
Revenue Code of 1986 [formerly I.R.C. 1954] (as added by subsection (a) 
of this section) shall not be requirements for the State law of any 
State prior to July 1, 1972, if the legislature of such State does not 
meet in a regular session which closes during the calendar year 1971.''
    Amendment by section 142(f)-(h) of Pub. L. 91-373 applicable with 
respect to taxable year 1972 and taxable years thereafter, see section 
142(i) of Pub. L. 91-373, set out as a note under section 3302 of this 
title.


    Profiling of New Claimants for Regular Unemployment Compensation

    Pub. L. 103-6, Sec. 4, Mar. 4, 1993, 107 Stat. 34, directed 
Secretary of Labor to establish program for encouraging adoption and 
implementation by all States of system of profiling all new claimants 
for regular unemployment compensation to determine which claimants might 
be likely to exhaust regular unemployment compensation and might need 
reemployment assistance services, directed Secretary to provide 
technical assistance and advice to States in development of model 
profiling systems and procedures for such systems and to provide to each 
State, from funds available for this purpose, such funds as determined 
necessary, and directed Secretary to report to Congress on operation and 
effectiveness of profiling systems adopted by States along with 
continuation and legislative recommendations, prior to repeal by Pub. L. 
103-152, Sec. 4(e), Nov. 24, 1993, 107 Stat. 1518.


               Treatment of Persian Gulf Crisis Reservists

    Section 104 of Pub. L. 102-318 provided that: ``If--
        ``(1) an individual who was a member of a reserve component of 
    the Armed Forces was called for active duty after August 2, 1990, 
    and before March 1, 1991,
        ``(2) such individual was receiving regular compensation, 
    extended compensation, or a trade readjustment allowance for the 
    week in which he was so called,
        ``(3) such individual served on such active duty for at least 90 
    consecutive days, and
        ``(4) such individual was entitled to regular compensation on 
    the basis of his services on such active duty, but the weekly 
    benefit amount was less than the benefit amount he received for the 
    week referred to in paragraph (2),
such individual's weekly benefit amount under the Emergency Unemployment 
Compensation Act of 1991 [see section 101(d) of Pub. L. 102-164, set out 
below] for any week beginning after the date of the enactment of this 
Act [July 3, 1992] shall be not less than the benefit amount he received 
for the week referred to in paragraph (2).''


     Study and Report by Federal Advisory Council on Suspension of 
           Eligibility Requirements for Unemployment Benefits

    Section 202(b)(2) of Pub. L. 102-318 directed Federal Advisory 
Council established under 42 U.S.C. 1108 to conduct a study of the 
provisions suspended by the amendment made by section 202(b)(1) of Pub. 
L. 102-318, enacting section 202(a)(7) of Pub. L. 91-373, set out below, 
and to submit, not later than Feb. 1, 1994, to Committee on Ways and 
Means of House of Representatives and Committee on Finance of Senate, a 
report of its recommendations on such suspended provisions.


 Information Required With Respect to Taxation of Unemployment Benefits

    Section 301 of Pub. L. 102-318 provided that:
    ``(a) Information on Unemployment Benefits.--
        ``(1) General rule.--The State agency in each State shall 
    provide to an individual filing a claim for compensation under the 
    State unemployment compensation law a written explanation of the 
    Federal and State income taxation of unemployment benefits and of 
    the requirements to make payments of estimated Federal and State 
    income taxes.
        ``(2) State agency.--For purposes of this subsection, the term 
    `State agency' has the meaning given such term by section 3306(e) of 
    the Internal Revenue Code of 1986.
    ``(b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1992.''


                   Emergency Unemployment Compensation

    Section 1 and titles I and II of Pub. L. 102-164, as amended by Pub. 
L. 102-182, Sec. 3(a)(1)-(6), Dec. 4, 1991, 105 Stat. 1234; Pub. L. 102-
244, Secs. 1(a), (b), 2, Feb. 7, 1992, 106 Stat. 3, 4; Pub. L. 102-318, 
title I, Secs. 101(a)-(d), 102(a), 103(a), 107, July 3, 1992, 106 Stat. 
290-293, 295; Pub. L. 103-6, Sec. 2(a)-(c), Mar. 4, 1993, 107 Stat. 33; 
Pub. L. 103-152, Secs. 2(a)-(d), 3(a), Nov. 24, 1993, 107 Stat. 1516, 
1517, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act [enacting sections 1095a and 1096a of Title 20, 
Education, amending this section and sections 3301 and 6654 of this 
title, section 8521 of Title 5, Government Organization and Employees, 
sections 1077, 1078, and 1092 of Title 20, and section 1108 of Title 42, 
The Public Health and Welfare, repealing section 1078-5 of Title 20, 
enacting provisions set out as notes under this section and sections 
6402 and 6654 of this title, section 8521 of Title 5, section 502 of 
Title 42, and section 352 of Title 45, Railroads, and amending 
provisions set out as a note under section 6402 of this title] may be 
cited as the `Emergency Unemployment Compensation Act of 1991'.

     ``TITLE I--EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM

``SEC. 101. FEDERAL-STATE AGREEMENTS.
    ``(a) In General.--Any State which desires to do so may enter into 
and participate in an agreement under this Act with the Secretary of 
Labor (hereafter in this Act referred to as the `Secretary'). Any State 
which is a party to an agreement under this Act may, upon providing 30 
days written notice to the Secretary, terminate such agreement.
    ``(b) Provisions of Agreement.--Any agreement under subsection (a) 
shall provide that the State agency of the State will make payments of 
emergency unemployment compensation--
        ``(1) to individuals who--
            ``(A) have exhausted all rights to regular compensation 
        under the State law,
            ``(B) have no rights to compensation (including both regular 
        compensation and extended compensation) with respect to a week 
        under such law or any other State unemployment compensation law 
        or to compensation under any other Federal law (and are not paid 
        or entitled to be paid any additional compensation under any 
        State or Federal law), and
            ``(C) are not receiving compensation with respect to such 
        week under the unemployment compensation law of Canada, and
        ``(2) for any week of unemployment which begins in the 
    individual's period of eligibility (as defined in section 
    106(a)(2)).
    ``(c) Exhaustion of Benefits.--For purposes of subsection (b)(1)(A), 
an individual shall be deemed to have exhausted such individual's rights 
to regular compensation under a State law when--
        ``(1) no payments of regular compensation can be made under such 
    law because such individual has received all regular compensation 
    available to such individual based on employment or wages during 
    such individual's base period, or
        ``(2) such individual's rights to such compensation have been 
    terminated by reason of the expiration of the benefit year with 
    respect to which such rights existed.
    ``(d) Weekly Benefit Amount.--For purposes of any agreement under 
this Act--
        ``(1) the amount of emergency unemployment compensation which 
    shall be payable to any individual for any week of total 
    unemployment shall be equal to the amount of the regular 
    compensation (including dependents' allowances) payable to such 
    individual during such individual's benefit year under the State law 
    for a week of total unemployment,
        ``(2) the terms and conditions of the State law which apply to 
    claims for extended compensation and to the payment thereof shall 
    apply to claims for emergency unemployment compensation and the 
    payment thereof, except where inconsistent with the provisions of 
    this Act or with the regulations or operating instructions of the 
    Secretary promulgated to carry out this Act, and
        ``(3) the maximum amount of emergency unemployment compensation 
    payable to any individual for whom an account is established under 
    section 102 shall not exceed the amount established in such account 
    for such individual.
    ``(e) Election by States; Weeks of Benefits During Phase-Out.--
        ``(1) Election by states.--Notwithstanding any other provision 
    of Federal law (and if State law permits), the Governor of a State 
    is authorized to and may elect to trigger off an extended 
    compensation period in order to provide payment of emergency 
    unemployment compensation to individuals who have exhausted their 
    rights to regular compensation under State law. The preceding 
    sentence shall not be applicable with respect to any extended 
    compensation period which begins after February 5, 1994, nor shall 
    the special rule in section 203(b)(1)(B) of the Federal-State 
    Extended Unemployment Compensation Act of 1970 [section 203(b)(1)(B) 
    of Pub. L. 91-373, set out below] (or the similar provision in any 
    State law) operate to preclude the beginning of an extended 
    compensation period after February 5, 1994, because of the ending of 
    an earlier extended compensation period under the preceding 
    sentence.
        ``(2) Weeks of benefits during phase-out.--Notwithstanding 
    subsection (b)(1)(B) or any other provision of law, whenever an 
    extended compensation period is beginning in a State after February 
    5, 1994, an individual, who is entitled to extended compensation in 
    the new extended compensation period (whether or not the individual 
    applies therefor) and also has remaining entitlement to emergency 
    unemployment compensation under this Act, shall be entitled to 
    compensation under the program in which the individual's monetary 
    entitlement (as of the beginning of the first week of the extended 
    compensation period) is the greater.
``SEC. 102. EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT.
    ``(a) In General.--Any agreement under this Act shall provide that 
the State will establish, for each eligible individual who files an 
application for emergency unemployment compensation, an emergency 
unemployment compensation account with respect to such individual's 
benefit year.
    ``(b) Amount in Account.--
        ``(1) In general.--The amount established in an account under 
    subsection (a) shall be equal to the lesser of--
            ``(A) 130 percent of the total amount of regular 
        compensation (including dependents' allowances) payable to the 
        individual with respect to the benefit year (as determined under 
        the State law) on the basis of which the individual most 
        recently received regular compensation, or
            ``(B) the applicable limit times the individual's average 
        weekly benefit amount for the benefit year.
        ``(2) Applicable limit.--For purposes of this section--
            ``(A) In general.--Except as otherwise provided in this 
        paragraph--
                ``(i) In general.--
          ``(I) In the case of weeks beginning during a high 
                unemployment period, the applicable limit is 33.
          ``(II) In the case of weeks not beginning in a high 
                unemployment period, the applicable limit is 26.
                ``(ii) Reduction for weeks after june 13, 1992.--In the 
            case of weeks beginning after June 13, 1992--
          ``(I) clause (i) of this subparagraph shall be applied by 
                substituting `26' for `33', and by substituting `20' for 
                `26', and
          ``(II) subparagraph (A) of paragraph (1) shall be applied by 
                substituting `100 percent' for `130 percent'.
                ``(iii) Reduction for weeks in 7-percent period.--In the 
            case of weeks beginning in a 7-percent period--
          ``(I) clause (ii) of this subparagraph shall not apply,
          ``(II) clause (i) of this subparagraph shall be applied by 
                substituting `15' for `33', and by substituting `10' for 
                `26', and
          ``(III) subparagraph (A) of paragraph (1) shall be applied by 
                substituting `60 percent' for `130 percent'.
                ``(iv) Reduction for weeks in 6.8-percent period.--In 
            the case of weeks beginning in a 6.8-percent period--
          ``(I) clauses (ii) and (iii) of this subparagraph shall not 
                apply,
          ``(II) clause (i) of this subparagraph shall be applied by 
                substituting `13' for `33', and by substituting `7' for 
                `26', and
          ``(III) subparagraph (A) of paragraph (1) shall be applied by 
                substituting `50 percent' for `130 percent'.
                ``(v) 7-percent period; 6.8-percent period.--For 
            purposes of this subparagraph--
          ``(I) A 7-percent period means a period which begins with the 
                second week after the first week for which the 
                requirements of subclause (II) are met and a 6.8 percent 
                period means a period which begins with the second week 
                after the first week for which the requirements of 
                subclause (III) are met.
          ``(II) The requirements of this subclause are met for any week 
                if the average rate of total unemployment (seasonally 
                adjusted) for all States for the period consisting of 
                the most recent 2-calendar month period (for which data 
                are published before the close of such week) is at least 
                6.8 percent, but less than 7 percent.
          ``(III) The requirements of this subclause are met for any 
                week if the average rate of total unemployment 
                (seasonally adjusted) for all States for the period 
                consisting of the most recent 2-calendar month period 
                (for which data are published before the close of such 
                week) is less than 6.8 percent.
          In no event shall a 7-percent period occur after a 6.8-percent 
            period occurs and a 6.8-percent period, once begun, shall 
            continue in effect for all weeks for which benefits are 
            provided under this Act.
                ``(vi) Reduction of weeks after october 2, 1993.--In the 
            case of weeks beginning after October 2, 1993--
          ``(I) clause (i) of this subparagraph shall be applied by 
                substituting `13' for `33' and by substituting `7' for 
                `26',
          ``(II) clauses (ii), (iii), (iv), and (v) of this subparagraph 
                shall not apply, and
          ``(III) subparagraph A of paragraph (1) shall be applied by 
                substituting `50 percent' for `130 percent'.
                ``(vii) Limitations on reductions.--In the case of an 
            individual who is receiving emergency unemployment 
            compensation for a week preceding the first week for which a 
            reduction applies under clause (ii), (iii), (iv), or (vi) of 
            this subparagraph, such reduction shall not apply to such 
            individual for the first week of such reduction or any week 
            thereafter for which the individual meets the eligibility 
            requirements of this Act.
            ``(B) Applicable limit not reduced.--Except as provided in 
        clauses (ii), (iii), (iv) and (vi) of subparagraph (A), an 
        individual's applicable limit for any week shall in no event be 
        less than the highest applicable limit in effect for any prior 
        week for which emergency unemployment compensation was payable 
        to the individual from the account involved.
            ``(C) Increase in applicable limit.--If the applicable limit 
        in effect for any week is higher than the applicable limit for 
        any prior week, the applicable limit shall be the higher 
        applicable limit, reduced (but not below zero) by the number of 
        prior weeks for which emergency unemployment compensation was 
        paid to the individual from the account involved.
        ``(3) Reduction for extended benefits.--The amount in an account 
    under paragraph (1) shall be reduced (but not below zero) by the 
    aggregate amount of extended compensation (if any) received by such 
    individual relating to the same benefit year under the Federal-State 
    Extended Unemployment Compensation Act of 1970 [Pub. L. 91-373, 
    title II, set out below].
        ``(4) Weekly benefit amount.--For purposes of this subsection, 
    an individual's weekly benefit amount for any week is the amount of 
    regular compensation (including dependents' allowances) under the 
    State law payable to such individual for such week for total 
    unemployment.
    ``(c) High Unemployment Period.--For purposes of this section--
        ``(1) In general.--The term `high unemployment period' means, 
    with respect to any State, the period which--
            ``(A) begins with the third week after the first week for 
        which the requirements of paragraph (2) are satisfied, and
            ``(B) ends with the third week after the first week for 
        which the requirements of paragraph (2) are not satisfied.
        ``(2) Requirements.--For purposes of paragraph (1), the 
    requirements of this paragraph are satisfied for any week if--
            ``(A) the adjusted rate of insured unemployment in the State 
        for the period consisting of such week and the immediately 
        preceding 12 weeks is at least 5 percent, or
            ``(B) the average rate of total unemployment in such State 
        for the period consisting of the most recent 6-calendar month 
        period (for which data are published before the close of such 
        week) is at least 9 percent.
    ``[(d) Repealed. Pub. L. 102-244, Sec. 1(b)(4), Feb. 7, 1992, 106 
Stat. 4.]
    ``(e) Special Rules.--
        ``(1) Minimum duration.--A high unemployment period shall last 
    for not less than 13 weeks.
        ``(2) Notification by secretary.--When a determination has been 
    made that a high unemployment period is beginning or ending with 
    respect to a State, the Secretary shall cause notice of such 
    determination to be published in the Federal Register.
    ``(f) Effective Date.--
        ``(1) In general.--Except as provided in paragraphs (2) and (3), 
    no emergency unemployment compensation shall be payable to any 
    individual under this Act for any week--
            ``(A) beginning before the later of--
                ``(i) November 17, 1991, or
                ``(ii) the first week following the week in which an 
            agreement under this Act is entered into, or
            ``(B) beginning after February 5, 1994.
        ``(2) Transition.--In the case of an individual who is receiving 
    emergency unemployment compensation for a week prior to or including 
    February 5, 1994, emergency unemployment compensation shall continue 
    to be payable to such individual for any week thereafter for which 
    the individual meets the eligibility requirements of this Act. No 
    compensation shall be payable by reason of the preceding sentence 
    for any week beginning after April 30, 1994.
        ``(3) Reachback provisions.--
            ``(A) In general.--If any individual has a benefit year 
        which ends after February 28, 1991, such individual shall be 
        entitled to emergency unemployment compensation under this Act 
        in the same manner as if such individual's benefit year ended no 
        earlier than the last day of the first week following November 
        16, 1991.
            ``(B) Limitation of benefits.--In the case of an individual 
        who has exhausted such individual's rights to both regular and 
        extended compensation, any emergency unemployment compensation 
        payable under subparagraph (A) shall be reduced in accordance 
        with subsection (b)(3).
    ``(g) Transitional Rules.--
        ``(1) In general.--For purposes of determining whether a high 
    unemployment period is in effect with respect to any State for the 
    1st week for which emergency unemployment compensation may be 
    payable under this title in such State, this Act shall be treated as 
    having been in effect for all weeks ending on or after October 19, 
    1991.
        ``(2) Special rules.--A high unemployment period shall begin in 
    any State with the 1st week for which emergency unemployment 
    compensation may be payable in such State under this title if, on 
    the basis of information submitted to the Committee on Ways and 
    Means of the House of Representatives by the Department of Labor on 
    November 7, 1991, the requirements of subsection (c)(2) are 
    satisfied by such State for the week which ends October 19, 1991.
``SEC. 103. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF 
        EMERGENCY UNEMPLOYMENT COMPENSATION.
    ``(a) General Rule.--There shall be paid to each State which has 
entered into an agreement under this Act an amount equal to 100 percent 
of the emergency unemployment compensation paid to individuals by the 
State pursuant to such agreement.
    ``(b) Treatment of Reimbursable Compensation.--No payment shall be 
made to any State under this section in respect of any compensation to 
the extent the State is entitled to reimbursement in respect of such 
compensation under the provisions of any Federal law other than this Act 
or chapter 85 of title 5, United States Code. A State shall not be 
entitled to any reimbursement under such chapter 85 in respect of any 
compensation to the extent the State is entitled to reimbursement under 
this Act in respect of such compensation.
    ``(c) Determination of Amount.--Sums payable to any State by reason 
of such State having an agreement under this Act shall be payable, 
either in advance or by way of reimbursement (as may be determined by 
the Secretary), in such amounts as the Secretary estimates the State 
will be entitled to receive under this Act for each calendar month, 
reduced or increased, as the case may be, by any amount by which the 
Secretary finds that the Secretary's estimates for any prior calendar 
month were greater or less than the amounts which should have been paid 
to the State. Such estimates may be made on the basis of such 
statistical, sampling, or other method as may be agreed upon by the 
Secretary and the State agency of the State involved.
``SEC. 104. FINANCING PROVISIONS.
    ``(a) In General.--Funds in the extended unemployment compensation 
account (as established by section 905 of the Social Security Act [42 
U.S.C. 1105]) of the Unemployment Trust Fund shall be used for the 
making of payments to States having agreements entered into under this 
Act.
    ``(b) Certification.--The Secretary shall from time to time certify 
to the Secretary of the Treasury for payment to each State the sums 
payable to such State under this Act. The Secretary of the Treasury, 
prior to audit or settlement by the General Accounting Office, shall 
make payments to the State in accordance with such certification, by 
transfers from the extended unemployment compensation account (as 
established by section 905 of the Social Security Act [42 U.S.C. 1105]) 
to the account of such State in the Unemployment Trust Fund.
    ``(c) Assistance to States.--There are hereby authorized to be 
appropriated, without fiscal year limitation, such funds as may be 
necessary for purposes of assisting States (as provided in title III of 
the Social Security Act [42 U.S.C. 501 et seq.]) in meeting the costs of 
administration of agreements under this Act.
    ``(d) Authorization of Appropriations for Certain Payments.--There 
are authorized to be appropriated from the general fund of the Treasury, 
without fiscal year limitation, to the extended unemployment 
compensation account (as established by section 905 of the Social 
Security Act [42 U.S.C. 1105]) such sums as the Secretary estimates to 
be necessary to make the payments under this section in respect of--
        ``(1) compensation payable under chapter 85 of title 5, United 
    States Code, and
        ``(2) compensation payable on the basis of services to which 
    section 3309(a)(1) of the Internal Revenue Code of 1986 applies.
Amounts appropriated pursuant to the preceding sentence shall not be 
required to be repaid.
    ``(e) Transfer of Funds.--Notwithstanding any other provision of 
law, the Secretary of the Treasury shall transfer from the general fund 
of the Treasury (from funds not otherwise appropriated)--
        ``(1) to the extended unemployment compensation account (as 
    established by section 905 of the Social Security Act [42 U.S.C. 
    1105]) such sums as are necessary to make payments to States under 
    this Act by reason of the amendments made by sections 101 and 102 of 
    the Unemployment Compensation Amendments of 1992 [sections 101 and 
    102 of Pub. L. 102-318, amending this Act], and
        ``(2) to the employment security administration account (as 
    established by section 901 of the Social Security Act [42 U.S.C. 
    1101]) such sums as may be necessary for purposes of assisting 
    States in meeting administrative costs by reason of the amendments 
    made by sections 101, 102, 201, and 202 of the Unemployment 
    Compensation Amendments of 1992 [sections 101, 102, 201, and 202 of 
    Pub. L. 102-318, amending this Act and Pub. L. 91-373, set out 
    below].
There is hereby appropriated from such accounts the sums referred to in 
the preceding sentence and such sums shall not be required to be repaid.
``SEC. 105. FRAUD AND OVERPAYMENTS.
    ``(a) In General.--If an individual knowingly has made, or caused to 
be made by another, a false statement or representation of a material 
fact, or knowingly has failed, or caused another to fail, to disclose a 
material fact, and as a result of such false statement or representation 
or of such nondisclosure such individual has received an amount of 
emergency unemployment compensation under this Act to which he was not 
entitled, such individual--
        ``(1) shall be ineligible for further emergency unemployment 
    compensation under this Act in accordance with the provisions of the 
    applicable State unemployment compensation law relating to fraud in 
    connection with a claim for unemployment compensation, and
        ``(2) shall be subject to prosecution under section 1001 of 
    title 18, United States Code.
    ``(b) Repayment.--In the case of individuals who have received 
amounts of emergency unemployment compensation under this Act to which 
they were not entitled, the State shall require such individuals to 
repay the amounts of such emergency unemployment compensation to the 
State agency, except that the State agency may waive such repayment if 
it determines that--
        ``(1) the payment of such emergency unemployment compensation 
    was without fault on the part of any such individual, and
        ``(2) such repayment would be contrary to equity and good 
    conscience.
    ``(c) Recovery by State Agency.--
        ``(1) In general.--The State agency may recover the amount to be 
    repaid, or any part thereof, by deductions from any emergency 
    unemployment compensation payable to such individual under this Act 
    or from any unemployment compensation payable to such individual 
    under any Federal unemployment compensation law administered by the 
    State agency or under any other Federal law administered by the 
    State agency which provides for the payment of any assistance or 
    allowance with respect to any week of unemployment, during the 3-
    year period after the date such individuals received the payment of 
    the emergency unemployment compensation to which they were not 
    entitled, except that no single deduction may exceed 50 percent of 
    the weekly benefit amount from which such deduction is made.
        ``(2) Opportunity for hearing.--No repayment shall be required, 
    and no deduction shall be made, until a determination has been made, 
    notice thereof and an opportunity for a fair hearing has been given 
    to the individual, and the determination has become final.
    ``(d) Review.--Any determination by a State agency under this 
section shall be subject to review in the same manner and to the same 
extent as determinations under the State unemployment compensation law, 
and only in that manner and to that extent.
``SEC. 106. DEFINITIONS.
    ``(a) In General.--For purposes of this Act:
        ``(1) In general.--The terms `compensation', `regular 
    compensation', `extended compensation', `additional compensation', 
    `benefit year', `base period', `State', `State agency', `State law', 
    and `week' have the respective meanings given such terms under 
    section 205 of the Federal-State Extended Unemployment Compensation 
    Act of 1970 [section 205 of Pub. L. 91-373, set out below].
        ``(2) Period of eligibility.--An individual's period of 
    eligibility consists of any week which begins on or after November 
    17, 1991, and which (except as provided in section 102(f)(2)) begins 
    before February 5, 1994; except that an individual shall not have 
    any period of eligibility unless his benefit year ends on or after 
    November 16, 1991.
        ``(3) Adjusted rate of insured unemployment.--The adjusted rate 
    of insured unemployment for any period shall be determined in the 
    same manner as the rate of insured unemployment is determined under 
    section 203 of the Federal-State Extended Unemployment Compensation 
    Act of 1970 [section 203 of Pub. L. 91-373, set out below]; except 
    that individuals exhausting their rights to regular compensation 
    during the most recent 3 calendar months for which data are 
    available before the close of the period for which such rate is 
    being determined shall be taken into account as if they were 
    individuals filing claims for regular compensation for each week 
    during the period for which such rate is being determined.
        ``(4) Rate of total unemployment.--The term `rate of total 
    unemployment' means, with respect to any period, the average 
    unadjusted total rate of unemployment (as determined by the 
    Secretary) for a State for such period.
    ``(b) Rounding.--For purposes of this Act, any rate determined under 
paragraph (3) or (4) of subsection (a) shall be rounded to the nearest 
1/10th of a percent.

    ``TITLE II--DEMONSTRATION PROGRAM TO PROVIDE JOB SEARCH 
                           ASSISTANCE

``SEC. 201. DEMONSTRATION PROGRAM TO PROVIDE JOB SEARCH ASSISTANCE.
    ``(a) General Rule.--The Secretary of Labor (hereafter in this title 
referred to as the `Secretary') shall carry out a demonstration program 
under this title for purposes of determining the feasibility of 
implementing job search assistance programs. To carry out such 
demonstration program, the Secretary shall enter into agreements with 3 
States which--
        ``(1) apply to participate in such program, and
        ``(2) demonstrate to the Secretary that they are capable of 
    implementing the provisions of an agreement under this section.
    ``(b) Selection of States.--
        ``(1) In general.--In determining whether to enter into an 
    agreement with a State under this section, the Secretary shall take 
    into consideration at least--
            ``(A) the size, geography, and occupational and industrial 
        composition of the State,
            ``(B) the adequacy of State resources to carry out a job 
        search assistance program,
            ``(C) the range and extent of specialized services to be 
        provided by the State to individuals covered by the agreement, 
        and
            ``(D) the design of the evaluation to be applied by the 
        State to the program.
        ``(2) Replication of prior demonstration project.--At least 1 of 
    the States selected by the Secretary under subsection (a) shall be a 
    State which has operated a successful demonstration project with 
    respect to job search assistance under a contract with the 
    Department of Labor. The demonstration program under this title of 
    any such State shall, at a minimum, replicate the project it 
    operated under such contract in the same geographic areas.
    ``(c) Provisions of Agreement.--Any agreement entered into with a 
State under this section shall--
        ``(1) provide that the State will implement a job search 
    assistance program during the 1-year period specified in such 
    agreement,
        ``(2) provide that such implementation will begin not later than 
    the date 18 months after the date of the enactment of this Act [Nov. 
    15, 1991],
        ``(3) contain such provisions as may be necessary to ensure an 
    accurate evaluation of the effectiveness of a job search assistance 
    program, including--
            ``(A) random selection of eligible individuals for 
        participation in the program and for inclusion in a control 
        group, and
            ``(B) collection of data on participants and members of a 
        control group as of the close of the 1-year period and 2-year 
        period after the operations of the program cease,
        ``(4) provide that not more than 5 percent of the claimants for 
    unemployment compensation under the State law shall be selected as 
    participants in the job search assistance program, and
        ``(5) contain such other provisions as the Secretary may 
    require.
``SEC. 202. JOB SEARCH ASSISTANCE PROGRAM.
    ``(a) General Rule.--For purposes of this title, a job search 
assistance program shall provide that--
        ``(1) eligible individuals who are selected to participate in 
    the program shall be required to participate in a qualified 
    intensive job search program after receiving compensation under such 
    State law during any benefit year for at least 6 but not more than 
    10 weeks,
        ``(2) every individual required to participate in a job search 
    program under paragraph (1) shall be entitled to receive an 
    intensive job search program voucher, and
        ``(3) any individual who is required under paragraph (1) to 
    participate in a qualified intensive job search program and who does 
    not satisfactorily participate in such program shall be disqualified 
    from receiving compensation under such State law for the period (of 
    not more than 10 weeks) specified in the agreement under section 
    201.
    ``(b) Eligible Individual.--For purposes of this title--
        ``(1) In general.--The term `eligible individual' means any 
    individual receiving compensation under the State law during any 
    benefit year if, during the 3-year period ending on the last day of 
    the base period for such benefit year, such individual had at least 
    126 weeks of employment at wages of $30 or more a week with such 
    individual's last employer in such base period (or, if data with 
    respect to weeks of employment with such last employer are not 
    available, an equivalent amount of employment computed under 
    regulations prescribed by the Secretary).
        ``(2) Exception.--Such term shall not include any individual 
    if--
            ``(A) such individual has a definite date for recall to his 
        former employment,
            ``(B) such individual seeks employment through a union hall 
        or similar arrangement, or
            ``(C) the State agency--
                ``(i) waives the requirements of subsection (a)(1) for 
            good cause shown by such individual, or
                ``(ii) determines that such participation would not be 
            appropriate for such individual.
    ``(c) Qualified Intensive Job Search Program.--For purposes of this 
section, the term `qualified intensive job search program' means any 
intensive job search assistance program which--
        ``(1) is approved by the State agency,
        ``(2) is provided by an organization qualified to provide job 
    search assistance programs under any other Federal law, and
        ``(3) includes--
            ``(A) all basic employment services, such as orientation, 
        testing, a job-search workshop, and an individual assessment and 
        counseling interview, and
            ``(B) additional services, such as ongoing contact with the 
        program staff, followup assistance, resource centers, and job 
        search materials and equipment.
    ``(d) Intensive Job Search Voucher.--For purposes of this section, 
the term `intensive job search voucher' means any voucher which entitles 
the organization (including the State employment service) providing the 
qualified intensive job search assistance program to a payment from the 
State agency equal to the lesser of--
        ``(1) the reasonable costs of providing such program, or
        ``(2) the average weekly benefit amount in the State.
``SEC. 203. ADMINISTRATIVE PROVISIONS.
    ``(a) Financing Provisions.--
        ``(1) Payments to states.--There shall be paid to each State 
    which enters into an agreement under section 201 an amount equal to 
    the lesser of the reasonable costs of operating the job search 
    assistance program pursuant to such agreement or the State's average 
    weekly benefit amount for each individual selected to participate in 
    the job search assistance program operated by such State pursuant to 
    such agreement. Funds in the extended unemployment compensation 
    account (as established by section 905 of the Social Security Act 
    [42 U.S.C. 1105]) shall be used for purposes of making such 
    payments.
        ``(2) Payments on calendar month basis.--There shall be paid to 
    each State either in advance or by way of reimbursement, as may be 
    determined by the Secretary, such sum as the Secretary estimates the 
    State will be entitled to receive under this subsection for each 
    calendar month, reduced or increased, as the case may be, by any sum 
    by which the Secretary finds that the Secretary's estimates for any 
    prior calendar month were greater or less than the amounts which 
    should have been paid to the State. Such estimates may be made on 
    the basis of such method as may be agreed upon by the Secretary and 
    the State agency.
        ``(3) Certification.--The Secretary shall from time to time 
    certify to the Secretary of the Treasury for payment to each State 
    the sums payable to such State under this subsection. The Secretary 
    of the Treasury, prior to audit or settlement by the General 
    Accounting Office, shall make payment to the State in accordance 
    with such certification, by transfers from the extended unemployment 
    compensation account (as established by section 905 of the Social 
    Security Act [42 U.S.C. 1105]) to the account of such State in the 
    Unemployment Trust Fund.
        ``(4) Special rule.--Notwithstanding any other provision of law, 
    amounts in the account of a State in the Unemployment Trust Fund may 
    be used for purposes of making payments pursuant to intensive job 
    search vouchers provided pursuant to an agreement under this title.
    ``(b) Reports to Congress.--
        ``(1) Interim reports.--The Secretary shall submit 2 interim 
    reports to the Congress on the effectiveness of the demonstration 
    program carried out under this title. The 1st such report shall be 
    submitted before the date 2 years after operations under the 
    demonstration program commenced and the 2d such report shall be 
    submitted before the date 4 years after such commencement.
        ``(2) Final report.--Not later than the date 5 years after the 
    commencement referred to in paragraph (1), the Secretary shall 
    submit a final report to the Congress on the demonstration program 
    carried out under this title. Such report shall include estimates of 
    program impact, such as--
            ``(A) changes in duration of unemployment, earnings, and 
        hours worked of participants,
            ``(B) changes in unemployment compensation outlays,
            ``(C) changes in unemployment taxes,
            ``(D) net effect on the Unemployment Trust Fund,
            ``(E) net effect on Federal unified budget deficit, and
            ``(F) net social benefits or costs of the program.
    ``(c) Definitions.--For purposes of this title, the terms 
`compensation', `benefit year', `State', `State agency', `State law', 
`base period', and `week' have the respective meanings given such terms 
by section 106.''
    [Section 2(e) of Pub. L. 103-152 provided that: ``The amendments 
made by this section [amending Pub. L. 102-164, set out above] shall 
apply to weeks of unemployment beginning after October 2, 1993.'']
    [Section 3(b) of Pub. L. 103-152 provided that: ``The repeal made by 
subsection (a) [amending Pub. L. 102-164, set out above] shall apply to 
weeks of unemployment beginning after the date of the enactment of this 
Act [Nov. 24, 1993]; except that such repeal shall not apply in 
determining eligibility for emergency unemployment compensation from an 
account established before October 2, 1993.'']
    [Section 9(a) of Pub. L. 103-152 provided that: ``Notwithstanding 
the provisions of section 3(b) of this Act [enacting provisions set out 
above], the repeal made by section 3(a) of this Act [amending Pub. L. 
102-164, set out above] shall apply to weeks of unemployment beginning 
after October 2, 1993, except that such repeal shall not apply in 
determining eligibility for emergency unemployment compensation from an 
account established before October 3, 1993.'']
    [Section 2(d) of Pub. L. 103-6 provided that: ``The amendments made 
by this section [amending Pub. L. 102-164, set out above] shall apply to 
weeks beginning after March 6, 1993.'']
    [Section 5 of Pub. L. 103-6 provided that:
    [``(a) Authorization.--There are authorized to be appropriated for 
nonrepayable advances to the account for `Advances to the Unemployment 
Trust Fund and Other Funds' in Department of Labor Appropriations Acts 
(for transfer to the `extended unemployment compensation account' 
established by section 905 of the Social Security Act [42 U.S.C. 1105]) 
such sums as may be necessary to make payments to the States to carry 
out the purposes of the amendments made by section 2 of this Act 
[amending Pub. L. 102-164, set out above].
    [``(b) Use of Advance Account Funds.--The funds appropriated to the 
account for `Advances to the Unemployment Trust Fund and Other Funds' in 
the Department of Labor Appropriation Act for Fiscal Year 1993 (Public 
Law 102-394) [106 Stat. 1794] are authorized to be used to make payments 
to the States to carry out the purposes of the amendments made by 
section 2 of this Act.'']
    [Section 6 of Pub. L. 103-6 provided that: ``Pursuant to sections 
251(b)(2)(D)(i) and 252(e) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 [2 U.S.C. 901(b)(2)(D)(i), 902(e)], the Congress 
hereby designates all direct spending amounts provided by this Act [see 
Short Title of 1993 Amendments note set out under section 1 of this 
title] (for all fiscal years) and all appropriations authorized by this 
Act (for all fiscal years) as emergency requirements within the meaning 
of part C of the Balanced Budget and Emergency Deficit Control Act of 
1985 [2 U.S.C. 900 et seq.].'']
    [Section 101(e) of Pub. L. 102-318 provided that: ``The amendments 
made by this section [amending Pub. L. 102-164, set out above] apply to 
weeks of unemployment beginning after June 13, 1992.'']
    [Section 102(b) of Pub. L. 102-318 provided that:
    [``(1) In general.--The amendment made by this section [amending 
Pub. L. 102-164, set out above] shall apply to weeks of unemployment 
beginning after the date of the enactment of this Act [July 3, 1992].
    [``(2) Transition rules.--
        [``(A) Waiver of recovery of certain overpayments.--On and after 
    the date of the enactment of this Act, no repayment of any emergency 
    unemployment compensation shall be required under section 105 of the 
    Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, 
    as amended) if the individual would have been entitled to receive 
    such compensation had the amendment made by subsection (a) applied 
    to all weeks beginning on or before the date of the enactment of 
    this Act.
        [``(B) Waiver of rights to certain regular benefits.--If--
            [``(i) before the date of the enactment of this Act, an 
        individual exhausted his rights to regular compensation for any 
        benefit year, and
            [``(ii) after such exhaustion, such individual was not 
        eligible to receive emergency unemployment compensation by 
        reason of being entitled to regular compensation for a 
        subsequent benefit year,
    such individual may elect to defer his rights to regular 
    compensation for such subsequent benefit year with respect to weeks 
    beginning after such date of enactment until such individual has 
    exhausted his rights to emergency unemployment compensation in 
    respect of the benefit year referred to in clause (i), and such 
    individual shall be entitled to receive emergency unemployment 
    compensation for such weeks in the same manner as if he had not been 
    entitled to the regular compensation to which the election 
    applies.'']
    [Section 103(b) of Pub. L. 102-318 provided that: ``The amendment 
made by subsection (a) [amending Pub. L. 102-164, set out above] shall 
take effect on the date of the enactment of this Act [July 3, 1992].'']
    [Section 1(c) of Pub. L. 102-244 provided that: ``The amendments 
made by this section [amending Pub. L. 102-164, set out above] shall 
apply to weeks of unemployment beginning after the date of the enactment 
of this Act [Feb. 7, 1992].'']
    [Section 3(b) of Pub. L. 102-182 provided that: ``The amendments 
made by this section [amending Pub. L. 102-164, set out above, and 
provisions set out as a note under section 352 of Title 45, Railroads] 
shall apply as if included in the provisions of and the amendments made 
by the `Emergency Unemployment Compensation Act of 1991 [Pub. L. 102-
164, see section 1 set out above].' '']
    [Pub. L. 102-107, Aug. 17, 1991, 105 Stat. 541, which enacted the 
``Emergency Unemployment Compensation Act of 1991'' containing 
provisions similar to those enacted by Pub. L. 102-164, set out above, 
did not become effective pursuant to section 10(b) of Pub. L. 102-207, 
which required certain action to have been taken by the President.]


    Determination of Amount of Federal Share With Respect to Certain 
                       Extended Benefits Payments

    Pub. L. 100-203, title IX, Sec. 9151, Dec. 22, 1987, 101 Stat. 1330-
322, provided that: ``For the purpose of determining the amount of the 
Federal payment to any State under section 204(a)(1) of the Federal-
State Extended Unemployment Compensation Act of 1970 [section 204(a)(1) 
of Pub. L. 91-373, set out below] with respect to the implementation of 
paragraph (3) of section 202(a) of such Act [section 202(a) of Pub. L. 
91-373, set out below] (as added by section 1024(a) of the Omnibus 
Reconciliation Act of 1980 [Pub. L. 96-499]), such paragraph shall be 
considered to apply only with respect to weeks of unemployment beginning 
after October 31, 1981, except that for any State in which the State 
legislature did not meet in 1981, it shall be considered to apply for 
such purpose only with respect to weeks of unemployment beginning after 
October 31, 1982.''


Demonstration Program To Provide Self-Employment Allowances for Eligible 
                               Individuals

    Pub. L. 100-203, title IX, Sec. 9152, Dec. 22, 1987, 101 Stat. 1330-
322, as amended by Pub. L. 100-647, title VIII, Sec. 8301, Nov. 10, 
1988, 102 Stat. 3798, provided that:
    ``(a) In General.--The Secretary of Labor (hereinafter in this 
section referred to as the `Secretary') shall carry out a demonstration 
program under this section for the purpose of making available self-
employment allowances to eligible individuals. To carry out such 
program, the Secretary shall enter into agreements with three States 
that--
        ``(1) apply to participate in such program, and
        ``(2) demonstrate to the Secretary that they are capable of 
    implementing the provisions of the agreement.
    ``(b) Selection of States.--(1) In determining whether to enter into 
an agreement with a State under this section, the Secretary shall take 
into consideration at least--
        ``(A) the availability and quality of technical assistance 
    currently provided by agencies of the State to the self-employed;
        ``(B) existing local market conditions and the business climate 
    for new, small business enterprises in the State;
        ``(C) the adequacy of State resources to carry out a regular 
    unemployment compensation program and a program under this section;
        ``(D) the range and extent of specialized services to be 
    provided by the State to individuals covered by such an agreement;
        ``(E) the design of the evaluation to be applied by the State to 
    the program; and
        ``(F) the standards which are to be utilized by the State for 
    the purpose of assuring that individuals who will receive self-
    employment assistance under this section will have sufficient 
    experience (or training) and ability to be self employed.
    ``(2) The Secretary may not enter into an agreement with any State 
under this section unless the Secretary makes a determination that the 
State's unemployment compensation program has adequate reserves.
    ``(c) Provisions of Agreements.--Any agreement entered into with a 
State under this section shall provide that--
        ``(1) each individual who is an eligible individual with respect 
    to any benefit year beginning during the three-year period 
    commencing on the date on which such agreement is entered into shall 
    receive a self-employment allowance;
        ``(2) self-employment allowances made to any individual under 
    this section shall be made in the same amount, on the same terms, 
    and subject to the same conditions as regular or extended 
    unemployment compensation, as the case may be, paid by such State; 
    except that--
            ``(A) State and Federal requirements relating to 
        availability for work, active search for work, or refusal to 
        accept suitable work shall not apply to such individual; and
            ``(B) such individual shall be considered to be unemployed 
        for purposes of the State and Federal laws applicable to 
        unemployment compensation, as long as the individual meets the 
        requirements applicable under this section to such individual;
        ``(3) to the extent that such allowances are made to an 
    individual under this section, an amount equal to the amount of such 
    allowances shall be charged against the amount that may be paid to 
    such individual under State law for regular or extended unemployment 
    compensation, as the case may be;
        ``(4) the total amount paid to an individual with respect to any 
    benefit year under this section may not exceed the total amount that 
    could be paid to such individual for regular or extended 
    unemployment compensation, as the case may be, with respect to such 
    benefit year under State law;
        ``(5) the State shall implement a program that--
            ``(A) is approved by the Secretary;
            ``(B) will not result in any cost to the Unemployment Trust 
        Fund established by section 904(a) of the Social Security Act 
        [42 U.S.C. 1104(a)] in excess of the cost which would have been 
        incurred by such State and charged to such Fund if the State had 
        not participated in the demonstration program under this 
        section;
            ``(C) is designed to select and assist individuals for self-
        employment allowances, monitor the individual's self-employment, 
        and provide, as described in subsection (d), to the Secretary a 
        complete evaluation of the use of such allowances; and
            ``(D) otherwise meets the requirements of this section; and
        ``(6) the State, from its general revenue funds, shall--
            ``(A) repay to the Unemployment Trust Fund any cost incurred 
        by the State and charged to the Fund which exceeds the cost 
        which would have been incurred by such State and charged to such 
        Fund if the State had not participated in the demonstration 
        program under this section; and
            ``(B) in any case in which any excess cost described in 
        subparagraph (A) is not repaid in the fiscal year in which it 
        was charged to the Fund, pay to the Fund an amount of interest, 
        on the outstanding balance of such excess cost, which is 
        sufficient (when combined with any repayment by the State 
        described in subparagraph (A)) to reimburse the Fund for any 
        loss which would not have been incurred if such excess cost had 
        not been incurred.
    ``(d) Evaluation.--(1) Each State that enters into an agreement 
under this section shall carry out an evaluation of its activities under 
this section. Such evaluation shall be based on an experimental design 
with random assignment between a treatment group and a control group 
with not more than one-half of the individuals receiving assistance at 
any one time being assigned to the treatment group.
    ``(2) The Secretary shall use the data provided from such evaluation 
to analyze the benefits and the costs of the program carried out under 
this section, to formulate the reports under subsection (g), and to 
estimate any excess costs described in subsection (c)(6)(A).
    ``(e) Financing.--(1) Notwithstanding section 303(a)(5) of the 
Social Security Act [42 U.S.C. 503(a)(5)] and section 3304(a)(4) of the 
Internal Revenue Code of 1986, amounts in the unemployment fund of a 
State may be used by a State to make payments (exclusive of expenses of 
administration) for self-employment allowances made under this section 
to an individual who is receiving them in lieu of regular unemployment 
compensation.
    ``(2) In any case in which a self-employment allowance is made under 
this section to an individual in lieu of extended unemployment 
compensation under the Federal-State Extended Unemployment Compensation 
Act of 1970 [Pub. L. 91-373, title II, set out below], payments made 
under this section for self-employment allowances shall be considered to 
be compensation described in section 204(a)(1) of such Act and paid 
under State law.
    ``(f) Limitation.--No funds made available to a State under title 
III of the Social Security Act [42 U.S.C. 501 et seq.] or any other 
Federal law may be used for the purpose of administering the program 
carried out by such State under this section.
    ``(g) Report to Congress.--(1) Not later than three years after the 
date of the enactment of this Act [Dec. 22, 1987], the Secretary shall 
submit an interim report to the Congress on the effectiveness of the 
demonstration program carried out under this section. Such report shall 
include--
        ``(A) information on the extent to which this section has been 
    utilized;
        ``(B) an analysis of any barriers to such utilization; and
        ``(C) an analysis of the feasibility of extending the provisions 
    of this section to individuals not covered by State unemployment 
    compensation laws.
    ``(2) Not later than six years after the date of the enactment of 
this Act [Dec. 22, 1987], the Secretary shall submit a final report to 
the Congress on such program.
    ``(h) Fraud and Overpayments.--(1) If an individual knowingly has 
made, or caused to be made by another, a false statement or 
representation of a material fact, or knowingly has failed, or caused 
another to fail, to disclose a material fact, and as a result of such 
false statement or representation or of such nondisclosure such 
individual has received payment under this section to which he was not 
entitled, such individual shall be--
        ``(A) ineligible for further assistance under this section; and
        ``(B) subject to prosecution under section 1001 of title 18, 
    United States Code.
    ``(2)(A) If any person received any payment under this section to 
which such person was not entitled, the State is authorized to require 
such person to repay such assistance; except that the State agency may 
waive such repayment if it determines that--
        ``(i) the providing of such assistance or making of such payment 
    was without fault on the part of such person; and
        ``(ii) such repayment would be contrary to equity and good 
    conscience.
    ``(B) No repayment shall be required under subparagraph (A) until a 
determination has been made, notice thereof and an opportunity for a 
fair hearing has been given to the person, and the determination has 
become final. Any determination under such subparagraph shall be subject 
to review in the same manner and to the same extent as determinations 
under the State unemployment compensation law, and only in that manner 
and to that extent.
    ``(i) Definitions.--For purposes of this section--
        ``(1) the term `eligible individual' means, with respect to any 
    benefit year, an individual who--
            ``(A) is eligible to receive regular or extended 
        compensation under the State law during such benefit year;
            ``(B) is likely to receive unemployment compensation for the 
        maximum number of weeks that such compensation is made available 
        under the State law during such benefit year;
            ``(C) submits an application to the State agency for a self-
        employment allowance under this section; and
            ``(D) meets applicable State requirements,
    except that not more than (i) 3 percent of the number of individuals 
    eligible to receive regular compensation in a State at the beginning 
    of a fiscal year, or (ii) the number of persons who exhausted their 
    unemployment compensation benefits in the fiscal year ending before 
    such fiscal year, whichever is lesser, may be considered as eligible 
    individuals for such State for purposes of this section during such 
    fiscal year;
        ``(2) the term `self-employment allowance' means compensation 
    paid under this section for the purpose of assisting an eligible 
    individual with such individual's self-employment; and
        ``(3) the terms `compensation', `extended compensation', 
    `regular compensation', `benefit year', `State', and `State law', 
    have the respective meanings given to such terms by section 205 of 
    the Federal-State Extended Unemployment Compensation Act of 1970 
    [Pub. L. 91-373, set out below].''


     Supplemental Unemployment Compensation for Certain Individuals

    Section 12402 of Pub. L. 99-272 provided that:
    ``(a) In General.--If--
        ``(1) an individual was receiving Federal supplemental 
    compensation for the week which includes March 31, 1985, or a series 
    of consecutive weeks which began with such week, and
        ``(2) such individual did not meet the consecutive-week 
    eligibility requirements of the Federal Supplemental Compensation 
    Act of 1982 [subtitle A (Secs. 601-606) of title VI of Pub. L. 97-
    248, set out below] during any period of 1 or more subsequent weeks 
    by reason of performing temporary disaster services described in 
    subsection (e),
weeks in such period shall be disregarded for purposes of the 
consecutive-week requirement of section 602(f)(2)(B) of such Act 
[section 602(f)(2)(B) of Pub. L. 97-248, set out below], and, 
notwithstanding the requirements of State law relating to the 
availability for work, the active search for work, or the refusal to 
accept work, such individual shall be entitled to payment of Federal 
supplemental compensation for each week of unemployment which is 
described in subsection (b) and for which a certification of 
unemployment is made by such individual in accordance with subsection 
(c).
    ``(b) Weeks for Which Payment Shall Be Made.--A week of unemployment 
for which payment shall be made under subsection (a) is a week which 
occurred during the period which commences with the first week beginning 
after the close of the period described in subsection (a)(2) and ends 
with the beginning of the first week in which the individual was 
employed after the close of such period.
    ``(c) Certification.--The certification of unemployment referred to 
in subsection (a) shall be a certification--
        ``(1) that is made on a form provided by the State agency 
    concerned and signed by the individual; and
        ``(2) that identifies the weeks of unemployment for which the 
    individual is making the certification.
    ``(d) Limitation on Amount of Payment.--In no case may the total 
amount paid to an individual under subsection (a) exceed the amount 
remaining in the account established for such individual under section 
602(e) of the Federal Supplemental Compensation Act of 1982 [section 
602(e) of Pub. L. 97-248, set out below] after payments were made from 
such account for weeks of unemployment beginning before the period 
described in subsection (a)(2).
    ``(e) Definition.--For purposes of subsection (a), the term 
`temporary disaster services' means services performed as a member of 
the National Guard after being called up by the Governor of a State to 
perform services related to a major disaster that was declared on June 
3, 1985, by the President of the United States under the Disaster Relief 
Act of 1974 [42 U.S.C. 5121 et seq.].
    ``(f) Modification of Agreement.--(1) The Secretary of Labor shall, 
at the earliest possible date after the date of the enactment of this 
Act [Apr. 7, 1986], propose to any State concerned a modification of the 
agreement that the Secretary has with such State under section 602 of 
the Federal Supplemental Compensation Act of 1982 [section 602 of Pub. 
L. 97-248, set out below] in order to carry out this section.
    ``(2) Pending modification of the agreement, the State may make 
payment in accordance with the provisions of this section and shall be 
reimbursed in accordance with the provisions of section 604(a) of the 
Federal Supplemental Compensation Act of 1982 [section 604(a) of Pub. L. 
97-248, set out below]. For purposes of carrying out this paragraph, the 
term `this subtitle' in such section 604(a) shall include this section.
    ``(g) Effective Date.--The provisions of this section shall apply to 
weeks beginning after March 31, 1985.''


Amortization Payments for States With Independent Retirement Plans From 
Funds for Increased Costs of Administration of Unemployment Compensation 
       Laws; Changes in State Laws; Increased Claims; Salary Costs

    Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 344, 
provided that: ``Whenever funds are made available, now or hereafter, in 
this or any other Act for the administration of unemployment 
compensation laws to meet increased costs of administration resulting 
from changes in a State law or increases in the number of unemployment 
insurance claims filed and claims paid or increased salary costs 
resulting from changes in State salary compensation plans embracing 
employees of the State generally over those upon which the State's basic 
allocation was based, which cannot be provided for by normal budgetary 
adjustment, amortization payments for States which had independent 
retirement plans prior to 1980 in their State Employment Security 
Agencies and States agencies administering the State's unemployment 
compensation law may be paid from such funds.''


    Arrangements To Prevent Payments of Unemployment Compensation to 
                         Retirees and Prisoners

    Pub. L. 98-135, title II, Sec. 206, Oct. 24, 1983, 97 Stat. 861, 
provided that:
    ``(a) The Secretary of Labor, the Director of the Office of 
Personnel Management, and the Attorney General are directed to enter 
into arrangements to make available to the States, computer or other 
data regarding current and retired Federal employees and Federal 
prisoners so that States may review the eligibility of these individuals 
for unemployment compensation, and take action where appropriate.
    ``(b) The Secretary of Labor shall report to the Congress, prior to 
January 31, 1984, on arrangements which have been entered into under 
subsection (a), and any arrangements which could be entered into with 
other appropriate State agencies, for the purpose of ensuring that 
unemployment compensation is not paid to retired individuals or 
prisoners in violation of law. The report shall include any 
recommendations for further legislation which might be necessary to aid 
in preventing such payments.''


                         Short-Time Compensation

    Section 401(b)-(d) of Pub. L. 102-318 provided that:
    ``(b) Assistance in Implementing Programs.--In order to assist 
States in establishing and implementing short-time compensation 
programs--
        ``(1) the Secretary of Labor (hereinafter in this section 
    referred to as the `Secretary') shall develop model legislative 
    language which may be used by States in developing and enacting 
    short-time compensation programs and shall propose such revisions of 
    such legislative language as may be appropriate, and
        ``(2) the Secretary shall provide technical assistance and 
    guidance in developing, enacting, and implementing such programs.
The initial model legislative language referred to in paragraph (1) 
shall be developed not later than January 1, 1993.
    ``(c) Reports.--
        ``(1) Initial report.--Not later than January 1, 1995, the 
    Secretary shall submit to the Congress a report on the 
    implementation of this section. Such report shall include an 
    evaluation of short-time compensation programs and shall contain 
    such recommendations as the Secretary may deem advisable.
        ``(2) Subsequent reports.--After the submission of the report 
    under paragraph (1), the Secretary shall submit such additional 
    reports on the implementation of short-time compensation programs as 
    the Secretary deems appropriate.
    ``(d) Definitions.--For purposes of this section [amending this 
section, section 3306 of this title, and section 503 of Title 42, The 
Public Health and Welfare]--
        ``(1) Short-time compensation program.--The term `short-time 
    compensation program' means a program under which--
            ``(A) individuals whose workweeks have been reduced by at 
        least 10 percent are eligible for unemployment compensation;
            ``(B) the amount of unemployment compensation payable to any 
        such individual is a pro rata portion of the unemployment 
        compensation which would be payable to the individual if the 
        individual were totally unemployed;
            ``(C) eligible employees are not required to meet the 
        availability for work or work search test requirements while 
        collecting short-time compensation benefits, but are required to 
        be available for their normal workweek;
            ``(D) eligible employees may participate in an employer-
        sponsored training program to enhance job skills if such program 
        has been approved by the State agency; and
            ``(E) there is a reduction in the number of hours worked by 
        employees in lieu of imposing temporary layoffs.
        ``(2) State.--The term `State' includes the District of 
    Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.''
    Section 194 of Pub. L. 97-248 provided that:
    ``(a) It is the purpose of this section to assist States which 
provide partial unemployment benefits to individuals whose workweeks are 
reduced pursuant to an employer plan under which such reductions are 
made in lieu of temporary layoffs.
    ``(b)(1) The Secretary of Labor (hereinafter in this section 
referred to as the `Secretary') shall develop model legislative language 
which may be used by States in developing and enacting short-time 
compensation programs, and shall provide technical assistance to States 
to assist in developing, enacting, and implementing such short-time 
compensation program.
    ``(2) The Secretary shall conduct a study or studies for purposes of 
evaluating the operation, costs, effect on the State insured rate of 
unemployment, and other effects of State short-time compensation 
programs developed pursuant to this section.
    ``(3) This section shall be a three-year experimental provision, and 
the provisions of this section regarding guidelines shall terminate 3 
years following the date of the enactment of this Act [Sept. 3, 1982].
    ``(4) States are encouraged to experiment in carrying out the 
purpose and intent of this section. However, to assure minimum 
uniformity, States are encouraged to consider requiring the provisions 
contained in subsections (c) and (d).
    ``(c) For purposes of this section, the term `short-time 
compensation program' means a program under which--
        ``(1) individuals whose workweeks have been reduced pursuant to 
    a qualified employer plan by at least 10 per centum will be eligible 
    for unemployment compensation;
        ``(2) the amount of unemployment compensation payable to any 
    such individual shall be a pro rata portion of the unemployment 
    compensation which would be payable to the individual if the 
    individual were totally unemployed;
        ``(3) eligible employees may be eligible for short-time 
    compensation or regular unemployment compensation, as needed; except 
    that no employee shall be eligible for more than the maximum 
    entitlement during any benefit year to which he or she would have 
    been entitled for total unemployment, and no employee shall be 
    eligible for short-time compensation for more than twenty-six weeks 
    in any twelve-month period; and
        ``(4) eligible employees will not be expected to meet the 
    availability for work or work search test requirements while 
    collecting short-time compensation benefits, but shall be available 
    for their normal workweek.
    ``(d) For purposes of subsection (c), the term `qualified employer 
plan' means a plan of an employer or of an employers' association which 
association is party to a collective bargaining agreement (hereinafter 
referred to as `employers' association') under which there is a 
reduction in the number of hours worked by employees rather than 
temporary layoffs if--
        ``(1) the employer's or employers' association's short-time 
    compensation plan is approved by the State agency;
        ``(2) the employer or employers' association certifies to the 
    State agency that the aggregate reduction in work hours pursuant to 
    such plan is in lieu of temporary layoffs which would have affected 
    at least 10 per centum of the employees in the unit or units to 
    which the plan would apply and which would have resulted in an 
    equivalent reduction of work hours;
        ``(3) during the previous four months the work force in the 
    affected unit or units has not been reduced by temporary layoffs of 
    more than 10 per centum;
        ``(4) the employer continues to provide health benefits, and 
    retirement benefits under defined benefit pension plans (as defined 
    in section 3(35) of the Employee Requirement Income Security Act of 
    1974 [29 U.S.C. 1002(35)], to employees whose workweek is reduced 
    under such plan as though their workweek had not been reduced; and
        ``(5) in the case of employees represented by an exclusive 
    bargaining representative, that representative has consented to the 
    plan.
The State agency shall review at least annually any qualified employer 
plan put into effect to assure that it continues to meet the 
requirements of this subsection and of any applicable State law.
    ``(e) Short-time compensation shall be charged in a manner 
consistent with the State law.
    ``(f) For purposes of this section, the term `State' includes the 
District of Columbia, the Commonwealth of Puerto Rico, and the Virgin 
Islands.
    ``(g)(1) The Secretary shall conduct a study or studies of State 
short-time compensation programs consulting with employee and employer 
representatives in developing criteria and guidelines to measure the 
following factors:
        ``(A) the impact of the program upon the unemployment trust 
    fund, and a comparison with the estimated impact on the fund of 
    layoffs which would have occurred but for the existence of the 
    program;
        ``(B) the extent to which the program has protected and 
    preserved the jobs of workers, with special emphasis on newly hired 
    employees, minorities, and women;
        ``(C) the extent to which layoffs occur in the unit subsequent 
    to initiation of the program and the impact of the program upon the 
    entitlement to unemployment compensation of the employees;
        ``(D) where feasible, the effect of varying methods of 
    administration;
        ``(E) the effect of short-time compensation on employers' State 
    unemployment tax rates, including both users and nonusers of short-
    time compensation, on a State-by-State basis;
        ``(F) the effect of various State laws and practices under those 
    laws on the retirement and health benefits of employees who are on 
    short-time compensation programs;
        ``(G) a comparison of costs and benefits to employees, 
    employers, and communities from use of short-time compensation and 
    layoffs;
        ``(H) the cost of administration of the short-time compensation 
    program; and
        ``(I) such other factors as may be appropriate.
    ``(2) Not later than October 1, 1985, the Secretary shall submit to 
the Congress and to the President a final report on the implementation 
of this section. Such report shall contain an evaluation of short-time 
compensation programs and shall contain such recommendations as the 
Secretary deems advisable, including recommendations as to necessary 
changes in the Statistical practices of the Department of Labor.''


              Federal Supplemental Compensation Act of 1982

    Subtitle A (Secs. 601-606) of title VI of Pub. L. 97-248, as amended 
by Pub. L. 97-424, title V, Sec. 544(a), (d), Jan. 6, 1983, 96 Stat. 
2196; Pub. L. 97-448, title III, Sec. 310(a), Jan. 12, 1983, 96 Stat. 
2411; Pub. L. 98-21, title V, Secs. 501, 502, 504, 505, Apr. 20, 1983, 
97 Stat. 141, 144; Pub. L. 98-92, Sec. 1(a), Sept. 2, 1983, 97 Stat. 
608; Pub. L. 98-118, Sec. 1, Oct. 11, 1983, 97 Stat. 803; Pub. L. 98-
135, title I, Secs. 101, 102, Oct. 24, 1983, 97 Stat. 857; Pub. L. 99-
15, Sec. 1(a), (b), Apr. 4, 1985, 99 Stat. 37, provided that:


                              ``short title

    ``Sec. 601. This subtitle may be cited as the `Federal Supplemental 
Compensation Act of 1982'.


                       ``federal-state agreements

    ``Sec. 602. (a) Any State which desires to do so may enter into and 
participate in an agreement with the Secretary of Labor (hereinafter in 
this title referred to as the `Secretary') under this subtitle. Any 
State which is a party to an agreement under this subtitle may, upon 
providing thirty days' written notice to the Secretary, terminate such 
agreement.
    ``(b) Any such agreement shall provide that the State agency of the 
State will make payments of Federal supplemental compensation--
        ``(1) to individiuals [sic] who--
            ``(A) have exhausted all rights to regular compensation 
        under the State law;
            ``(B) have no rights to compensation (including both regular 
        compensation and extended compensation) with respect to a week 
        under such law or any other State unemployment compensation law 
        or to compensation under any other Federal law (and is not paid 
        or entitled to be paid any additional compensation under any 
        such State or Federal law); and
            ``(C) are not receiving compensation with respect to such 
        week under the unemployment compensation law of Canada;
        ``(2) for any week of unemployment which begins in the 
    individual's period of eligibility,
except that no payment of Federal supplemental compensation shall be 
made to any individual for any week of unemployment which begins more 
than two years after the end of the benefit year for which he exhausted 
his rights to regular compensation.
    ``(c) For purposes of subsection (b)(1)(A), an individual shall be 
deemed to have exhausted his rights to regular compensation under a 
State law when--
        ``(A) no payments of regular compensation can be made under such 
    law because such individual has received all regular compensation 
    available to him based on employment or wages during his base 
    period; or
        ``(B) his rights to such compensation have been terminated by 
    reason of the expiration of the benefit year with respect to which 
    such rights existed.
    ``(d) For purposes of any agreement under this subtitle--
        ``(1) the amount of the Federal supplemental compensation which 
    shall be payable to any individual for any week of total 
    unemployment shall be equal to the amount of the regular 
    compensation (including dependents' allowances) payable to him 
    during his benefit year under the State law for a week of total 
    unemployment;
        ``(2) the terms and conditions of the State law which apply to 
    claims for extended compensation and to the payment thereof shall 
    apply to claims for Federal supplemental compensation and the 
    payment thereof; except where inconsistent with the provisions of 
    this subtitle or with the regulations of the Secretary promulgated 
    to carry out this subtitle; and
        ``(3) the maximum amount of Federal supplemental compensation 
    payable to any individual for whom an account is established under 
    subsection (e) shall not exceed the lesser of (A) the amount 
    established in such account for such individual, or (B) in the case 
    of an individual filing a claim under the interstate benefit payment 
    plan for Federal supplemental compensation, the amount which would 
    have been established in such account if the amount established in 
    such account were determined by reference to the applicable limit 
    under subparagraph (A)(ii) of subsection (e)(2) applicable in the 
    State in which the individual is filing such interstate claim under 
    the interstate benefit payment plan for the week in which he is 
    filing such claim.
Solely for purposes of paragraph (2), the amendment made by section 
2404(a) of the Omnibus Budget Reconciliation Act of 1981 [section 
2404(a) of Pub. L. 97-35, enacting par. (5) of section 202(a) of Pub. L. 
91-373, set out below] shall be deemed to be in effect for all weeks 
beginning on or after September 12, 1982.
    ``(e)(1) Any agreement under this subtitle with a State shall 
provide that the State will establish, for each eligible individual who 
files an application for Federal supplemental compensation, a Federal 
supplemental compensation account with respect to such individual's 
benefit year.
    ``(2)(A)(i) Except as provided in subparagraph (B), the amount 
established in such account shall be equal to the lesser of--
        ``(I) 55 per centum of the total amount of regular compensation 
    (including dependents' allowances) payable to the individual with 
    respect to the benefit year (as determined under the State law) on 
    the basis of which he most recently received regular compensation, 
    or
        ``(II) the applicable limit times his average weekly benefit 
    amount for his benefit year.
    ``(ii) For purposes of clause (i)--
        ``(I) in the case of an account from which Federal supplemental 
    compensation was payable to an individual for a week beginning 
    before October 19, 1983, the applicable limit shall be the 
    applicable limit in effect in the State under this paragraph (as in 
    effect on the day before the date of the enactment of the Federal 
    Supplemental Compensation Amendments of 1983 [Oct. 24, 1983]) for 
    the last week beginning before October 19, 1983, or
        ``(II) in the case of an account from which Federal supplemental 
    compensation is first payable for a week beginning after October 18, 
    1983, the applicable limit shall be the applicable limit determined 
    under the following table with respect to the first week for which 
    Federal supplemental compensation is payable from such account:

                                                          The applicable
  ``In the case of weeks during a:                             limit is:
            6-percent period....................                     14 
            5-percent period....................                     12 
            4-percent period....................                     10 
            Low-unemployment period.............                      8.
    ``(B) In the case of any account from which Federal supplemental 
compensation was first payable for a week which begins after March 31, 
1983, and before October 19, 1983, the amount established in such 
account under subparagraph (A) shall be increased by the individual's 
additional entitlement. In no event shall such increase result in the 
individual's receiving more Federal supplemental compensation for weeks 
beginning after October 18, 1983, than the subparagraph (A) entitlement.
    ``(C) For purposes of subparagraph (B) and this subparagraph--
        ``(i) The term `additional entitlement' means the lesser of--
            ``(I) \3/4\ of the subparagraph (A) entitlement, or
            ``(II) the individual's average weekly benefit amount for 
        the benefit year multiplied by the applicable limit determined 
        under clause (ii).
        ``(ii) The applicable limit determined under this clause is--
            ``(I) 5 if all of the amount in the individual's Federal 
        supplemental compensation account (determined without regard to 
        subparagraph (B)) is payable to the individual for weeks 
        beginning before October 18, 1983, and
            ``(II) in the case of an individual not described in 
        subclause (I), 4 (2 if the State is in a 4-percent period or a 
        low-unemployment period for the first week beginning after 
        October 18, 1983).
        ``(iii) The term `subparagraph (A) entitlement' means the amount 
    which would have been established in the account if Federal 
    supplemental compensation were first payable from such account for 
    the first week beginning after October 18, 1983.
    ``(3)(A) For purposes of this subsection, the terms `6-percent 
period', `5-percent period', `4-percent period', and `low-unemployment 
period', mean, with respect to any State, the period which--
        ``(i) begins with the third week after the first week for which 
    the applicable trigger is on, and
        ``(ii) ends with the second week after the first week for which 
    the applicable trigger is off.
    ``(B)(i) In the case of a 6-percent period, 5-percent period, 4-
percent period, or low-unemployment period, as the case may be, the 
applicable trigger is on for any week if--
        ``(I) the rate of insured unemployment in the State for the 
    period consisting of such week and the immediately preceding 12 
    weeks falls within the applicable range, or
        ``(II) the rate of insured unemployment in the State for the 
    period consisting of the last week beginning in the second calendar 
    quarter ending before the week for which the trigger determination 
    is being made and all weeks preceding such last week which began on 
    or after January 1, 1982, equals or exceeds 5.5 percent in the case 
    of a 6-percent period (or, in the case of a 5-percent period, equals 
    or exceeds 4.5 percent but is less than 5.5 percent).
Subclause (II) shall not apply in the case of a 4-percent period or low-
unemployment period.
    ``(ii) In the case of a 6-percent period, 5-percent period, 4-
percent period, or low-unemployment period, as the case may be, the 
applicable trigger is off for any week if subclause (I) of clause (i) is 
not satisfied (or in the case of a 6-percent period or a 5-percent 
period, both subclauses (I) and (II) of clause (i) are not satisfied).
    ``(iii) In the case of any 5-percent period, 4-percent period, or 
low-unemployment period, as the case may be, notwithstanding clauses (i) 
and (ii), the applicable trigger shall be off for any week if the 
applicable trigger for a period with a higher applicable limit is on for 
such week.
    ``(C) For purposes of this paragraph, the applicable range is as 
follows:


     ``In the case of a:                The applicable range is:

  6-percent period...........  A rate equal to or exceeding 6 percent.
  5-percent period...........  A rate equal to or exceeding 5 percent
                                but less than 6 percent.
  4-percent period...........  A rate equal to or exceeding 4 percent
                                but less than 5 percent.
  Low-unemployment period....  A rate less than 4 percent.


    ``(D)(i) No 6-percent period, 5-percent period, 4-percent period, or 
low-unemployment period, as the case may be, which is in effect for the 
first week beginning after October 18, 1983, or any week thereafter, 
shall last for a period of less than 13 weeks beginning after October 
18, 1983.
    ``(ii) The applicable limit in any State shall not be reduced or 
increased by more than 2 during any 13-week period beginning with the 
week for which such a reduction (or increase) would otherwise take 
effect. The preceding sentence shall not apply to any increase (or 
decrease) which takes effect for the first week beginning after October 
18, 1983.
    ``(E) For purposes of this subsection--
        ``(i) The rate of insured unemployment for any period shall be 
    determined in the same manner as determined for purposes of section 
    203 of the Federal-State Extended Unemployment Compensation Act of 
    1970 [section 203 of Pub. L. 91-373, set out below]; except that, 
    for purposes of determining the rate of insured unemployment for the 
    period described in subparagraph (B)(i)(II), the rate of insured 
    unemployment shall be determined by reference to the average monthly 
    covered employment under the State law for so much of such period as 
    does not fall in the last 6 months thereof.
        ``(ii) The amount of an individual's average weekly benefit 
    amount shall be determined in the same manner as determined for 
    purposes of section 202(b)(1)(C) of such Act [section 202(b)(1)(C) 
    of Pub. L. 91-373, set out below].
    ``(4) The amount of Federal supplemental compensation payable to an 
eligible individual shall not exceed the amount in such individual's 
account established under this subsection.
    ``(5)(A) Except as provided in subparagraph (B), the maximum amount 
of Federal supplemental compensation payable to an individual shall not 
be reduced by reason of any trade readjustment allowance to which the 
individual was entitled under the Trade Act of 1974.
    ``(B) If an individual received any trade readjustment allowance 
under the Trade Act of 1974 [19 U.S.C. 2101 et seq.] in respect of any 
benefit year, the maximum amount of Federal supplemental compensation 
payable under this subtitle in respect of such benefit year shall be 
reduced (but not below zero) so that (to the extent possible by making 
such a reduction) the aggregate amount of--
        ``(i) regular compensation,
        ``(ii) extended compensation,
        ``(iii) trade readjustment allowances, and
        ``(iv) Federal supplemental compensation,
payable in respect of such benefit year does not exceed the aggregate 
amount which would have been so payable had the individual not been 
entitled to any trade readjustment allowance.
    ``(f)(1) No Federal supplemental compensation shall be payable to 
any individual under an agreement entered into under this subtitle for 
any week beginning before whichever of the following is the later:
        ``(A) the week following the week in which such agreement is 
    entered into; or
        ``(B) September 12, 1982.
    ``(2)(A) Except as provided in subparagraph (B), no Federal 
supplemental compensation shall be payable to any individual under an 
agreement entered into under this subtitle for any week beginning after 
March 31, 1985.
    ``(B) In the case of any individual who is receiving Federal 
supplemental compensation for the week which includes March 31, 1985, 
such compensation shall continue to be payable to such individual in 
accordance with subsection (e) for any week thereafter, in a period of 
consecutive weeks for each of which he meets the eligibility 
requirements of this Act.
    ``(g) The payment of Federal supplemental compensation shall not be 
denied to any recipient (who submits documentation prescribed by the 
Secretary) for any week because the recipient is in training or 
attending an accredited educational institution on a substantially full-
time basis, or because of the application of State law to any such 
recipient relating to the availability for work, the active search for 
work, or the refusal to accept work on account of such training or 
attendance, unless the State agency determines that such training or 
attendance will not improve the opportunities for employment of the 
recipient.


   ``payments to states having agreements for the payment of federal 
                        supplemental compensation

    ``Sec. 603. (a) There shall be paid to each State which has entered 
into an agreement under this subtitle an amount equal to 100 per centum 
of the Federal supplemental compensation paid to individuals by the 
State pursuant to such agreement.
    ``(b) No payment shall be made to any State under this section in 
respect of compensation to the extent the State is entitled to 
reimbursement in respect of such compensation under the provisions of 
any Federal law other than this subtitle or chapter 85 of title 5 of the 
United States Code. A State shall not be entitled to any reimbursement 
under such chapter 85 in respect of any compensation to the extent the 
State is entitled to reimbursement under this subtitle in respect of 
such compensation.
    ``(c) Sums payable to any State by reason of such State's having an 
agreement under this subtitle shall be payable, either in advance or by 
way of reimbursement (as may be determined by the Secretary), in such 
amounts as the Secretary estimates the State will be entitled to receive 
under this subtitle 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.


                         ``financing provisions

    ``Sec. 604. (a)(1) Funds in the extended unemployment compensation 
account (as established by section 905 of the Social Security Act) [42 
U.S.C. 1105] of the Unemployment Trust Fund shall be used for the making 
of payments to States having agreements entered into under this 
subtitle.
    ``(2) 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 subtitle. The Secretary of the Treasury, prior to audit or 
settlement by the General Accounting Office, shall make payments to the 
State in accordance with such certification, by transfers from the 
extended unemployment compensation account (as established by section 
905 of the Social Security Act) [42 U.S.C. 1105] to the account of such 
State in the Unemployment Trust Fund.
    ``(b) There are hereby authorized to be appropriated, without fiscal 
year limitation, to the extended unemployment compensation account, such 
sums as may be necessary to carry out the purposes of this subtitle. 
Amounts appropriated pursuant to the preceding sentence shall not be 
required to be repaid.
    ``(c) There are hereby authorized to be appropriated from the 
general fund of the Treasury, without fiscal year limitation, such funds 
as may be necessary for purposes of assisting States (as provided in 
title III of the Social Security Act) [42 U.S.C. 501 et seq.] in meeting 
the costs of administration of agreements under this subtitle.


                              ``definitions

    ``Sec. 605. For purposes of this subtitle--
        ``(1) the terms `compensation', `regular compensation', 
    `extended compensation', `base period', `benefit year', `State', 
    `State agency', `State law', and `week' shall have the meanings 
    assigned to them under section 205 of the Federal-State Extended 
    Unemployment Compensation Act of 1970 [section 205 of Pub. L. 91-
    373, set out below]; and
        ``(2) the term `period of eligibility' means, with respect to 
    any individual, any week which begins on or after September 12, 
    1982, and begins before April 1, 1985 (except as otherwise provided 
    in section 602(f)(2)(B)); except that an individual shall not have a 
    period of eligibility unless--
            ``(A) his benefit year ends on or after June 1, 1982, or
            ``(B) such individual was entitled to extended compensation 
        for a week which begins on or after June 1, 1982.


                        ``fraud and overpayments

    ``Sec. 606. (a)(1) If an individual knowingly has made, or caused to 
be made by another, a false statement or representation of a material 
fact, or knowingly has failed, or caused another to fail, to disclose a 
material fact, and as a result of such false statement or representation 
or of such nondisclosure such individual has received an amount of 
Federal supplemental compensation under this subtitle to which he was 
not entitled, such individual--
        ``(A) shall be ineligible for further Federal supplemental 
    compensation under this subtitle in accordance with the provisions 
    of the applicable State unemployment compensation law relating to 
    fraud in connection with a claim for unemployment compensation; and
        ``(B) shall be subject to prosecution under section 1001 of 
    title 18, United States Code.
    ``(2)(A) In the case of individuals who have received amounts of 
Federal supplemental compensation under this subtitle to which they were 
not entitled, the State is authorized to require such individuals to 
repay the amounts of such Federal supplemental compensation to the State 
agency, except that the State agency may waive such repayment if it 
determines that--
        ``(i) the payment of such Federal Supplemental compensation was 
    without fault on the part of any such individual, and
        ``(ii) such repayment would be contrary to equity and good 
    conscience.
    ``(B) The State agency may recover the amount to be repaid, or any 
part thereof, by deductions from any Federal supplemental compensation 
payable to such individual under this subtitle or from any unemployment 
compensation payable to such individual under any Federal unemployment 
compensation law administered by the State agency or under any other 
Federal law administered by the State agency which provides for the 
payment of any assistance or allowance with respect to any week of 
unemployment, during the three-year period after the date such 
individuals received the payment of the Federal supplemental 
compensation to which they were not entitled, except that no single 
deduction may exceed 50 per centum of the weekly benefit amount from 
which such deduction is made.
    ``(C) No repayment shall be required, and no deduction shall be 
made, until a determination has been made, notice thereof and an 
opportunity for a fair hearing has been given to the individual, and the 
determination has become final.
    ``(3) Any determination by a State agency under paragraph (1) or (2) 
shall be subject to review in the same manner and to the same extent as 
determinations under the State unemployment compensation law, and only 
in that manner and to that extent.''
    [Pub. L. 98-135, Sec. 1, 97 Stat. 857, provided that: ``This Act 
[amending section 3306 of this title and sections 1323 and 1397b of 
Title 42, The Public Health and Welfare, enacting provisions set out as 
notes under this section, section 3306 of this title, and section 1323 
of Title 42, and amending provisions set out as notes under this 
section] may be cited as the `Federal Supplemental Compensation 
Amendments of 1983'.'']
    [Section 103 of title I of Pub. L. 98-135 provided that:
    [``(a) General Rule.--The amendments made by this title [amending 
sections 602(d)(3), (e)(2), (3), (f)(2) and 605(2) of Pub. L. 97-248, 
set out above] shall apply to weeks beginning after October 18, 1983.
    [``(b) Transitional Rule.--In the case of any eligible individual 
who exhausted his rights to Federal supplemental compensation (by reason 
of the payment of all of the amount in his Federal supplemental 
compensation account) before the first week beginning after October 18, 
1983, such individual's eligibility for additional weeks of compensation 
by reason of the amendments made by this title [amending sections 
602(d)(3), (e)(2), (3), (f)(2) and 605(2) of Pub. L. 97-248, set out 
above] shall not be limited or terminated by reason of any event, or 
failure to meet any requirement of law relating to eligibility for 
unemployment compensation, occurring after the date of such exhaustion 
of rights and before the beginning of the first week beginning after 
October 18, 1983 (and the period after such exhaustion and before the 
beginning of such first week shall not be counted for purposes of 
determining the expiration of the two years following the end of his 
benefit year for purposes of section 602(b) of the Federal Supplemental 
Compensation Act of 1982 [section 602(b) of Pub. L. 97-248, set out 
above]).
    [``(c) Modification of Agreements.--The Secretary of Labor shall, at 
the earliest practicable date, after the date of the enactment of this 
Act [Oct. 24, 1983], propose to each State with which he has in effect 
an agreement under section 602 of the Federal Supplemental Compensation 
Act of 1982 [section 602 of Pub. L. 97-248, set out above] a 
modification of such agreement designed to provide for the payment of 
Federal supplemental compensation under such Act in accordance with the 
amendments made by this title [amending sections 602(d)(3), (e)(2), (3), 
(f)(2) and 605(2) of Pub. L. 97-248, set out above]. Notwithstanding any 
other provision of law, if any State fails or refuses within the three-
week period beginning on the date the Secretary of Labor proposes such 
modification to such State, to enter into such modification of such 
agreement, the Secretary of Labor shall terminate such agreement 
effective with the end of the last week which ends on or before the 
close of such three-week period.
    [``(d) New Periods Begin With First Week After October 18, 1983.--
For purposes of determining whether any 6-percent period, 5-percent 
period, 4-percent period, or low-unemployment period is in effect during 
weeks beginning after October 18, 1983, the amendments made by this 
title [amending sections 602(d)(3), (e)(2), (3), (f)(2) and 605(2) of 
Pub. L. 97-248, set out above] shall be treated as in effect during all 
periods before the first week beginning after October 18, 1983.'']
    [Section 1(b)-(d) of Pub. L. 98-92 provided that:
    [``(b) The amendment made by subsection (a) [amending section 
602(e)(2) of Pub. L. 97-248, set out above] shall apply to weeks 
beginning after July 24, 1983.
    [``(c)(1) In the case of an account established before the week 
beginning June 5, 1983, the applicable limit under section 
602(e)(2)(A)(ii) of the Federal Supplemental Compensation Act of 1982 
[section 602(e)(2)(A)(ii) of Pub. L. 97-248, set out above] shall in no 
event be less than the number of weeks applicable to such State for the 
week beginning March 27, 1983, under section 602(e)(2) of such Act (as 
in effect for such week) reduced by four.
    [``(2) Paragraph (1) shall apply only to compensation for weeks of 
unemployment beginning on or after the date of the enactment of this Act 
[Sept. 2, 1983].
    [``(d) In the case of any eligible individual who (without regard to 
the amendment made by subsection (a) [amending section 602(e)(2) of Pub. 
L. 97-248, set out above] or the provisions of subsection (c)) exhausted 
his rights to Federal supplemental compensation (by reason of the 
payment of all of the amount in his Federal supplemental compensation 
account) before the first week beginning after the date of the enactment 
of this Act [Sept. 2, 1983], such individual's eligibility for 
additional compensation by reason of the amendment made by subsection 
(a) or the provisions of subsection (c) for any week of unemployment 
shall not be limited or terminated by reason of any event, or failure to 
meet any requirement of law relating to eligibility for unemployment 
compensation, occurring after the date of such exhaustion of rights and 
before the beginning of the first week beginning after the date of the 
enactment of this Act.'']
    [Section 544(b) of Pub. L. 97-424 provided that: ``The amendments 
made by subsection (a) [enacting section 602(e)(2)(B)-(F), (3) and 
amending section 602(e)(2)(A) of Pub. L. 97-248, set out above] shall 
apply to Federal supplemental compensation payable for weeks beginning 
on or after the date of the enactment of this Act [Jan. 6, 1983]. In the 
case of any eligible individual to whom any Federal supplemental 
compensation was payable for any week beginning prior to such date of 
enactment and who exhausted his rights to such compensation (by reason 
of the payment of all the amount in his Federal supplemental 
compensation account) prior to the first week beginning on or after such 
date of enactment, such individual's eligibility for additional weeks of 
compensation by reason of the amendments made by this section shall not 
be limited or terminated by reason of any event, or failure to meet any 
requirement of law relating to eligibility for unemployment 
compensation, occurring after the date of such exhaustion of rights and 
prior to the date of the enactment of this Act [Jan. 6, 1983] (and such 
weeks shall not be counted for purposes of determining the expiration of 
the two years following the end of his benefit year for purposes of 
section 602(b) of the Tax Equity and Fiscal Responsibility Act of 1982) 
[Pub. L. 97-248].'']
    [Pub. L. 97-448, title III, Sec. 310(b), Jan. 12, 1983, 96 Stat. 
2411, provided that: ``The amendment made by subsection (a) [enacting 
section 602(d)(3) of Pub. L. 97-248, set out above] shall be effective 
as if it had been originally included in section 602 of the Tax Equity 
and Fiscal Responsibility Act of 1982 [section 602 of Pub. L. 97-248, 
set out above].'']
    [Section 503 of part A (Secs. 501-505) of title V of Pub. L. 98-21 
provided that:
    [``(a) The amendments made by this part [enacting section 602(e)(2), 
(3), (5), (g) and amending sections 602(d)(3), (e)(4), (f)(2) and 605(2) 
of Pub. L. 97-248, set out above] shall apply to weeks beginning after 
March 31, 1983.
    [``(b) In the case of any eligible individual--
        [``(1) to whom any Federal supplemental compensation was payable 
    for any week beginning before April 1, 1983, and
        [``(2) who exhausted his rights to such compensation (by reason 
    of the payment of all the amount in his Federal supplemental 
    compensation account) before the first week beginning after March 
    31, 1983,
such individual's eligibility for additional weeks of compensation by 
reason of the amendments made by this part shall not be limited or 
terminated by reason of any event, or failure to meet any requirement of 
law relating to eligibility for unemployment compensation, occurring 
after the date of such exhaustion of rights and before April 1, 1983 
(and the period after such exhaustion and before April 1, 1983, shall 
not be counted for purposes of determining the expiration of the two 
years following the end of his benefit year for purposes of section 
602(b) of the Federal Supplemental Compensation Act of 1982 [section 
602(b) of Pub. L. 97-248, set out above]).
    [``(c) The Secretary of Labor shall, at the earliest practicable 
date after the date of the enactment of this Act [Apr. 20, 1983], 
propose to each State with which he has in effect an agreement under 
section 602 of the Federal Supplemental Compensation Act of 1982 
[section 602 of Pub. L. 97-248, set out above] a modification of such 
agreement designed to provide for the payment of Federal supplemental 
compensation under such Act [subtitle A of title VI of Pub. L. 97-248, 
set out above] in accordance with the amendments made by this part. 
Notwithstanding any other provision of law, if any State fails or 
refuses, within the 3-week period beginning on the date the Secretary of 
Labor proposed such a modification to such State, to enter into such a 
modification of such agreement, the Secretary of Labor shall terminate 
such agreement effective with the end of the last week which ends on or 
before such 3-week period.'']


 Modification of Agreements Under Federal Supplemental Compensation Act 
                                 of 1982

    Pub. L. 99-15, Sec. 1(c), Apr. 4, 1985, 99 Stat. 37, provided that: 
``The Secretary of Labor shall, at the earliest practicable date after 
the date of the enactment of this Act [Apr. 4, 1985], propose to each 
State with which he has in effect an agreement under section 602 of the 
Federal Supplemental Compensation Act of 1982 [section 602 of Pub. L. 
97-248, set out above] a modification of such agreement designed to 
provide for the payment of Federal supplemental compensation under such 
Act [subtitle A of title VI of Pub. L. 97-248, set out above] in 
accordance with the amendments made by this Act [amending the Federal 
Supplemental Compensation Act of 1982]. Notwithstanding any other 
provision of law, if any State fails or refuses within the three-week 
period beginning on the date the Secretary of Labor proposes such 
modification to such State, to enter into such modification of such 
agreement, the Secretary of Labor shall terminate such agreement 
effective with the end of the last week which ends on or before the 
close of such three-week period. Pending modification (or termination) 
of the agreement, States may pay Federal supplemental compensation in 
accordance with the amendments made by this Act for weeks beginning 
after March 31, 1985, and shall be reimbursed in accordance with the 
provisions of the Federal Supplemental Compensation Act of 1982.''


   Application of Federal Supplemental Compensation Act of 1982 With 
             Respect to Weeks Beginning After March 31, 1983

    Pub. L. 98-13, Mar. 29, 1983, 97 Stat. 54, provided: ``That, with 
respect to weeks beginning after March 31, 1983, the Federal 
Supplemental Compensation Act of 1982 [subtitle A of title VI of Pub. L. 
97-248, set out above] shall be applied as if the provisions contained 
in part A of title V of the conference report [H. Rept. No. 98-47] on 
the bill H.R. 1900 [part A (Secs. 501-505) of title V of Pub. L. 98-21, 
Apr. 20, 1983, 97 Stat. 141-144, amending subtitle A of title VI of Pub. 
L. 97-248, set out above] were enacted into law on the date of the 
enactment of this Act [Mar. 29, 1983].''


  Termination of Federal-State Supplemental Unemployment Compensation 
              Agreements With States Failing To Renegotiate

    Pub. L. 97-424, title V, Sec. 544(c), Jan. 6, 1983, 96 Stat. 2197, 
provided that: ``The Secretary of Labor shall, at the earliest 
practicable date after the date of the enactment of this Act [Jan. 6, 
1983], propose to each State with which he has in effect an agreement 
under section 602 of the Tax Equity and Fiscal Responsibility Act of 
1982 [section 602 of Pub. L. 97-248, set out above] a modification of 
such agreement designed to provide for the payment of Federal 
supplemental compensation under such Act [sections 601 to 606 of Pub. L. 
97-248, set out above] in accordance with the amendments made by this 
Act [amending section 602(e) of Pub. L. 97-248, set out above]. 
Notwithstanding any other provision of law, if any State fails or 
refuses, within the three-week period beginning on the date the 
Secretary of Labor proposes such a modification to such State, to enter 
into such a modification of such agreement, the Secretary of Labor shall 
terminate such agreement effective with the end of the last week which 
ends on or before such three-week period.''


        Certification of State Unemployment Laws; Effective Dates

    Section 2408(b) of Pub. L. 97-35, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(1) Except as otherwise provided in paragraph (2)--
        ``(A) The amendments made by sections 2401 and 2402 [amending 
    Pub. L. 91-373, set out below] shall be required to be included in 
    State unemployment compensation laws for purposes of certifications 
    under section 3304(c) of the Internal Revenue Code of 1986 [formerly 
    I.R.C. 1954] on October 31 of any taxable year after 1980; and
        ``(B) the amendments made by sections 2403 and 2404 [amending 
    Pub. L. 91-373, set out below] shall be required to be included in 
    such laws for purposes of such certifications on October 31 of any 
    taxable year after 1981.
    ``(2)(A) In the case of any State the legislature of which--
        ``(i) does not meet in a session which begins after the date of 
    the enactment of this Act [Aug. 13, 1981] and prior to September 1, 
    1981, and
        ``(ii) if in session on the date of the enactment of this Act, 
    does not remain in session for a period of at least 25 calendar 
    days,
the date `1980' in paragraph (1)(A) shall be deemed to be `1981'.
    ``(B) In the case of any State the legislature of which--
        ``(i) does not meet in a session which begins after the date of 
    the enactment of this Act [Aug. 13, 1981] and prior to September 1, 
    1982, and
        ``(ii) if in session on the date of the enactment of this Act, 
    does not remain in session for a period of at least 25 calendar 
    days,
the date `1981' in paragraph (1)(B) shall be deemed to be `1982'.''
    Pub. L. 96-499, title X, Sec. 1025, Dec. 5, 1980, 94 Stat. 2660, as 
amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, 
provided that: ``On October 31 of any taxable year after 1980, the 
Secretary of Labor shall not certify any State, as provided in section 
3304(c) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], 
which, after reasonable notice and opportunity for a hearing to the 
State agency, the Secretary of Labor finds has failed to amend its law 
so that it contains each of the provisions required by reason of the 
enactment of the preceding provisions of this subtitle [subtitle C of 
title X of Pub. L. 96-499, Dec. 5, 1980, 94 Stat. 2656, which enacted 
section 8509 of Title 5, Government Organization and Employees, and 
section 1109 of Title 42, The Public Health and Welfare, enacted 
provisions set out as notes under this section and section 8509 of Title 
5, and amended provisions set out as notes under this section] to be 
included therein, or has with respect to the 12-month period ending on 
such October 31, failed to comply substantially with any such 
provision.''


Transfer of Funds to Federal Unemployment Trust Fund as Prerequisite to 
        Approval of Virgin Islands Unemployment Compensation Law

    Section 116(g) of Pub. L. 94-566, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``The Secretary of 
Labor shall not approve an unemployment compensation law of the Virgin 
Islands under section 3304(a) of the Internal Revenue Code of 1986 
[formerly I.R.C. 1954] until the Governor of the Virgin Islands has 
approved the transfer to the Federal Unemployment Trust Fund established 
by section 904 of the Social Security Act [42 U.S.C. 1104] of an amount 
equal to the dollar balance credited to the unemployment subfund of the 
Virgin Islands established under section 310 of title 24 of the Virgin 
Islands Code.''


Federal Reimbursement for Benefits Paid to Newly Covered Workers During 
                            Transition Period

    Section 121 of Pub. L. 94-566, as amended by Pub. L. 99-514, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(a) General Rule.--If any State, the unemployment compensation law 
of which is approved by the Secretary under section 3304(a) of the 
Internal Revenue Code of 1986 [formerly I.R.C. 1954], provides for the 
payment of compensation for any week of unemployment beginning on or 
after January 1, 1978, on the basis of previously uncovered services, 
the Secretary shall pay to the unemployment fund of such State an amount 
equal to the Federal reimbursement for any compensation paid for a week 
of unemployment beginning on or after January 1, 1978, to any individual 
whose base period wages include wages for previously uncovered services.
    ``(b) Previously Uncovered Services.--For purposes of this section, 
the term `previously uncovered services' means, with respect to any 
State, services--
        ``(1) which were not covered by the State unemployment 
    compensation law, at any time, during the 1-year period ending 
    December 31, 1975; and
        ``(2) which--
            ``(A) are agricultural labor (as defined in section 3306(k) 
        of the Internal Revenue Code of 1986) or domestic services 
        referred to in section 3306(c)(2) of such Code (as in effect on 
        the day before the date of the enactment of this Act) [Oct. 20, 
        1976] and are treated as employment (as defined in section 
        3306(c) of such Code) by reason of the amendments made by this 
        Act [see Short Title of 1976 Amendment note set out under 
        section 3311 of this title], or
            ``(B) are services to which section 3309(a)(1) of such Code 
        applies by reason of the amendments made by this Act.
    ``(c) Federal Reimbursement.--
        ``(1) In general.--For purposes of this section, the Federal 
    reimbursement for compensation paid to any individual for any week 
    of unemployment shall be an amount which bears the same ratio to the 
    amount of such compensation as the amount of the individual's base 
    period wages which are attributable to previously uncovered services 
    which are reimbursable bears to the total amount of the individual's 
    base period wages.
        ``(2) Reimbursable services.--For purposes of determining the 
    amount of the Federal reimbursement for compensation paid to any 
    individual for any week of unemployment, previously uncovered 
    services shall be treated as being reimbursable--
            ``(A) if such services were performed--
                ``(i) before July 1, 1978, in the case of a week of 
            unemployment beginning before July 1, 1978; or
                ``(ii) before January 1, 1978, in the case of a week of 
            unemployment beginning after July 1, 1978; and
            ``(B) to the extent that assistance under title II of the 
        Emergency Jobs and Unemployment Assistance Act of 1974 [Pub. L. 
        93-567, title II, set out below] was not paid to such individual 
        on the basis of such services.
        ``(3) Denial of payment.--No payment may be made under 
    subsection (a) to any State in respect of any compensation for which 
    the State is entitled to any reimbursement under the provisions of 
    any Federal law other than this Act [see Short Title of 1976 
    Amendment note set out under section 3311 of this title] or the 
    Federal-State Extended Unemployment Compensation Act of 1970 [Pub. 
    L. 91-373, title II, set out below].
    ``(d) Experience Rating of Certain Employers.--The unemployment 
compensation law of any State may, without being deemed to violate the 
standards set forth in section 3303(a) of the Internal Revenue Code of 
1986, provide that the experience-rating account of any employer shall 
not be charged for the compensation paid to any individual whose base 
period wages includes wages for previously uncovered services which are 
reimbursable under subsection (c)(2) to the extent that such individual 
would not have been eligible to receive such compensation had the State 
law not provided for the payment of compensation on the basis of such 
previously uncovered services.
    ``(e) Certain Nonprofit Employers.--The unemployment compensation 
law of any State may provide that any organization which elects to make 
payments (in lieu of contributions) into the State unemployment 
compensation fund as provided in section 3309(a)(2) of the Internal 
Revenue Code of 1986 shall not be liable to make such payments with 
respect to the compensation paid to any individual whose base period 
wages includes wages for previously uncovered services which are 
reimbursable under subsection (c)(2) to the extent that such individual 
would not have been eligible to receive such compensation had the State 
not provided for the payment of compensation on the basis of such 
previously uncovered services.
    ``(f) Payments Made Monthly.--Payments under subsection (a) shall be 
made monthly, prior to audit or settlement by the General Accounting 
Office, on the basis of estimates by the Secretary of the amount payable 
to such State for such month, reduced or increased, as the case may be, 
by any amount by which the Secretary finds that his estimates for any 
prior month were greater or less than the amounts which should have been 
paid to such State. Such estimates may be made on the basis of such 
statistical, sampling, or other methods as may be agreed upon by the 
Secretary and the State.
    ``(g) Definitions.--For purposes of this section--
        ``(1) State.--The term `State' includes the District of 
    Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
        ``(2) Secretary.--The term `Secretary' means the Secretary of 
    Labor.
        ``(3) Benefit year.--The term `benefit year' means the benefit 
    year as defined in the applicable State unemployment compensation 
    law.
        ``(4) Base period.--The term `base period' means the base period 
    as defined by the applicable State unemployment compensation law for 
    the benefit year.
        ``(5) Unemployment fund.--The term `unemployment fund' has the 
    meaning given to such term by section 3306(f) of the Internal 
    Revenue Code of 1986.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated from the general fund of the Treasury such sums as may be 
necessary to carry out the purposes of this section.''


             Emergency Unemployment Compensation Act of 1974

    Pub. L. 93-572, Secs. 101-105, Dec. 31, 1974, 88 Stat. 1869-1872, as 
amended by Pub. L. 94-12, title VII, Sec. 701(a), Mar. 29, 1975, 89 
Stat. 65; Pub. L. 94-45, title I, Secs. 101(a)-(f), 102(a), 103(a), 106, 
June 30, 1975, 89 Stat. 236-239; Pub. L. 94-566, title I, 
Sec. 116(d)(3), Oct. 20, 1976, 90 Stat. 2672; Pub. L. 95-19, title I, 
Secs. 101(a), 102(a)-(c), 103(a), 104(a), 105(a), 107(a), Apr. 12, 1977, 
91 Stat. 39-42; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, 
provided that:
    ``Sec. 101. [Short title]. This Act [enacting this note and amending 
Pub. L. 91-373, title II, set out below] may be cited as the `Emergency 
Unemployment Compensation Act of 1974'.
    ``Sec. 102. [Federal-State agreements]. (a) [State law requirements; 
termination of agreement]. Any State, the State unemployment 
compensation law of which is approved by the Secretary of Labor 
(hereinafter in this Act referred to as the `Secretary') under section 
3304 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] which 
desires to do so, may enter into and participate in an agreement with 
the Secretary under this Act, if such State law contains (as of the date 
such agreement is entered into) a requirement that extended compensation 
be payable thereunder as provided by the Federal-State Extended 
Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II, set out 
below]. Any State which is a party to an agreement under this Act may, 
upon providing thirty days' written notice to the Secretary, terminate 
such agreement.
    ``(b) [Emergency compensation]. Any such agreement shall provide 
that the State agency of the State will make payments of emergency 
compensation--
        ``(1) to individuals who--
            ``(A)(i) have exhausted all rights to regular compensation 
        under the State law;
            ``(ii) have exhausted all rights to extended compensation, 
        or are not entitled thereto, because of the ending of their 
        eligibility period for extended compensation, in such State;
            ``(B) have no rights to compensation (including both regular 
        compensation and extended compensation) with respect to a week 
        under such law or any other State unemployment compensation law 
        or to compensation under any other Federal law; and
            ``(C) are not receiving compensation with respect to such 
        week under the unemployment compensation law of Canada,
        ``(2) for any week of unemployment which--
            ``(A) begins in--
                ``(i) an emergency benefit period (as defined in 
            subsection (c)(3)), and
                ``(ii) the individual's period of eligibility (as 
            defined in section 105(a)(2)); or
            ``(B) begins in an individual's additional eligibility 
        period (as defined in section 105(a)(4));
    except that no payment of emergency compensation shall be made to 
    any individual for any week of unemployment which begins more than 
    two years after the end of the benefit year for which he exhausted 
    his rights to regular compensation.
    ``(c) [Regular and extended compensation rights, exhaustion; 
emergency benefit period; publication in Federal Register; State 
`emergency on' and `emergency off' indicators.] (1) For purposes of 
subsection (b)(1)(A), an individual shall be deemed to have exhausted 
his rights to regular compensation under a State law when--
        ``(A) no payments of regular compensation can be made under such 
    law because such individual has received all regular compensation 
    available to him based on employment or wages during his base 
    period; or
        ``(B) his rights to such compensation have been terminated by 
    reason of the expiration of the benefit year with respect to which 
    such rights existed.
    ``(2) For purposes of subsection (b)(1)(B), an individual shall be 
deemed to have exhausted his rights to extend compensation under a State 
law when no payments of extended compensation under a State law can be 
made under such law because such individual has received all the 
extended compensation available to him from his extended compensation 
account (as established under State law in accordance with section 
202(b)(1) of the Federal-State Extended Unemployment Compensation Act of 
1970) [Pub. L. 91-373, title II, Sec. 202(b)(1), set out below]).
    ``(3)(A)(i) For purposes of subsection (b)(2)(A), in the case of any 
State, an emergency benefit period--
        ``(I) shall begin with the third week after a week for which 
    there is a State `emergency on' indicator; and
        ``(II) shall end with the third week after the first week for 
    which there is a State `emergency off' indicator.
    ``(ii) In the case of any State, no emergency benefit period shall 
last for a period of less than 13 consecutive weeks, and no emergency 
benefit period which began prior to January 1, 1976, shall end prior to 
such date.
    ``(iii) When a determination has been made that an emergency benefit 
period is beginning or ending with respect to any State, the Secretary 
shall cause notice of such determination to be published in the Federal 
Register.
    ``(B)(i) For purposes of subparagraph (A), there is a State 
`emergency on' indicator for a week if (I) there is a State or National 
`on' indicator for such week (as determined under subsections (d) and 
(e) of section 203 of the Federal-State Extended Unemployment 
Compensation Act of 1970 [Pub. L. 91-373, title II, Sec. 203(d), (e), 
set out below]), and (II) the rate of insured unemployment in such State 
for the period consisting of such week and the immediately preceding 
twelve weeks equaled or exceeded 5 per centum.
    ``(ii) For purposes of subparagraph (A), there is a State `emergency 
off' indicator for a week if the rate of insured unemployment in such 
State for the period consisting of such week and the immediately 
preceding twelve weeks is less than 5 per centum.
    ``(d) [Amount of emergency compensation; terms and conditions of 
State law for regular compensation] For purposes of any agreement under 
this Act--
        ``(1) the amount of the emergency compensation which shall be 
    payable to any individual for any week of total unemployment shall 
    be equal to the amount of the regular compensation (including 
    dependents' allowances) payable to him during his benefit year under 
    the State law; and
        ``(2) the terms and conditions of the State law which apply to 
    claims for regular compensation and to the payment thereof shall 
    (except where inconsistent with the provisions of this Act or 
    regulations of the Secretary promulgated to carry out this Act) 
    apply to claims for emergency compensation and the payment thereof.
    ``(e) [Emergency compensation account] (1) Any agreement under this 
Act with a State shall provide that the State will establish, for each 
eligible individual who files an application for emergency compensation, 
an emergency compensation account.
    ``(2) The amount established in such account for any individual 
shall be equal to the lesser of--
        ``(A) 50 per centum of the total amount of regular compensation 
    (including dependents' allowances) payable to him with respect to 
    the benefit year (as determined under the State law) on the basis of 
    which he most recently received regular compensation; or
        ``(B) 13 times his average weekly benefit amount (as determined 
    for purposes of section 202(b)(1)(C) of the Federal-State Extended 
    Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II, 
    Sec. 202(b)(1)(C), set out below]) for his benefit year.
    ``(3) The amount determined under paragraph (2) with respect to any 
individual shall be reduced by the amount of any assistance paid to such 
individual under title II of the Emergency Jobs and Unemployment 
Assistance Act of 1974 [Pub. L. 93-567, title II, set out below], for 
any weeks of unemployment in the 65-week period preceding the first week 
of unemployment with respect to which compensation is payable to such 
individual under this Act.
    ``(f) [Effective dates] (1) No emergency compensation shall be 
payable to any individual under an agreement entered into under this Act 
for any week beginning before whichever of the following is the latest:
        ``(A) the first week which begins after December 31, 1974,
        ``(B) the week following the week in which such agreement is 
    entered into, or
        ``(C) the first week which begins after the date of the 
    enactment of this Act [Dec. 31, 1974].
    ``(2) No emergency compensation shall be payable to any individual 
under an agreement entered into under this Act--
        ``(A) for any week ending after October 31, 1977, or
        ``(B) in the case of an individual who (for a week ending after 
    the beginning of his most recent benefit year and before October 31, 
    1977) had a week with respect to which emergency compensation was 
    payable under such agreement, for any week ending after January 31, 
    1978.
    ``(g) [Individuals not participating in approved training programs] 
Notwithstanding the preceding provisions of this section emergency 
compensation shall not be payable for any week to an individual who is 
not a participant in a training program which is approved by the 
Secretary if--
        ``(1) the State determines that there is a need for upgrading or 
    broadening such individual's occupational skills and a program which 
    is approved by the Secretary for such upgrading or broadening is 
    available within a reasonable distance and without charge to the 
    individual for tuition or fees, and
        ``(2) such individual is not an applicant to participate in such 
    a program.
    ``(h) [Denial of emergency compensation to individuals who refuse 
offers of suitable work or who are not actively seeking work]. (1) In 
addition to any eligibility requirement of the applicable State law, 
emergency compensation shall not be payable for any week to any 
individual otherwise eligible to receive such compensation if during 
such week such individual--
        ``(A) fails to accept any offer of suitable work or to apply for 
    any suitable work to which he was referred by the State agency, or
        ``(B) fails to actively engage in seeking work.
    ``(2) If any individual is ineligible for emergency compensation for 
any week by reason of a failure described in subparagraph (A) or (B) of 
paragraph (1), the individual shall be ineligible to receive emergency 
compensation for any week which begins during a period which--
        ``(A) begins with the week following the week in which such 
    failure occurs, and
        ``(B) does not end until such individual has been employed 
    during at least 4 weeks which begin after such failure and the total 
    of the remuneration earned by the individual for being so employed 
    is not less than the product of 4 multiplied by the individual's 
    average weekly benefit amount (as determined for purposes of section 
    202(b)(1)(C) of the Federal-State Extended Unemployment Compensation 
    Act of 1970 [Pub. L. 91-373, title II, Sec. 202(b)(1)(C), set out 
    below]) for his benefit year.
    ``(3) Emergency compensation shall not be denied under paragraph (1) 
to any individual for any week by reason of a failure to accept an offer 
of, or apply for, suitable work--
        ``(A) if the gross average weekly remuneration payable to such 
    individual for the position does not exceed the sum of--
            ``(i) the individual's average weekly benefit amount (as 
        determined for purposes of section 202(b)(1)(C) of the Federal-
        State Extended Unemployment Compensation Act of 1970 [Pub. L. 
        91-373, title II, Sec. 202(b)(1)(C), set out below]) for his 
        benefit year, plus
            ``(ii) the amount (if any) of supplemental unemployment 
        compensation benefits (as defined in section 501(c)(17)(D) of 
        the Internal Revenue Code of 1986) payable to such individual 
        for such week;
        ``(B) if the position was not offered to such individual in 
    writing and was not listed with the State employment service;
        ``(C) if such failure would not result in a denial of 
    compensation under the provisions of the applicable State law to the 
    extent that such provisions are not inconsistent with the provisions 
    of paragraph (4); or
        ``(D) if the position pays wages less than the higher of--
            ``(i) the minimum wage provided by section 6(a)(1) of the 
        Fair Labor Standards Act of 1938 [29 U.S.C. 206(a)(1)], without 
        regard to any exemption; or
            ``(ii) any applicable State or local minimum wage.
    ``(4) For purposes of this subsection--
        ``(A) The term `suitable work' means, with respect to any 
    individual, any work which is within such individual's capabilities; 
    except that, if the individual furnishes evidence satisfactory to 
    the State agency that such individual's prospects for obtaining work 
    in his customary occupation within a reasonably short period are 
    good, the determination of whether any work is suitable work with 
    respect to such individual shall be made in accordance with the 
    applicable State law.
        ``(B) An individual shall be treated as actively engaged in 
    seeking work during any week if--
            ``(i) the individual has engaged in a systematic and 
        sustained effort to obtain work during such week, and
            ``(ii) the individual provides tangible evidence to the 
        State agency that he has engaged in such an effort during such 
        week.
    ``(5) Any agreement under subsection (a) shall provide that, in the 
administration of this Act, States shall make provision for referring 
applicants for benefits under this Act to any suitable work to which 
subparagraphs (A), (B), (C), and (D) of paragraph (3) would not apply.
    ``Sec. 103. [Payments to States having agreements for the payment of 
emergency compensation]. (a) [Amount payable]. There shall be paid to 
each State which has entered into an agreement under this Act an amount 
equal to 100 per centum of the emergency compensation paid to 
individuals by the State pursuant to such agreement.
    ``(b) [Limitation] No payment shall be made to any State under this 
section in respect of compensation for which the State is entitled to 
reimbursement under the provisions of any Federal law other than this 
Act.
    ``(c) [Calendar month basis; advances, reimbursements, and 
adjustments; method for estimates] Sums payable to any State by reason 
of such State's having an agreement under this Act shall be payable, 
either in advance or by way of reimbursement (as may be determined by 
the Secretary), in such amounts as the Secretary estimates the State 
will be entitled to receive under this Act for each calendar month, 
reduced or increased, as the case may be, by any amount by which the 
Secretary finds that his estimates for any prior calendar month were 
greater or less than the amounts which would have been paid to the 
State. Such estimates may be made on the basis of such statistical, 
sampling, or other method as may be agreed upon by the Secretary and the 
State agency of the State involved.
    ``Sec. 104. [Financing provisions]. (a) [Use of extended 
unemployment compensation account funds; certification] (1) Funds in the 
extended unemployment compensation account (as established by section 
905 of the Social Security Act) [42 U.S.C. 1105] of the Unemployment 
Trust Fund shall be used for the making of payments to States having 
agreements entered into under this Act.
    ``(2) The Secretary shall from time to time certify to the Secretary 
of the Treasury for payment to each State the sums payable to such State 
under this Act. The Secretary of the Treasury, prior to audit or 
settlement by the General Accounting Office, shall make payments to the 
State in accordance with such certification, by transfers from the 
extended unemployment compensation account (as established by section 
905 of the Social Security Act) [42 U.S.C. 1105]) to the account of such 
State in the Unemployment Trust Fund.
    ``(b) [Authorization of appropriations; repayment of advances 
without interest]. There are hereby authorized to be appropriated, 
without fiscal year limitation, to the extended unemployment 
compensation account, such sums as may be necessary to carry out the 
purposes of this Act. Amounts appropriated and paid to the States under 
section 103 with respect to weeks of unemployment ending prior to April 
1, 1977, shall be repaid, without interest, as provided in section 
905(d) of the Social Security Act [42 U.S.C. 1105(d)].
    ``Sec. 105. (a) [Definitions]. For purposes of this Act--
        ``(1) the terms `compensation', `regular compensation', 
    `extended compensation', `base period', `benefit year', `State', 
    `State agency', `State law', and `week' shall have the meanings 
    assigned to them under section 205 of the Federal-State Extended 
    Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II, 
    Sec. 205, set out below];
        ``(2) the term `period of eligibility' means, in the case of any 
    individual, the weeks in his benefit year which begin in an extended 
    benefit period or an emergency benefit period and, if his benefit 
    year ends within such extended benefit period, any weeks thereafter 
    which begin in such extended benefit period or in such emergency 
    benefit period;
        ``(3) the term `extended benefit period' shall have the meaning 
    assigned to such term under section 203 of the Federal-State 
    Extended Unemployment Compensation Act of 1970 [Pub. L. 91-373, 
    title II, Sec. 203, set out below];
        ``(4) the term `additional eligibility period' means the 
    thirteen-week period following the week in which an emergency 
    benefit period ends in a State, as determined under section 
    102(c)(3); but no individual shall have an additional eligibility 
    period unless there was payable to him in such State, for the week 
    in which such emergency benefit period ended, either emergency 
    compensation under this Act or extended compensation under the 
    Federal-State Extended Unemployment Compensation Act of 1970 [Pub. 
    L. 91-373, title II, set out below];
        ``(5) the term `rate of insured unemployment' means the 
    percentage arrived at by dividing the average weekly number of 
    individuals filing claims for weeks of unemployment with respect to 
    the specified period (as determined on the basis of the reports made 
    by the State agency to the Secretary) by the average monthly covered 
    employment for the specified period;
        ``(6) the rate of insured unemployment for any thirteen-week 
    period shall be determined by reference to the average monthly 
    covered employment under the State law for the first four of the 
    most recent six calendar quarters ending before the close of such 
    period; and
        ``(7) determinations with respect to the rate of insured 
    unemployment in a State shall be made by the State agency in 
    accordance with regulations prescribed by the Secretary.
For purposes of any State law which refers to an extension under Federal 
law of the duration of benefits under the Federal-State Extended 
Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II, set out 
below], this Act shall be treated as amendatory of such Act.
    ``(b) [Recovery of overpayments]. (1) If an individual knowingly has 
made, or caused to be made by another, a false statement or 
representation of a material fact, or knowingly has failed, or caused 
another to fail, to disclose a material fact, and as a result of such 
false statement or representation or of such nondisclosure such 
individual has received an amount of emergency compensation under this 
Act to which he was not entitled, such individual--
        ``(A) shall be ineligible for further emergency compensation 
    under this Act in accordance with the provisions of the applicable 
    State unemployment compensation law relating to fraud in connection 
    with a claim for unemployment compensation; and
        ``(B) shall be subject to prosecution under section 1001 of 
    title 18, United States Code.
    ``(2)(A) In the case of individuals who have received amounts of 
emergency compensation under this Act to which they were not entitled, 
the State is authorized to require such individuals to repay the amounts 
of such emergency compensation to the State agency, except that the 
State agency may waive such repayment if it determines that--
        ``(i) the payment of such emergency compensation was without 
    fault on the part of any such individual, and
        ``(ii) such repayment would be contrary to equity and good 
    conscience.
    ``(B) The State agency may recover the amount to be repaid, or any 
part thereof, by deductions from any emergency compensation payable to 
such individual under this Act or from any unemployment compensation 
payable to such individual under any Federal unemployment compensation 
law administered by the State agency or under any other Federal law 
administered by the State agency which provides for the payment of any 
assistance or allowance with respect to any week of unemployment, during 
the three-year period after the date such individuals received the 
payment of the emergency compensation to which they were not entitled, 
except that no single deduction may exceed 50 per centum of the weekly 
benefit amount from which such deduction is made.
    ``(C) No repayment shall be required, and no deduction shall be 
made, until a determination has been made, notice thereof and an 
opportunity for a fair hearing has been given to the individual, and the 
determination has become final.
    ``(3) Any determination by a State agency under paragraph (1) or (2) 
shall be subject to review in the same manner and to the same extent as 
determinations under the State unemployment compensation law, and only 
in that manner and to that extent.''
    [Section 101(b) of Pub. L. 95-19 provided that: ``The amendment made 
by subsection (a) [amending section 102(f)(2) of Pub. L. 93-572, set out 
above] shall apply to weeks of unemployment ending after March 31, 
1977.'']
    [Section 102(d) of Pub. L. 95-19 provided that: ``The amendments 
made by this section [amending sections 102(b)(2)(A)(ii), (B), 
(c)(3)(A)(ii), (e) and 105(a) of Pub. L. 93-572, set out above] shall 
apply to weeks of unemployment ending after April 30, 1977. For purposes 
of determining an individual's entitlement to emergency compensation for 
weeks ending after April 30, 1977, there shall be taken into account any 
emergency compensation paid to such individual for weeks which end after 
the beginning of the individual's most recent benefit year and before 
May 1, 1977.'']
    [Section 103(b) of Pub. L. 95-19 provided that: ``The amendment made 
by subsection (a) [amending section 104(b) of Pub. L. 93-572, set out 
above] shall be effective on April 1, 1977.'']
    [Section 104(b) of Pub. L. 95-19 provided that: ``The amendment made 
by subsection (a) [enacting section 102(h) of Pub. L. 93-572, set out 
above] shall apply to weeks of unemployment beginning after the date of 
the enactment of this Act [Apr. 12, 1977].'']
    [Section 105(b) of Pub. L. 95-19 provided that: ``The amendment made 
by subsection (a) [enacting section 105(b) of Pub. L. 93-572, set out 
above] shall take effect on the date of the enactment of this Act [Apr. 
12, 1977].'']
    [Section 107(b) of Pub. L. 95-19 provided that: ``The amendment made 
by subsection (a) [amending section 102(b)(2) of Pub. L. 93-572, set out 
above] shall apply to weeks of unemployment ending after the date of 
enactment of this Act [Apr. 12, 1977].'']
    [Section 116(f)(1) of Pub. L. 94-556, set out as an Effective Date 
of 1976 Amendment note above, provided in part that the deletion of 
``the Virgin Islands or'' from section 102(b)(1)(C) of the Emergency 
Unemployment Compensation Act of 1974 shall take effect on the later of 
Oct. 1, 1976, or the day after the day on which the Secretary of Labor 
approves under section 3304(a) of this title an unemployment 
compensation law submitted to him by the Virgin Islands for approval.]
    [Section 101(g) of Pub. L. 94-45 provided that: ``The amendments 
made by subsections (a) through (e) of this section [enacting sections 
102(c)(3)(B)(i)(II) and 105(4)-(8) and amending section 102(b)(2), 
(c)(3)(A)(ii), (c)(3)(B)(ii), (e) of Pub. L. 93-572, set out above] 
shall be effective with respect to weeks of compensation which begin on 
or after January 1, 1976.'']
    [Section 106 of Pub. L. 94-45 provided in part that the enactment of 
par. (4) of section 102(e) of Pub. L. 93-572, set out above, as that 
section 102(e) is in effect on June 29, 1975, is effective July 1, 
1975.]


   Modification of Agreements With States To Reflect Amendments Under 
        Emergency Unemployment Compensation Extension Act of 1977

    Section 106 of Pub. L. 95-19 provided that: ``The Secretary of Labor 
shall, at the earliest practicable date after the date of the enactment 
of this Act [Apr. 12, 1977], propose to each State with which he has in 
effect an agreement under section 102 of the Emergency Compensation Act 
of 1974 [Pub. L. 93-572, set out above] a modification of such agreement 
designed to provide for the payment of emergency compensation under such 
Act in accordance with the amendments made by this title [enacting 
sections 102(h) and 105(b) of the Emergency Unemployment Compensation 
Act of 1974, amending sections 102(b)(2), (c)(3)(A)(ii), (e), (f)(2), 
104(b), and 105(a) of that Act, and enacting provisions set out as notes 
under this section]. Notwithstanding any other provision of law, if any 
State fails or refuses, within the 3-week period beginning on the date 
the Secretary of Labor proposes such a modification of such State, to 
enter into such a modification of such agreement, the Secretary of Labor 
shall terminate such agreement effective with the end of the last week 
which ends on or before the last day of such 3-week period.''


   Modification of Agreements With States To Reflect Amendments Under 
              Unemployment Compensation Amendments of 1976

    Section 604 of Pub. L. 94-566 provided that: ``The Secretary of 
Labor shall, at the earliest practicable date after the date of the 
enactment of this Act [Oct. 20, 1976], propose to each State with which 
he has in effect an agreement under section 202 of the Emergency Jobs 
and Unemployment Assistance Act of 1974 [Pub. L. 93-567, title II, 
Sec. 202, set out below] a modification of such agreement designed to 
provide for the payment of special unemployment assistance under such 
Act in accordance with the amendments made by sections 601, 602, and 603 
of this title [set out as a Special Unemployment Assistance Programs 
note below]. Notwithstanding any other provision of law, if any State 
fails or refuses, within the three-week period beginning on the date the 
Secretary of Labor proposes such a modification to such State, to enter 
into such a modification of such agreement, the Secretary of Labor shall 
terminate such agreement effective with the end of the last week which 
ends on or before the last day of such three-week period.''


 Agreements Under Emergency Unemployment Compensation Act of 1974 To Be 
 Modified To Reflect Amendment of the Act by Emergency Compensation and 
          Special Unemployment Assistance Extension Act of 1975

    Section 105 of Pub. L. 94-45, June 30, 1975, 89 Stat. 239, provided 
that: ``The Secretary of Labor shall, at the earliest practicable date 
after the date of the enactment of this Act [June 30, 1975], propose to 
each State with which he has in effect an agreement under section 102 of 
the Emergency Unemployment Compensation Act of 1974 [Pub. L. 93-567, set 
out below] a modification of such agreement designed to provide for the 
payment of the emergency compensation benefits allowable under such Act 
by reason of the amendments made by this part. Notwithstanding any 
provision of the Emergency Unemployment Compensation Act of 1974, if any 
State fails or refuses, within the three-week period beginning on the 
date of the enactment of this Act, to enter into such a modification of 
such agreement, the Secretary of Labor shall terminate such agreement.''


 Agreements Under Emergency Unemployment Compensation Act of 1974 To Be 
  Modified To Reflect Amendment of the Act by Tax Reduction Act of 1975

    Pub. L. 94-12, title VII, Sec. 701(b), Mar. 29, 1975, 89 Stat. 66, 
provided that: ``The Secretary of Labor shall, at the earliest 
practicable date after the enactment of this Act [Mar. 29, 1975], 
propose to each State with which he has in effect an agreement entered 
into pursuant to section 102 of the Emergency Unemployment Compensation 
Act of 1974 [Pub. L. 93-572, set out above] a modification of such 
agreement designed to cause payments of emergency compensation 
thereunder to be made in the manner prescribed by such Act, as amended 
by subsection (a) of this section [amending section 102(e) of the 
Emergency Unemployment Compensation Act of 1974]. Notwithstanding any 
provision of the Emergency Unemployment Compensation Act of 1974, if any 
such State shall fail or refuse, within a reasonable time after the date 
of the enactment of this Act, to enter into such a modification of such 
agreement, the Secretary of Labor shall terminate such agreement.''


            National Commission on Unemployment Compensation

    Section 411 of Pub. L. 94-566, as amended by Pub. L. 95-19, title 
III, Sec. 303, Apr. 12, 1977, 91 Stat. 45; Pub. L. 96-84, Secs. 1(a), 
(b), 2, 3(a), Oct. 10, 1979, 93 Stat. 653, 654, related to 
establishment, membership, powers, duties, etc., of the National 
Commission on Unemployment Compensation, and required a final report not 
later than July 1, 1980, respecting findings, conclusions, and 
recommendations, with termination of the Commission on the ninetieth day 
after the date of submission of the final report to the President.


                Special Unemployment Assistance Programs

    Pub. L. 93-567, title II, Secs. 201-224, Dec. 31, 1974, 88 Stat. 
1850-1853, as amended by Pub. L. 94-45, title II, Secs. 201-203, June 
30, 1975, 89 Stat. 240-242; Pub. L. 94-444, Sec. 6(a), (b), Oct. 1, 
1976, 90 Stat. 1481; Pub. L. 94-566, title VI, Secs. 601(a), 602(a)-(d), 
603(a), Oct. 20, 1976, 90 Stat. 2689-2691; Pub. L. 96-499, title X, 
Sec. 1021, Dec. 5, 1980, 94 Stat. 2656; Pub. L. 99-514, Sec. 2, Oct. 22, 
1986, 100 Stat. 2095; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
Sec. 405(d)(21), (f)(15)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-422, 
2681-431, provided that:


                ``Part A--Special Unemployment Assistance

                         ``statement of purpose

    ``Sec. 201. It is the purpose of this part to establish a temporary 
Federal program of special unemployment assistance for workers who are 
unemployed during a period of aggravated unemployment and who are not 
otherwise eligible for unemployment allowances under any other law.


                ``grants to states: agreement with states

    ``Sec. 202. Each State which enters into an agreement with the 
Secretary of Labor, pursuant to which it makes payments of special 
unemployment assistance in accordance with the provisions of this part 
and the rules and regulations prescribed by the Secretary of Labor 
hereunder, shall be paid by the United States from time to time, prior 
to audit or settlement by the General Accounting Office, such amounts as 
are deemed necessary by the Secretary of Labor to carry out the 
provisions of this part in the State. Assistance may be paid under this 
part to individuals only pursuant to such an agreement.


                         ``eligible individuals

    ``Sec. 203. (a) An individual shall be eligible to receive a payment 
of assistance or waiting period credit with respect to a week of 
unemployment occurring during and subsequent to a special unemployment 
assistance period in accordance with the provisions of this part if--
        ``(1) the individual is not eligible for compensation under any 
    State or Federal unemployment compensation law (including the 
    Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.)) with 
    respect to such week of unemployment, and is not receiving 
    compensation with respect to such week of unemployment under the 
    unemployment compensation law of Canada and is not eligible for 
    assistance or an allowance payable with respect to such week of 
    unemployment under such laws as the Public Works and Economic 
    Development Act Amendments of 1974 [42 U.S.C. 3121 et seq.], the 
    Disaster Relief Act of 1974 [42 U.S.C. 5121 et seq.], the Trade 
    Expansion Act of 1962, as amended [19 U.S.C. 1801 et seq.], or any 
    successor legislation or similar legislation, as determined by the 
    Secretary: Provided, That the individual meets the qualifying 
    employment and wage requirements of the applicable State 
    unemployment compensation law in the base period; and, for purposes 
    of this proviso, employment and wages which are not covered by the 
    State law shall be treated as though they were covered, except that 
    employment and wages covered by any State or Federal unemployment 
    compensation law, including the Railroad Unemployment Insurance Act 
    (45 U.S.C. 351 et seq.), shall be excluded to the extent that the 
    individual is or was entitled to compensation for unemployment 
    thereunder on the basis of such employment and wages; and
        ``(2) the individual is totally or partially unemployed, and is 
    able to work, available for work, and seeking work, within the 
    meaning of, or as required by, the applicable State unemployment 
    compensation law, and is not subject to disqualification under that 
    law; and
        ``(3) the individual has filed a claim for assistance or waiting 
    period credit under this part; and
        ``(4) in the area in which the individual was last employed for 
    at least five work days prior to filing a claim under this part for 
    assistance or waiting period credit with respect to such week of 
    unemployment, a special unemployment assistance period is in effect 
    with respect to such week of unemployment: Provided, That if the 
    individual, except for the imposition of a disqualification in 
    accordance with paragraph (2), was otherwise eligible for a payment 
    of assistance or waiting period credit under this part with respect 
    to a week of unemployment which began during a special unemployment 
    assistance period, but did not exhaust entitlement to assistance 
    during such period, entitlement shall continue after the end of the 
    period but no assistance shall be paid under this part for any week 
    of unemployment that begins more than twenty-six weeks after the end 
    of such period; and
        ``(5) the State in which the individual was last employed for at 
    least five work days prior to filing a claim under this part for 
    assistance or waiting period credit with respect to such week of 
    unemployment, has an agreement with the Secretary of Labor under 
    section 202 which is in effect with respect to such week of 
    unemployment.
    ``(b) An individual who performs services in an instructional, 
research, or principal administrative capacity for an educational 
institution or agency shall not be eligible to receive a payment of 
assistance or a waiting period credit with respect to any week 
commencing during the period between two successive academic years (or, 
when the contract provides instead for a similar period between two 
regular but not successive terms, during such similar period) if--
        ``(1) such individual performed services in any such capacity 
    for any educational institution or agency in the first of such 
    academic years or terms; and
        ``(2) such individual has a contract to perform services in any 
    such capacity for any educational institution or agency for the 
    later of such academic years or terms.
    ``(c) An individual who performs services for an educational 
institution or agency in a capacity (other than an instructional, 
research, or principal administrative capacity) shall not be eligible to 
receive a payment of assistance or a waiting period credit with respect 
to any week commencing during a period between two successive academic 
years or terms if--
        ``(1) such individual performed such services for any 
    educational institution or agency in the first of such academic 
    years or terms; and
        ``(2) there is a reasonable assurance that such individual will 
    perform services for any educational institution or agency in any 
    capacity (other than an instructional, research, or principal 
    administrative capacity) in the second of such academic years or 
    terms.


                ``special unemployment assistance period

    ``Sec. 204. (a) A special unemployment assistance period shall 
commence in an area designated by the Secretary with the third week 
after the first week for which the Secretary determines that there is an 
`on' indicator for such area, and shall terminate with the third week 
after the first week for which the Secretary determines that there is an 
`off' indicator for such area except that no special unemployment 
assistance period shall have a duration of less than thirteen weeks.
    ``(b) The Secretary shall designate as an area under this section an 
area that is a local workforce investment area designated under section 
116 of the Workforce Investment Act of 1998 [29 U.S.C. 2831].
    ``(c) There is an `on' indicator in an area for a week, if for the 
most recent three consecutive calendar months for which data are 
available the Secretary determines that--
        ``(1) the rate (seasonally adjusted) of national unemployment 
    averaged 6 per centum or more; or
        ``(2) the rate of unemployment in the area averaged 6.5 per 
    centum or more.
    ``(d) There is an `off' indicator for a week, if for the most recent 
three consecutive calendar months for which data are available the 
Secretary determines that both subsections (c)(1) and (c)(2) are not 
satisfied.
    ``(e) The determinations made under this section shall take into 
account the rates of unemployment for three consecutive months, even 
though any or all of such months may have occurred not more than three 
complete calendar months prior to the enactment of this Act [Dec. 31, 
1974].


                         ``weekly benefit amount

    ``Sec. 205. (a) The amount of assistance under this part to which an 
eligible individual shall be entitled for a week of unemployment shall 
be the weekly benefit amount for a week of unemployment that would be 
payable to the individual as regular compensation as computed under the 
provisions of the applicable State unemployment compensation law. For 
purposes of the preceding sentence, employment and wages which are not 
covered by the applicable State unemployment compensation law shall be 
treated as though they were covered, except that employment and wages 
covered by any State or Federal unemployment compensation law, including 
the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall 
be excluded to the extent that the individual is or was entitled to 
compensation for unemployment thereunder on the basis of such employment 
and wages.
    ``(b) Notwithstanding any provisions of State law, claims for 
assistance under this part may be determined, where an employment record 
is not available, on the basis of an affidavit submitted by an 
applicant.
    ``(c) If an individual knowingly has made, or caused to be made by 
another, a false statement or representation of a material fact, or 
knowingly has failed, or caused another to fail, to disclose a material 
fact, and as a result of such false statement or representation or of 
such nondisclosure such individual has received an amount of assistance 
under this part to which he was not entitled, such individual--
        ``(1) shall be ineligible for further assistance under this part 
    in accordance with the provisions of the applicable State 
    unemployment compensation law relating to fraud in connection with a 
    claim for unemployment compensation; and
        ``(2) shall be subject to prosecution under section 1001 of 
    title 18, United States Code.
    ``(d)(1) In the case of individuals who have received amounts of 
assistance under this part to which they were not entitled, the State is 
authorized to require such individuals to repay the amounts of such 
assistance to the State agency, except that the State agency may waive 
such repayment if it determines that--
        ``(A) the payment of such assistance was without fault on the 
    part of any such individual, and
        ``(B) such repayment would be contrary to equity and good 
    conscience.
    ``(2) The State agency may recover the amount to be repaid, or any 
part thereof, by deductions from any assistance payable under this part 
or from any unemployment compensation payable to such individual under 
any Federal unemployment compensation law administered by the State 
agency or under any other Federal law administered by the State agency 
which provides for the payment of any assistance or allowance with 
respect to any week of unemployment, during the three-year period after 
the date such individuals received the payment of the assistance to 
which they were not entitled, except that no single deduction may exceed 
50 per centum of the weekly benefit amount from which such deduction is 
made.
    ``(3) No repayment shall be required, and no deduction shall be 
made, until a determination has been made, notice thereof and an 
opportunity for a fair hearing has been given to the individual, and the 
determination has become final.
    ``(e) Any determination by a State agency under subsection (c) or 
(d) shall be subject to review in the same manner and to the same extent 
as determinations under the State unemployment compensation law, and 
only in that manner and to that extent.


                        ``maximum benefits amount

    ``Sec. 206. (a) Except as provided by subsection (b), the maximum 
amount of assistance under this part which an eligible individual shall 
be entitled to receive during any special unemployment assistance 
benefit year shall be 150 per centum of the maximum amount that would 
have been payable to such individual during such benefit year as 
computed under the provisions of the applicable State unemployment 
compensation law, but not exceeding thirty-nine times the weekly benefit 
payable to the individual for a week of total unemployment as determined 
under subsection (a) of section 205. For purposes of the preceding 
sentence, employment and wages which are not covered by the applicable 
State unemployment compensation law shall be treated as though they were 
covered, except that employment and wages covered by any State or 
Federal unemployment compensation law, including the Railroad 
Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to 
the extent that the individual is or was entitled to compensation for 
unemployment thereunder on the basis of such employment and wages.
    ``(b) In the case of any individual who files a claim for assistance 
under this part during a benefit year which such individual has 
established under any State unemployment compensation law, the maximum 
amount of assistance under this part which such individual shall be 
entitled to receive during the special unemployment assistance benefit 
year established pursuant to such claim (as determined under subsection 
(a) without regard to this subsection) shall be reduced by the amount of 
any unemployment compensation received during the benefit year 
established under the State unemployment compensation law.


                    ``applicable state law provisions

    ``Sec. 207. Except where inconsistent with the provisions of this 
part, the terms and conditions of the applicable State unemployment 
compensation law which apply to claims thereunder for regular 
compensation and the payment thereof shall apply to claims for 
assistance under this part and the payment thereof.


                           ``termination date

    ``Sec. 208. Notwithstanding any other provision of this part, no 
payment of assistance under this part shall be made to any individual 
with respect to any week of unemployment ending after June 30, 1978; and 
no individual shall be entitled to any assistance under this part with 
respect to any initial claim for assistance or waiting period credit 
which is effective in a week beginning after December 31, 1977.


                    ``authorization of appropriations

    ``Sec. 209. There are hereby authorized to be appropriated for 
purposes of this part such sums as may be necessary.


                              ``definitions

    ``Sec. 210. (a) As used in this part the term--
        ``(1) `Secretary' means the Secretary of Labor;
        ``(2) `State' means the States of the United States, the 
    District of Columbia, Puerto Rico, and the Virgin Islands;
        ``(3) `applicable State unemployment compensation law' means the 
    law of the State in which the individual was last employed for at 
    least five work days prior to filing a claim for assistance or 
    waiting period credit under this part;
        ``(4) `week' means a calendar week;
        ``(5) `State agency' means the agency of the State which 
    administers the program established by this part;
        ``(6) `special unemployment assistance benefit year' means the 
    benefit year as defined by the applicable State unemployment 
    compensation law; and
        ``(7) `base period' means the base period as determined under 
    the applicable State unemployment compensation law.
    ``(b) Assistance under this part shall not be considered to be 
regular compensation for purposes of qualifying for benefits under the 
Federal-State Extended Unemployment Compensation Act of 1970 [Pub. L. 
91-373, title II, set out below], and claims filed under this part shall 
not be treated as claims for weeks of unemployment for purposes of 
determining the rate of insured unemployment under section 203(f)(1) of 
such Act.
    ``(c) Employment and wages which are not covered by the State law 
may be treated, under sections 203(a)(1), 205(a), and 206(a), as though 
they were covered only if the employment--
        ``(1) is performed by an employee (as defined in section 3121(d) 
    of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], and
        ``(2) constitutes employment as determined under section 3306(c) 
    of such Code without regard to paragraphs (1) through (9), 
    (10)(B)(ii), (14), (15), and (17) of such section.
For purposes of paragraph (2), section 3306(c) of such Code shall be 
applied as if the term `United States' includes the Virgin Islands.


   ``Part B--Reimbursement for Unemployment Benefits Paid on Basis of 
                        Public Service Employment

                          ``payments to states

    ``Sec. 220. (a) Each State shall be paid by the United States with 
respect to each individual--
        ``(1) who receives compensation with respect to any benefit 
    year, and
        ``(2) whose base period wages for such benefit year include 
    public service wages.
an amount which bears the same ratio to the total amount of compensation 
paid to such individual with respect to such benefit year for weeks of 
unemployment which begin on or after January 1, 1976, as the amount of 
the public service wages included in the individual's base period wages 
bears to the total amount of the individual's base period wages.
    ``(b) Each State shall be paid, either in advance or by way of 
reimbursement, as may be determined by the Secretary, the sum that the 
Secretary estimates is payable to such State under this part for each 
calendar month. The sum shall be reduced or increased by the amount 
which the Secretary finds that his estimate for an earlier calendar 
month was greater or less than the sum which should have been paid to 
the State. Estimates shall be made on the basis of reports made by the 
State to the Secretary as prescribed by the Secretary.
    ``(c) The Secretary shall, from time to time, certify to the 
Secretary of the Treasury the sum payable to each State under this part. 
The Secretary of the Treasury, prior to audit and settlement by the 
General Accounting Office, shall pay the State in accordance with the 
certification from funds for carrying out the purposes of this part.
    ``(d) Money paid to a State under this part may be used solely for 
the purpose of paying compensation. Money so paid which is not used for 
such purpose shall be returned, at the time specified by the Secretary, 
to the Treasury of the United States and credited to current applicable 
appropriations, funds, or accounts from which payments to States under 
this part may be made.
    ``(e) In the case of any political subdivision of a State which has 
in effect an unemployment compensation program which provides for the 
payment of compensation on the basis of services performed in its 
employ, such political subdivision shall be entitled to payments under 
this part in the same manner and to the same extent as if such political 
subdivision were a State.


                         ``state law provisions

    ``Sec. 221. (a) The unemployment compensation law of any State may 
provide that any organization which elects to make payments (in lieu of 
contributions) into the State unemployment compensation fund--
        ``(1) shall not be liable to make such payments after the date 
    of the enactment of this section with respect to any compensation to 
    the extent that such State is entitled to payments with respect to 
    such compensation under this part; and
        ``(2) shall receive credit against payments required to be made 
    after such date of enactment for any such payments made on or before 
    such date of enactment to the extent that such payments were made 
    with respect to compensation for which the State is entitled to 
    receive payments under this part.
    ``(b) The unemployment compensation law of any State may, without 
being deemed to violate the standards set forth in section 3303(a) of 
the Internal Revenue Code of 1986, provide for appropriate adjustments, 
as may be determined by the Secretary, in the account of any employer 
who has paid public service wages to reflect the payments to which such 
State is entitled under this part with respect to compensation 
attributable to such wages.


                    ``authorization of appropriations

    ``Sec. 222. There are hereby authorized to be appropriated for 
purposes of this part such sums as may be necessary.


                              ``definitions

    ``Sec. 223. As used in this part, the term--
        ``(1) `State' means the States of the United States, the 
    District of Columbia, Puerto Rico, and the Virgin Islands;
        ``(2) `compensation' means cash benefits payable to individuals 
    with respect to their unemployment, except that such term shall not 
    include special unemployment assistance payable under part A;
        ``(3) `public service job' means any public service job funded 
    with assistance provided under title I of the Workforce Investment 
    Act of 1998 [29 U.S.C. 2801 et seq.];
        ``(4) `public service wages' means remuneration for services 
    performed in a public service job to the extent that such 
    remuneration is paid with funds provided under title I of the 
    Workforce Investment Act of 1998;
        ``(5) `benefit year' means the benefit year as defined by the 
    applicable State unemployment compensation law;
        ``(6) `base period' means the base period as defined by the 
    applicable State unemployment compensation law for the benefit year; 
    and
        ``(7) `Secretary' means the Secretary of Labor.


                              ``termination

    ``Sec. 224. Notwithstanding any other provision of this part, the 
term `public service wages' shall not include remuneration for services 
performed in weeks which begin after the date of the enactment of this 
section [Dec. 5, 1980].''

    [Section 602(e) of Pub. L. 94-566 provided that: ``The amendments 
made by this section [amending sections 203(a)(1), 205(a), 206(a), and 
210(a) of the Emergency Jobs and Unemployment Assistance Act of 1974, 
Pub. L. 93-567, set out above] shall apply with respect to benefit years 
beginning after December 31, 1976. In the case of any benefit year of an 
individual which begins after December 31, 1976, for purposes of 
sections 203(a)(1), 205(a), and 206(a) of the Emergency Jobs and 
Unemployment Assistance Act of 1974, there shall not be taken into 
account any employment and wages to the extent that such individual was 
entitled on the basis of such employment and wages to assistance under 
such Act during a benefit year beginning before January 1, 1977.'']
    [Section 603(b) of Pub. L. 94-566 provided that: ``The amendment 
made by subsection (a) [enacting subsec. (c) of section 203 of the 
Emergency Jobs and Unemployment Assistance Act of 1974, Pub. L. 93-567, 
set out above] shall apply to weeks of unemployment beginning after the 
date of the enactment of this Act [Oct. 20, 1976].'']
    [Section 6(c) of Pub. L. 94-444 provided that: ``The amendments made 
by this section [enacting sections 220 to 223 and amending sections 201 
to 203 and 205 to 210 of the Emergency Jobs and Unemployment Assistance 
Act of 1974, Pub. L. 93-567, set out above] shall take effect on October 
1, 1976, with respect to compensation paid for weeks of unemployment 
beginning after December 31, 1975.'']
    [Section 204(b)-(e) of Pub. L. 94-45 provided that:
    [``(b) Assistance shall be payable to individuals under agreements 
entered into by States under title II of the Emergency Jobs and 
Unemployment Assistance Act of 1974 [Pub. L. 93-567, set out above], by 
reason of the amendments made by section 201 of this Act [amending 
sections 206 and 208 of the Emergency Jobs and Unemployment Assistance 
Act of 1974], for weeks of unemployment beginning on or after July 1, 
1975.
    [``(c) The amendments made by section 202 and subsections (c) and 
(d) of section 203 [enacting sections 203(b) and 206(b) of the Emergency 
Jobs and Unemployment Assistance Act of 1974] shall apply to weeks of 
unemployment beginning after the date of the enactment of this Act [June 
30, 1975].
    [``(d) The amendment made by section 203(a) [enacting section 210(c) 
of the Emergency Jobs and Unemployment Assistance Act of 1974] shall 
take effect on December 31, 1974.
    [``(e) The amendments made by subsections (b) and (e) of section 203 
[enacting sections 205(c) to (e) and 210(a)(5) and (6) of the Emergency 
Jobs and Unemployment Assistance Act of 1974] shall take effect on the 
date of the enactment of this Act [June 30, 1974].'']


Agreements Under Special Unemployment Assistance Program To Be Modified 
 To Reflect Amendment of Program by Emergency Compensation and Special 
              Unemployment Assistance Extension Act of 1975

    Section 204(a) of Pub. L. 94-45, June 30, 1975, 89 Stat. 242, 
provided that: ``The Secretary of Labor shall, at the earliest 
practicable date after the date of the enactment of this Act [June 30, 
1975], propose to each State with which he has in effect an agreement 
under section 202 of the Emergency Jobs and Unemployment Assistance Act 
of 1974 [Pub. L. 93-567, title II, set out above] a modification of such 
agreement designed to provide for the payment of the special 
unemployment assistance allowable under such Act by reason of the 
amendments made by section 201 [amending sections 206 and 208 of the 
Emergency Jobs and Unemployment Assistance Act of 1974]. Notwithstanding 
any other provision of law, if any State fails or refuses, within the 
three-week period beginning on the date of the enactment of this Act 
[June 30, 1975], to enter into such a modification of any such 
agreement, the Secretary of Labor shall terminate such agreement.''


    Special Unemployment Assistance Programs; Individuals Performing 
            Services for Educational Institutions or Agencies

    Pub. L. 94-32, title I, Sec. 101, June 12, 1975, 89 Stat. 178, 
provided in part that: ``Funds appropriated by this Act [Second 
Supplemental Appropriations Act, 1975], or any other Act, for the 
payments of special unemployment assistance under title II of the 
Emergency Jobs and Unemployment Assistance Act of 1974 [Pub. L. 93-567, 
title II, set out above] shall not be used for making such payments of 
assistance or waiting period credit, beginning after the date of 
enactment of this Act [June 12, 1975], to any individual who performs 
services in an instructional, research, or principal administrative 
capacity for an educational institution or agency with respect to any 
week commencing during the period between two successive academic years 
(or, when the contract provides instead for a similar period between two 
regular but not successive terms, during such similar period) if--
        ``(1) such individual performed services in any such capacity 
    for any educational institution or agency for the first of such 
    academic years or terms; and
        ``(2) such individual has a contract to perform services in any 
    such capacity for any educational institution or agency for the 
    latter of such academic years or terms.''


             Emergency Unemployment Compensation Act of 1971

    Pub. L. 92-224, title II, Secs. 201-206, Dec. 29, 1971, 85 Stat. 
811-814, as amended by Pub. L. 92-329, Secs. 1, 2(e), June 30, 1972, 86 
Stat. 398; Pub. L. 93-368, Sec. 4(a), Aug. 7, 1974, 88 Stat. 420; Pub. 
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided:
    ``Sec. 201 [Short title]. This title may be cited as the `Emergency 
Unemployment Compensation Act of 1971'.
    ``Sec. 202 [Federal-State agreements]. (a) [State law requirements; 
termination of agreement] Any State, the State unemployment compensation 
law of which is approved by the Secretary of Labor (hereinafter in this 
title referred to as the `Secretary'), under section 3304 of the 
Internal Revenue Code of 1986 [formerly I.R.C. 1954], which desires to 
do so, may enter into and participate in an agreement with the Secretary 
under this title, if such State law contains (as of the date such 
agreement is entered into) a requirement that extended compensation be 
payable thereunder as provided by the Federal-State Extended 
Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II, set out 
below]. Any State which is a party to an agreement under this title may, 
upon providing 30 days' written notice to the Secretary, terminate such 
agreement.
    ``(b) [Emergency compensation] Any such agreement shall provide that 
the State agency of the State will make payments of emergency 
compensation--
        ``(1) to individuals who--
            ``(A)(i) have exhausted all rights to regular compensation 
        under the State law;
            ``(ii) have exhausted all rights to extended compensation, 
        or are not entitled thereto, because of the ending of their 
        eligibility period for extended compensation, in such State;
            ``(B) have no rights to compensation (including both regular 
        compensation and extended compensation) with respect to a week 
        under such law or any other State unemployment compensation law 
        or to compensation under any other Federal law; and
            ``(C) are not receiving compensation with respect to such 
        week under the unemployment compensation law of the Virgin 
        Islands or Canada.
        ``(2) for any week of unemployment which begins in--
            ``(A) an emergency benefit period (as defined in subsection 
        (c)(3)); and
            ``(B) the individual's period of eligibility (as defined in 
        section 205(b)).
    ``(c) [Regular and extended compensation rights, exhaustion; 
emergency benefit period; publication in Federal Register; State 
``emergency on'' and ``emergency off'' indicators; rate of unemployment 
13-week exhaustion rates] (1) For purposes of subsection (b)(1)(A), an 
individual shall be deemed to have exhausted his rights to regular 
compensation under a State law when--
        ``(A) no payments of regular compensation can be made under such 
    law because such individual has re-received all regular compensation 
    available to him based on employment or wages during his base 
    period; or
        ``(B) his rights to such compensation have been terminated by 
    reason of the expiration of the benefit year with respect to which 
    such rights existed.
    ``(2) For purposes of subsection (b)(1)(B), an individual shall be 
deemed to have exhausted his rights to extended compensation under a 
State law when no payments of extended compensation under a State law 
can be made under such law because such individual has received all the 
extended compensation available to him from his extended compensation 
account (as established under State law in accordance with section 
202(b)(1) of the Federal-State Extended Unemployment Compensation Act of 
1970 [Pub. L. 91-373, title II, Sec. 202(b)(1), set out below]).
    ``(3)(A)(i) For purposes of subsection (b)(2)(A), in the case of any 
State, an emergency benefit period--
        ``(I) shall begin with the third week after a week for which 
    there is a State `emergency on' indicator; and
        ``(II) shall end with the third week after the first week for 
    which there is a State `emergency off' indicator.
    ``(ii) In the case of any State, no emergency benefit period shall 
last for a period of less than 26 consecutive weeks.
    ``(iii) When a determination has been made that an emergency benefit 
period is beginning or ending with respect to any State, the Secretary 
shall cause notice of such determination to be published in the Federal 
Register.
    ``(B)(i) For purposes of subparagraph (A), there is a State 
`emergency on' indicator for a week if--
        ``(I) the rate of unemployment (as determined under subparagraph 
    (C)) in the State for the period consisting of such week and the 
    immediately preceding 12 weeks equaled or exceeded 6.5 per centum; 
    and
        ``(II) there (a) is a State or National `on' indicator for such 
    week (as determined under subsections (d) and (e) of section 203 of 
    the Federal-State Extended Unemployment Compensation Act of 1970 
    [Pub. L. 91-373, title II, Sec. 203(d), (e), set out below], or (b) 
    there is neither a State nor National `on' indicator for such week 
    (as so determined), but (1) within the 52-week period ending with 
    such week there has been a State or National `on' indicator for a 
    week (as so determined), and (2) there would be a State `on' 
    indicator for such week except for the provisions of section 
    203(e)(1)(A) of the Federal-State Extended Unemployment Compensation 
    Act of 1970.
    ``(ii) For purposes of subparagraph (A), there is a State `emergency 
off' indicator for a week if, for the period consisting of such week and 
the immediately preceding 12 weeks, the rate of unemployment (as 
determined under subparagraph (C)) is less than 6.5 per centum.
    ``(C)(i) For purposes of subparagraph (B), the term `rate of 
unemployment' means--
        ``(I) the rate of insured unemployment (as determined under 
    section 203(f) of the Federal-State Extended Unemployment 
    Compensation Act of 1970 [Pub. L. 91-373, title II, Sec. 203(f), set 
    out below]), plus
        ``(II) the 13-week exhaustion rate (as determined under clause 
    (ii)).
    ``(ii) The `13-week exhaustion rate' is the percentage arrived at by 
dividing--
        ``(I) 25 per centum of the sum of the exhaustions, during the 
    most recent 12 calendar months ending before the week with respect 
    to which such rate is computed, of regular compensation under the 
    State law, by
        ``(II) the average monthly covered employment (as that term is 
    used in section 203(f) of the Federal-State Extended Unemployment 
    Compensation Act of 1970 [Pub. L. 91-373, title II, Sec. 203(f), set 
    out below]) of the State with respect to the 13-week period referred 
    to in subparagraph (B)(ii).
    ``(d) [Amount of emergency compensation; terms and conditions of 
State law for regular compensation] For purposes of any agreement under 
this title--
        ``(1) the amount of the emergency compensation which shall be 
    payable to any individual for any week of total unemployment shall 
    be equal to the amount of the regular compensation (including 
    dependents' allowances) payable to him during his benefit year under 
    the State law; and
        ``(2) the terms and conditions of the State law which apply to 
    claims for regular compensation and to the payment thereof shall 
    (except where inconsistent with the provisions of this title or 
    regulations of the Secretary promulgated to carry out this title) 
    apply to claims for emergency compensation and the payment thereof.
    ``(e) [Emergency compensation account] (1) Any agreement under this 
title with a State shall provide that the State will establish, for each 
eligible individual who files an application for emergency compensation, 
an emergency compensation account.
    ``(2) The amount established in such account for any individual 
shall be equal to the lesser of--
        ``(A) 50 per centum of the total amount of regular compensation 
    (including dependents allowances) payable to him with respect to the 
    benefit year (as determined under the State law) on the basis of 
    which he most recently received regular compensation; or
        ``(B) thirteen times his average weekly benefit amount (as 
    determined for purposes of section 202(b)(1)(C) of the Federal-State 
    Extended Unemployment Compensation Act of 1970 [Pub. L. 91-373, 
    title II, Sec. 202(b)(1)(C), set out below]) for his benefit year.
    ``(f) [Effective dates] No emergency compensation shall be payable 
to any individual under an agreement entered into under this title for 
any week prior to the week following the week in which such agreement is 
entered into, or if later, the first week beginning more than 30 days 
after the date of enactment of this Act [Dec. 29, 1971]. No emergency 
compensation shall be payable to any individual under such an agreement 
for any week ending after--
        ``(1) December 31, 1972, or
        ``(2) March 31, 1973, in the case of an individual who (for a 
    week ending before January 1, 1973) had a week with respect to which 
    emergency compensation was payable under such agreement.
    ``Sec. 203. [Payments to States having agreements for the payment of 
emergency compensation]. (a) [Amount payable] There shall be paid to 
each State which has entered into an agreement under this title an 
amount equal to 100 per centum of the emergency compensation paid to 
individuals by the State pursuant to such agreement.
    ``(b) [Limitation] No payment shall be made to any State under this 
section in respect of compensation for which the State is entitled to 
reimbursement under the provisions of any Federal law other than this 
title.
    ``(c) [Calendar month basis; advances, reimbursement, and 
adjustments; method for estimates] Sums payable to any State by reason 
of such State's having an agreement under this title shall be payable, 
either in advance or by way of reimbursement (as may be determined by 
the Secretary), in such amounts as the Secretary estimates the State 
will be entitled to receive under this title 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 would have been paid to the 
State. Such estimates may be made on the basis of such statistical, 
sampling, or other method as may be agreed upon by the Secretary and the 
State agency of the State involved.
    ``Sec. 204 [Financing provisions]. (a) [Use of extended unemployment 
compensation account funds; certification] (1) Funds in the extended 
unemployment compensation account (as established by section 905 of the 
Social Security Act) [42 U.S.C. 1105] of the Unemployment Trust Fund 
shall be used for the making of payments to States having agreements 
entered into under this title.
    ``(2) 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 title. The Secretary of the Treasury, prior to audit or 
settlement by the General Accounting Office, shall make payments to the 
State in accordance with such certification, by transfers from the 
extended unemployment compensation account (as established by section 
905 of the Social Security Act) [42 U.S.C. 1105] to the account of such 
State in the Unemployment Trust Fund.
    ``(b) [Authorization of appropriations; repayment of advances 
without interest] There are hereby authorized to be appropriated, 
without fiscal year limitation, to the extended unemployment 
compensation account, as repayable advances (without interest), such 
sums as may be necessary to carry out the purposes of this title. 
Amounts appropriated as repayable advances and paid to the States under 
section 203 shall be repaid, without interest, as provided in section 
905(d) of the Social Security Act [42 U.S.C. 1105(d)].
    ``(c) [Subsec. (c) of section 204 enacted par. (3) of 42 U.S.C. 
1103(b)].
    ``Sec. 205 [Definitions]. For purposes of this title--
    ``(a) the terms `compensation', `regular compensation', `extended 
compensation', `base period', `benefit year', `State', `State agency', 
`State law', and `week' shall have the meanings assigned to them under 
section 205 of the Federal-State Extended Unemployment Compensation Act 
of 1970 [Pub. L. 91-373, title II, Sec. 205, set out below].
    ``(b) the term `period of eligibility' means, in the case of any 
individual, the weeks in his benefit year which begin in an extended 
benefit period or an emergency benefit period and, if his benefit year 
ends within such extended benefit period, any weeks thereafter which 
begin in such extended benefit period or in such emergency benefit 
period; and
    ``(c) the term `extended benefit period' shall have the meaning 
assigned to such term under section 203 of the Federal-State Extended 
Unemployment Compensation Act of 1970 [Pub. L. 91-373, title II, 
Sec. 203, set out below]. For purposes of any State law which refers to 
an extension under Federal law of the duration of benefits under the 
Federal-State Extended Unemployment Compensation Act of 1970, this title 
shall be treated as amendatory of such Act.
    ``Sec. 206 [Report by Secretary of Labor]. (a) The Secretary of 
Labor shall conduct a comprehensive study and review of the program 
established by the Emergency Unemployment Compensation Act of 1971, with 
a view to submitting to the Congress the report required to be submitted 
under subsection (b). Such study and review shall be conducted with 
particular regard to (1) the benefit payments made under such program, 
(2) projections of benefit payments which will be payable under such 
program after the period covered by such report, (3) the desirability of 
continuing such program after the period prescribed in section 202(f), 
and (4) the funding of the benefits payable under such program and the 
funding of benefits thereunder if such program should be continued after 
the period prescribed in section 202(f).
    ``(b) On or before May 1, 1972, the Secretary of Labor shall submit 
to the Congress a full and complete report on the study and review 
provided for in subsection (a). Such report shall cover the period 
ending March 31, 1972, and shall contain the recommendations of the 
Secretary of Labor with respect to such program, including but not 
limited to, the operation and funding of such program, and the 
desirability of extending such program after the period prescribed in 
section 202(f).''


      Federal-State Extended Unemployment Compensation Act of 1970

    Pub. L. 91-373, title II, Secs. 201-207, Aug. 10, 1970, 84 Stat. 
708-712, as amended by Pub. L. 92-599, title V, Sec. 501, Oct. 27, 1972, 
86 Stat. 1326; Pub. L. 93-53, Sec. 5, July 1, 1973, 87 Stat. 137; Pub. 
L. 93-233, Sec. 20, Dec. 31, 1973, 87 Stat. 974; Pub. L. 93-256, Sec. 2, 
Mar. 28, 1974, 88 Stat. 53; Pub. L. 93-329, Sec. 2, June 30, 1974, 88 
Stat. 288; Pub. L. 93-368, Sec. 3, Aug. 7, 1974, 88 Stat. 420; Pub. L. 
93-572, Secs. 106-108, Dec. 31, 1974, 88 Stat. 1872; Pub. L. 94-45, 
title I, Sec. 102(b), June 30, 1975, 89 Stat. 238; Pub. L. 94-566, title 
I, Sec. 116(d)(1), (2), title II, Sec. 212(a), title III, Sec. 311(a), 
(b), Oct. 20, 1976, 90 Stat. 2672, 2677, 2678; Pub. L. 96-364, title IV, 
Sec. 416(a), Sept. 26, 1980, 94 Stat. 1310; Pub. L. 96-499, title X, 
Secs. 1022(a), 1024(a), Dec. 5, 1980, 94 Stat. 2656, 2658; Pub. L. 97-
35, title XXIV, Secs. 2401(a), (b), 2402(a), 2403(a), 2404(a), (b), 
title XXV, Sec. 2505(b), Aug. 13, 1981, 95 Stat. 874, 875, 876, 884; 
Pub. L. 97-248, title I, Sec. 191(a), Sept. 3, 1982, 96 Stat. 407; Pub. 
L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1081; Pub. L. 98-
21, title V, Sec. 522(a), Apr. 20, 1983, 97 Stat. 148; Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102-318, title II, 
Secs. 201, 202(a)(1), (b)(1), July 3, 1992, 106 Stat. 295, 296, 
provided:
    ``Sec. 201. [Short Title] This title may be cited as the `Federal-
State Extended Unemployment Compensation Act of 1970'.
    ``Sec. 202. [Payment of Extended Compensation]
    ``(a) [State Law Requirements] (1) For purposes of section 
3304(a)(11) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], 
a State law shall provide the payment of extended compensation shall be 
made, for any week of unemployment which begins in the individual's 
eligibility period, to individuals who have exhausted all rights to 
regular compensation under the State law and who have no rights to 
regular compensation with respect to such week under such law or any 
other State unemployment compensation law or to compensation under any 
other Federal law and are not receiving compensation with respect to 
such week under the unemployment compensation law of Canada. For 
purposes of the preceding sentence, an individual shall have exhausted 
his rights to regular compensation under a State law (A) when no 
payments of regular compensation can be made under such law because such 
individual has received all regular compensation available to him based 
on employment or wages during his base period, or (B) when his rights to 
such compensation have terminated by reason of the expiration of the 
benefit year with respect to which such rights existed.
    ``(2) Except where inconsistent with the provisions of this title, 
the terms and conditions of the State law which apply to claims for 
regular compensation and to the payment thereof shall apply to claims 
for extended compensation and to the payment thereof.
    ``(3)(A) Notwithstanding the provisions of paragraph (2), payment of 
extended compensation under this Act [see Short Title of 1970 Amendment 
note set out under section 3311 of this title] shall not be made to any 
individual for any week of unemployment in his eligibility period--
        ``(i) during which he fails to accept any offer of suitable work 
    (as defined in subparagraph (c) [probably means subpar. (C)]) or 
    fails to apply for any suitable work to which he was referred by the 
    State agency; or
        ``(ii) during which he fails to actively engage in seeking work, 
    unless such individual is not actively engaged in seeking work 
    because such individual is, as determined in accordance with State 
    law--
            ``(I) before any court of the United States or any State 
        pursuant to a lawfully issued summons to appear for jury duty 
        (as such term may be defined by the Secretary of Labor), or
            ``(II) hospitalized for treatment of an emergency or a life-
        threatening condition (as such term may be defined by such 
        Secretary),
    if such exemptions in clauses (I) and (II) apply to recipients of 
    regular benefits, and the State chooses to apply such exemptions for 
    recipients of extended benefits.
    ``(B) If any individual is ineligible for extended compensation for 
any week by reason of a failure described in clause (i) or (ii) of 
subparagraph (A), the individual shall be ineligible to receive extended 
compensation for any week which begins during a period which--
        ``(i) begins with the week following the week in which such 
    failure occurs, and
        ``(ii) does not end until such individual has been employed 
    during at least 4 weeks which begin after such failure and the total 
    of the remuneration earned by the individual for being so employed 
    is not less than the product of 4 multiplied by the individual's 
    average weekly benefit amount (as determined for purposes of 
    subsection (b)(1)(c) [probably means subsec. (b)(1)(C)]) for his 
    benefit year.
    ``(C) For purposes of this paragraph, the term `suitable work' 
means, with respect to any individual, any work which is within such 
individual's capabilities; except that, if the individual furnishes 
evidence satisfactory to the State agency that such individual's 
prospects for obtaining work in his customary occupation within a 
reasonably short period are good, the determination of whether any work 
is suitable work with respect to such individual shall be made in 
accordance with the applicable State law.
    ``(D) Extended compensation shall not be denied under clause (i) of 
subparagraph (A) to any individual for any week by reason of a failure 
to accept an offer of, or apply for, suitable work--
        ``(i) if the gross average weekly remuneration payable to such 
    individual for the position does not exceed the sum of--
            ``(I) the individual's average weekly benefit amount (as 
        determined for purposes of subsection (b)(1)(C)) for his benefit 
        year, plus
            ``(II) the amount (if any) of supplemental unemployment 
        compensation benefits (as defined in section 501(c)(17)(D) of 
        the Internal Revenue Code of 1986) payable to such individual 
        for such week;
        ``(ii) if the position was not offered to such individual in 
    writing and was not listed with the State employment service;
        ``(iii) if such failure would not result in a denial of 
    compensation under the provisions of the applicable State law to the 
    extent that such provisions are not inconsistent with the provisions 
    of subparagraphs (C) and (E); or
        ``(iv) if the position pays wages less than the higher of--
            ``(I) the minimum wage provided by section 6(a)(1) of the 
        Fair Labor Standards Act of 1938 [29 U.S.C. 206(a)(1)], without 
        regard to any exemption; or
            ``(II) any applicable State or local minimum wage.
    ``(E) For purposes of this paragraph, an individual shall be treated 
as actively engaged in seeking work during any week if--
        ``(i) the individual has engaged in a systematic and sustained 
    effort to obtain work during such week, and
        ``(ii) the individual provides tangible evidence to the State 
    agency that he has engaged in such an effort during such week.
    ``(F) For purposes of section 3304(a)(11) of the Internal Revenue 
Code of 1986, a State law shall provide for referring applicants for 
benefits under this Act [see Short Title of 1970 Amendment note set out 
under section 3311 of this title] to any suitable work to which clauses 
(i), (ii), (iii), and (iv) of subparagraph (D) would not apply.
    ``(4) No provision of State law which terminates a disqualification 
for voluntarily leaving employment, being discharged for misconduct, or 
refusing suitable employment shall apply for purposes of determining 
eligibility for extended compensation unless such termination is based 
upon employment subsequent to the date of such disqualification.
    ``(5) Notwithstanding the provisions of paragraph (2), an individual 
shall not be eligible for extended compensation unless, in the base 
period with respect to which the individual exhausted all rights to 
regular compensation under the State law, the individual had 20 weeks of 
full-time insured employment, or the equivalent in insured wages. For 
purposes of this paragraph, the equivalent in insured wages shall be 
earnings covered by the State law for compensation purposes which exceed 
40 times the individual's most recent weekly benefit amount or 1\1/2\ 
times the individual's insured wages in that calendar quarter of the 
base period in which the individual's insured wages were the highest (or 
one such quarter if his wages were the same for more than one such 
quarter). The State shall by law provide which one or more of the 
foregoing methods of measuring employment and earnings shall be used in 
that State.
    ``(6) No payment shall be made under this Act [see Short Title of 
1970 Amendment note set out under section 3311 of this title] to any 
State in respect of any extended compensation or sharable regular 
compensation paid to any individual for any week if, under the rules of 
paragraphs (3), (4), and (5), extended compensation would not have been 
payable to such individual for such week.
    ``(7) Paragraphs (3) and (4) shall not apply to weeks of 
unemployment beginning after March 6, 1993, and before January 1, 1995, 
and no provision of State law in conformity with such paragraphs shall 
apply during such period.
    ``(b) [Individual's Compensation Accounts] (1) The State law shall 
provide that the State will establish, for each eligible individual who 
files an application therefor, an extended compensation account with 
respect to such individual's benefit year. The amount established in 
such account shall be not less than whichever of the following is the 
least:
        ``(A) 50 per centum of the total amount of regular compensation 
    (including dependents' allowances) payable to him during such 
    benefit year under such law,
        ``(B) thirteen times his average weekly benefit amount, or
        ``(C) thirty-nine times his average weekly benefit amount, 
    reduced by the regular compensation paid (or deemed paid) to him 
    during such benefit year under such law;
except that the amount so determined shall (if the State law so 
provides) be reduced by the aggregate amount of additional compensation 
paid (or deemed paid) to him under such law for prior weeks of 
unemployment in such benefit year which did not begin in an extended 
benefit period.
    ``(2) For purposes of paragraph (1), an individual's weekly benefit 
amount for a week is the amount of regular compensation (including 
dependents' allowances) under the State law payable to such individual 
for such week for total unemployment.
    ``(3)(A) Effective with respect to weeks beginning in a high 
unemployment period, paragraph (1) shall be applied by substituting--
        ``(i) `80 per centum' for `50 per centum' in subparagraph (A),
        ``(ii) `twenty' for `thirteen' in subparagraph (B), and
        ``(iii) `forty-six' for `thirty-nine' in subparagraph (C).
    ``(B) For purposes of subparagraph (A), the term `high unemployment 
period' means any period during which an extended benefit period would 
be in effect if section 203(f)(1)(A)(i) were applied by substituting `8 
percent' for `6.5 percent'.
    ``(c) [Cessation of Extended Benefits When Paid Under an Interstate 
Claim in a State Where Extended Benefit Period Is Not in Effect] (1) 
Except as provided in paragraph (2), payment of extended compensation 
shall not be made to any individual for any week if--
        ``(A) extended compensation would (but for this subsection) have 
    been payable for such week pursuant to an interstate claim filed in 
    any State under the interstate benefit payment plan, and
        ``(B) an extended benefit period is not in effect for such week 
    in such State.
    ``(2) Paragraph (1) shall not apply with respect to the first 2 
weeks for which extended compensation is payable (determined without 
regard to this subsection) pursuant to an interstate claim filed under 
the interstate benefit payment plan to the individual from the extended 
compensation account established for the benefit year.
    ``(3) Section 3304(a)(9)(A) of the Internal Revenue Code of 1986 
shall not apply to any denial of compensation required under this 
subsection.
    ``Sec. 203. [Extended Benefit Period]
    ``(a) [Beginning and Ending] For purposes of this title, in the case 
of any State, an extended benefit period--
        ``(1) shall begin with the third week after the first week for 
    which there is a State `on' indicator; and
        ``(2) shall end with the third week after the first week for 
    which there is a State `off' indicator.
    ``(b) [Special Rules] (1) In the case of any State--
        ``(A) no extended benefit period shall last for a period of less 
    than thirteen consecutive weeks, and
        ``(B) no extended benefit period may begin before the fourteenth 
    week after the close of a prior extended benefit period with respect 
    to such State.
    ``(2) When a determination has been made that an extended benefit 
period is beginning or ending with respect to a State, the Secretary 
shall cause notice of such determination to be published in the Federal 
Register.
    ``(c) [Eligibility Period] For purposes of this title, an 
individual's eligibility period under the State law shall consist of the 
weeks in his benefit year which begin in an extended benefit period and, 
if his benefit year ends within such extended benefit period, any weeks 
thereafter which begin in such extended benefit period.
    ``(d) [State `On' and `Off' Indicators] For purposes of this 
section--
        ``(1) There is a State `on' indicator for a week if the rate of 
    insured unemployment under the State law for the period consisting 
    of such week and the immediately preceding twelve weeks--
            ``(A) equaled or exceeded 120 per centum of the average of 
        such rates for the corresponding thirteen-week period ending in 
        each of the preceding two calendar years, and
            ``(B) equaled or exceeded 5 per centum.
        ``(2) There is a State `off' indicator for a week if, for the 
    period consisting of such week and the immediately preceding twelve 
    weeks, either subparagraph (A) or subparagraph (B) of paragraph (1) 
    is not satisfied.
Effective with respect to compensation for weeks of unemployment 
beginning after March 30, 1977 (or, if later, the date established 
pursuant to State law), the State may by law provide that the 
determination of whether there has been a State `on' or `off' indicator 
beginning or ending any extended benefit period shall be made under this 
subsection as if (i) paragraph (1) did not contain subparagraph (A) 
thereof, and (ii) the figure `5' contained in subparagraph (B) thereof 
were `6'; except that, notwithstanding any such provision of State law, 
any week for which there would otherwise be a State `on' indicator shall 
continue to be such a week and shall not be determined to be a week for 
which there is a State `off' indicator. For purposes of this subsection, 
the rate of insured unemployment for any thirteen-week period shall be 
determined by reference to the average monthly covered employment under 
the State law for the first four of the most recent six calendar 
quarters ending before the close of such period.
    ``(e) [Rate of Insured Unemployment; Covered Employment] (1) For 
purposes of subsection (d), the term `rate of insured unemployment' 
means the percentage arrived at by dividing--
        ``(A) the average weekly number of individuals filing claims for 
    regular compensation for weeks of unemployment with respect to the 
    specified period, as determined on the basis of the reports made by 
    the State agency to the Secretary, by
        ``(B) the average monthly covered employment for the specified 
    period.
    ``(2) Determinations under subsection (d) shall be made by the State 
agency in accordance with regulations prescribed by the Secretary.
    ``(f) [Alternative Trigger] (1) Effective with respect to 
compensation for weeks of unemployment beginning after March 6, 1993, 
the State may by law provide that for purposes of beginning or ending 
any extended benefit period under this section--
        ``(A) there is a State `on' indicator for a week if--
            ``(i) the average rate of total unemployment in such State 
        (seasonally adjusted) for the period consisting of the most 
        recent 3 months for which data for all States are published 
        before the close of such week equals or exceeds 6.5 percent, and
            ``(ii) the average rate of total unemployment in such State 
        (seasonally adjusted) for the 3-month period referred to in 
        clause (i) equals or exceeds 110 percent of such average rate 
        for either (or both) of the corresponding 3-month periods ending 
        in the 2 preceding calendar years; and
        ``(B) there is a State `off' indicator for a week if either the 
    requirements of clause (i) or clause (ii) of subparagraph (A) are 
    not satisfied.
Notwithstanding the provision of any State law described in this 
paragraph, any week for which there would otherwise be a State `on' 
indicator shall continue to be such a week and shall not be determined 
to be a week for which there is a State `off' indicator.
    ``(2) For purposes of this subsection, determinations of the rate of 
total unemployment in any State for any period (and of any seasonal 
adjustment) shall be made by the Secretary.
    ``Sec. 204. [Payments to States]
    ``(a) [Amount Payable] (1) There shall be paid to each State an 
amount equal to one-half of the sum of--
        ``(A) the sharable extended compensation, and
        ``(B) the sharable regular compensation,
paid to individuals under the State law.
    ``(2) No payment shall be made to any State under this subsection in 
respect of compensation (A) for which the State is entitled to 
reimbursement under the provisions of any Federal law other than this 
Act, (B) paid for the first week in an individual's eligibility period 
for which extended compensation or sharable regular compensation is 
paid, if the State law of such State provides for payment (at any time 
or under any circumstances) of regular compensation to an individual for 
his first week of otherwise compensable unemployment, (C) paid for any 
week with respect to which such benefits are not payable by reason of 
section 233(d) of the Trade Act of 1974 [19 U.S.C. 2293(d)], or (D) paid 
to an individual with respect to a week of unemployment to the extent 
that such amount exceeds the amount of such compensation which would be 
paid to such individual if such State had a benefit structure which 
provided that the amount of compensation otherwise payable to any 
individual for any week shall be rounded (if not a full dollar amount) 
to the nearest lower full dollar amount.
    ``(3) The amount which, but for this paragraph, would be payable 
under this subsection to any State in respect of any compensation paid 
to an individual whose base period wages include wages for services to 
which section 3306(c)(7) of the Internal Revenue Code of 1986 applies 
shall be reduced by an amount which bears the same ratio to the amount 
which, but for this paragraph, would be payable under this subsection to 
such State in respect of such compensation as the amount of the base 
period wages attributable to such services bears to the total amount of 
the base period wages.
    ``(b) [Sharable Extended Compensation] For purposes of subsection 
(a)(1)(A), extended compensation paid to an individual for weeks of 
unemployment in such individual's eligibility period is sharable 
extended compensation to the extent that the aggregate extended 
compensation paid to such individual with respect to any benefit year 
does not exceed the smallest of the amounts referred to in subparagraphs 
(A), (B), and (C) of section 202(b)(1).
    ``(c) [Sharable Regular Compensation] For purposes of subsection 
(a)(1)(B), regular compensation paid to an individual for a week of 
unemployment is sharable regular compensation--
        ``(1) if such week is in such individual's eligibility period 
    (determined under section 203(c)), and
        ``(2) to the extent that the sum of such compensation, plus the 
    regular compensation paid (or deemed paid) to him with respect to 
    prior weeks of unemployment in the benefit year, exceeds twenty-six 
    times (and does not exceed thirty-nine, forty-six in any case where 
    section 202(b)(3)(A) applies[,] times) the average weekly benefit 
    amount (including allowances for dependents) for weeks of total 
    unemployment payable to such individual under the State law in such 
    benefit year.
    ``(d) [Payment on Calendar Month Basis] There shall be paid to each 
State either in advance or by way of reimbursement, as may be determined 
by the Secretary, such sum as the Secretary estimates the State will be 
entitled to receive under this title for each calendar month, reduced or 
increased, as the case may be, by any sum 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 upon the basis of such statistical, sampling, or 
other method as may be agreed upon by the Secretary and the State 
agency.
    ``(e) [Certification] The Secretary shall from time to time certify 
to the Secretary of the Treasury for payment to each State the sums 
payable to such State under this section. The Secretary of the Treasury, 
prior to audit or settlement by the General Accounting Office, shall 
make payment to the State in accordance with such certification, by 
transfers from the extended unemployment compensation account to the 
account of such State in the Unemployment Trust Fund.
    ``Sec. 205. [Definitions] For purposes of this title--
        ``(1) The term `compensation' means cash benefits payable to 
    individuals with respect to their unemployment.
        ``(2) The term `regular compensation' means compensation payable 
    to an individual under any State unemployment compensation law 
    (including compensation payable pursuant to 5 U.S.C. chapter 85), 
    other than extended compensation and additional compensation.
        ``(3) The term `extended compensation' means compensation 
    (including additional compensation and compensation payable pursuant 
    to 5 U.S.C. chapter 85) payable for weeks of unemployment beginning 
    in an extended benefit period to an individual under those 
    provisions of the State law which satisfy the requirements of this 
    title with respect to the payment of extended compensation.
        ``(4) The term `additional compensation' means compensation 
    payable to exhaustees by reason of conditions of high unemployment 
    or by reason of other special factors.
        ``(5) The term `benefit year' means the benefit year as defined 
    in the applicable State law.
        ``(6) The term `base period' means the base period as determined 
    under applicable State law for the benefit year.
        ``(7) The term `Secretary' means the Secretary of Labor of the 
    United States.
        ``(8) The term `State' includes the District of Columbia, the 
    Commonwealth of Puerto Rico, and the Virgin Islands.
        ``(9) The term `State agency' means the agency of the State 
    which administers its State law.
        ``(10) The term `State law' means the unemployment compensation 
    law of the State, approved by the Secretary under section 3304 of 
    the Internal Revenue Code of 1986.
        ``(11) The term `week' means a week as defined in the applicable 
    State law.
    ``Sec. 206. [Approval of State Laws] [This section amended section 
3304(a) of the Internal Revenue Code by adding par. (11) thereof.]
    ``Sec. 207. [Effective Dates] (a) Except as provided in subsection 
(b)--
        ``(1) in applying section 203, no extended benefit period may 
    begin with a week beginning before January 1, 1972; and
        ``(2) section 204 shall apply only with respect to weeks of 
    unemployment beginning after December 31, 1971.
    ``(b)(1) In the case of a State law approved under section 
3304(a)(11) of the Internal Revenue Code of 1986, such State law may 
also provide that an extended benefit period may begin with a week 
established pursuant to such law which begins earlier than January 1, 
1972, but not earlier than 60 days after the date of the enactment of 
this Act [Aug. 10, 1970].
    ``(2) For purposes of paragraph (1) with respect to weeks beginning 
before January 1, 1972, the extended benefit period for the State shall 
be determined under section 203(a) solely by reference to the State `on' 
indicator and the State `off' indicator.
    ``(3) In the case of a State law containing a provision described in 
paragraph (1), section 204 shall also apply with respect to weeks of 
unemployment in extended benefit periods determined pursuant to 
paragraph (1).
    ``(c) Section 3304(a)(11) of the Internal Revenue Code of 1986 (as 
added by section 206) shall not be a requirement for the State law of 
any State--
        ``(1) in the case of any State the legislature of which does not 
    meet in a regular session which closes during the calendar year 
    1971, with respect to any week of unemployment which begins prior to 
    July 1, 1972; or
        ``(2) in the case of any other State, with respect to any week 
    of unemployment which begins prior to January 1, 1972.''

    [Section 202(a)(2) of Pub. L. 102-318 provided that:
    [``(A) In general.--Notwithstanding any other provision of law, the 
amendment made by paragraph (1) [amending section 202(a)(5) of Pub. L. 
91-373, set out above] shall apply for purposes of extended unemployment 
compensation and emergency unemployment compensation to weeks of 
unemployment beginning on or after the date of the enactment of this Act 
[July 3, 1992].
    [``(B) Waiver of recovery of certain overpayments.--On and after the 
date of the enactment of this Act, no repayment of any emergency 
unemployment compensation shall be required under section 105 of the 
Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as 
amended [set out above]) if the individual would have been entitled to 
receive such compensation had the amendment made by paragraph (1) 
applied to all weeks beginning before the date of the enactment of this 
Act.'']
    [Section 522(b) of Pub. L. 98-21 provided that: ``The amendment made 
by this section [amending section 202(a)(3)(A)(ii) of Pub. L. 91-373, 
set out above] shall become effective on the date of the enactment of 
this Act [Apr. 20, 1983].'']
    [Section 191(b) of Pub. L. 97-248 provided that:
    [``(1) Except as provided in paragraph (2), the amendments made by 
this section [amending section 204(a)(2) of Pub. L. 91-373, set out 
above] shall apply in the case of compensation paid to individuals 
during eligibility periods beginning on or after October 1, 1983.
    [``(2) In the case of a State with respect to which the Secretary of 
Labor has determined that State legislation is required in order to 
provide for rounding down of unemployment compensation amounts, the 
amendment made by this section [amending section 204(a)(2) of Pub. L. 
91-373, set out above] shall apply in the case of compensation paid to 
individuals during eligibility periods which begin on or after October 
1, 1983, and after the end of the first session of the State legislature 
which begins after the date of the enactment of this Act [Sept. 3, 
1982], or which began prior to the date of the enactment of this Act and 
remained in session for at least twenty-five calendar days after such 
date of enactment. For purposes of the preceding sentence, the term 
`session' means a regular, special, budget, or other session of a State 
legislature.'']
    [Section 2401(c) of Pub. L. 97-35 provided that: ``The amendments 
made by this section [amending sections 203 and 204(a)(3), (4) of Pub. 
L. 91-373, set out above] shall apply to weeks beginning after the date 
of the enactment of this Act [Aug. 13, 1981].'']
    [Section 2402(b) of Pub. L. 97-35 provided that: ``The amendment 
made by subsection (a) [amending section 203(e)(1)(A) of Pub. L. 91-373, 
set out above] shall apply for purposes of determining whether there are 
State `on' or `off' indicators for weeks beginning after the date of the 
enactment of this Act [Aug. 13, 1981]. For purposes of making such 
determinations for such weeks, such amendment shall be deemed to be in 
effect for all weeks whether beginning before, on, or after such date of 
enactment.'']
    [Section 2403(b) of Pub. L. 97-35 provided that: ``The amendments 
made by subsection (a) [amending section 203(d) of Pub. L. 91-373, set 
out above] shall apply to weeks beginning after September 25, 1982.'']
    [Section 2404(c) of Pub. L. 97-34 provided that: ``The amendments 
made by this section [amending section 202(a)(5), (6) of Pub. L. 91-373, 
set out above] shall apply with respect to extended compensation and 
sharable regular compensation payable for weeks which begin after 
September 25, 1982.'']
    [Amendment by sections 2401-2404 of Pub. L. 97-35 (amending Pub. L. 
91-373, set out above) required to be included in State unemployment 
compensation laws for purposes of certifications, see section 2408(b) of 
Pub. L. 97-35, set out above.]
    [Amendment by section 2505(b) of Pub. L. 97-35 (amending section 
204(a)(2)(C) of Pub. L. 91-373, set out above) applicable to allowances 
payable for weeks of unemployment which begin after Sept. 30, 1981, and 
transitional provisions applicable, see section 2514 of Pub. L. 97-35, 
set out as an Effective Date of 1981 Amendment and Transitional 
Provisions note under section 2291 of Title 19, Customs Duties.]
    [Section 1022(b) of Pub. L. 96-499 provided that:
    [``(1) Except as provided in paragraph (2), the amendments made by 
this section [amending section 204(a)(2) of Pub. L. 91-373, set out 
above] shall apply in the case of compensation paid to individuals 
during eligibility periods beginning on or after the date of the 
enactment of this Act [Dec. 5, 1980].
    [``(2) In the case of a State with respect to which the Secretary of 
Labor has determined that State legislation is required in order to 
eliminate its current policy of paying regular compensation to an 
individual for his first week of otherwise compensable unemployment, the 
amendments made by this section [amending section 204(a)(2) of Pub. L. 
91-373, set out above] shall apply in the case of compensation paid to 
individuals during eligibility periods beginning after the end of the 
first regularly scheduled session of the State legislature ending more 
than thirty days after the date of the enactment of this Act [Dec. 5, 
1980].'']
    [Section 1024(b) of Pub. L. 96-499 provided that: ``The amendment 
made by this section [amending section 202(a) of Pub. L. 91-373, set out 
above] shall apply with respect to weeks of unemployment beginning after 
March 31, 1981.'']
    [Section 416(b) of Pub. L. 96-364, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
        [``(1) In general.--The amendment made by subsection (a) 
    [amending subsec. 202(c) of Pub. L. 91-373, set out above] shall 
    apply to weeks of unemployment beginning after October 1, 1980; 
    except that such amendment shall not be a requirement of any State 
    law under section 3304(a)(11) of the Internal Revenue Code of 1986 
    [formerly I.R.C. 1954] for any week which begins before June 1, 
    1981.
        [``(2) Special rule for certain states.--In the case of any 
    State the legislature of which does not meet in a regular session 
    which begins during calendar year 1981 and before April 1, 1981, 
    paragraph (1) shall be applied by substituting `June 1, 1982' for 
    `June 1, 1981'.'']
    [Section 116(f)(1) of Pub. L. 94-566, set out as an Effective Date 
of 1976 Amendment note above, provided in part that the deletion of 
``the Virgin Islands or'' from section 202(a)(1) of Pub. L. 91-373, set 
out above, and the insertion of ``and the Virgin Islands'' in section 
205(8) thereof shall take effect on the later of Oct. 1, 1976, or the 
day after the day on which the Secretary of Labor approves under section 
3304(a) of this title an unemployment compensation law submitted to him 
by the Virgin Islands for approval.]
    [Section 212(b) of Pub. L. 94-566 provided that: ``The amendment 
made by this section [enacting section 204(a)(4) of Pub. L. 91-373, set 
out above] shall apply with respect to compensation paid for weeks of 
unemployment beginning on or after January 1, 1979.'']
    [Section 311(c) of Pub. L. 94-566 provided that: ``The amendment 
made by subsection (a) of this section [amending section 203(d) of Pub. 
L. 91-373, set out above] shall apply to weeks beginning after December 
31, 1976, and the amendments made by subsection (b) of this section 
[amending section 203(e) of Pub. L. 91-373, set out above] shall apply 
to weeks beginning after March 30, 1977.'']


 Study and Report by Secretary of Labor Covering Emergency Unemployment 
Compensation Program and Special Unemployment Assistance Program; Report 
                        On or Before Jan. 1, 1977

    Section 104 of Pub. L. 94-45, June 30, 1975, 89 Stat. 238, provided 
that: ``The Secretary of Labor shall conduct a study and review of the 
program established by the Emergency Unemployment Compensation Act of 
1974 [Pub. L. 93-572, set out above] and the program established under 
title II of the Emergency Jobs and Unemployment Assistance Act of 1974 
[Pub. L. 93-567, title II, set out above] and shall submit to the 
Congress not later than January 1, 1977, a report on such study and 
review. Such study and review shall include--
        ``(1) the employment, economic, and demographic characteristics 
    of individuals receiving benefits under either such program,
        ``(2) the needs of the long-term unemployed for job counseling, 
    testing, referral and placement services, skill and apprenticeship 
    training, career-related education programs, and public service 
    employment opportunities, and
        ``(3) an examination of all other benefits to which individuals 
    receiving benefits under either such program are eligible together 
    with an investigation of important factors affecting unemployment, a 
    comparison of the aggregate value of such other benefits plus 
    benefits received under either such program with the amount of 
    compensation received by such individuals in their most recent 
    position of employment.''


              Loans to Unemployment Fund of Virgin Islands

    Pub. L. 94-45, title III, Sec. 301, June 30, 1975, 89 Stat. 243, as 
amended by Pub. L. 94-354, July 12, 1976, 90 Stat. 888; Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(a) The Secretary of Labor (hereinafter in this section referred 
to as the `Secretary') may make loans to the Virgin Islands in such 
amounts as he determines to be necessary for the payment in any month of 
compensation under the unemployment compensation law of the Virgin 
Islands. A loan may be made under this subsection for the payment of 
compensation in any month only if--
        ``(1) the Governor of the Virgin Islands submits an application 
    therefor no earlier than the first day of the preceding month; and
        ``(2) such application contains an estimate of the amount of the 
    loan which will be required by the Virgin Islands for the payment of 
    compensation in such month.
    ``(b) For purposes of this section--
        ``(1) an application for loan under subsection (a) shall be made 
    on such forms and shall contain such information and data (fiscal 
    and otherwise) concerning the operation and administration of the 
    unemployment compensation law of the Virgin Islands as the Secretary 
    deems necessary or relevant to the performance of his duties under 
    this section;
        ``(2) the amount required by the Virgin Islands for the payment 
    of compensation in any month shall be determined with due allowance 
    for contingencies and taking into account all other amounts that 
    will be available in the unemployment fund of the Virgin Islands for 
    the payment of compensation in such month; and
        ``(3) the term `compensation' means cash benefits payable to 
    individuals with respect to their unemployment, exclusive of 
    expenses of administration.
    ``(c) Any loan made under subsection (a) shall be repayable (without 
interest) not later than January 1, 1979. If after January 1, 1979, any 
portion of any such loan remains unpaid, the Virgin Islands shall pay 
interest thereon, until the loan is paid in full, at a rate equal to the 
rate of interest in effect under section 6621 of the Internal Revenue 
Code of 1986 [formerly I.R.C. 1954]. If at some future date the Federal 
Unemployment Tax Act [section 3301 et seq. of this title] shall be made 
applicable to the Virgin Islands, then, any amount of principal or 
interest due on any such loan remaining unpaid on such date shall be 
treated, for purposes of section 3302(c)(3) of the Internal Revenue Code 
of 1986, as an advance made to the Virgin Islands under title XII of the 
Social Security Act [42 U.S.C. 1321 et seq.].
    ``(d) No loan may be made under subsection (a) for any month 
beginning after September 30, 1977. The aggregate of the loans which may 
be made under subsection (a) shall not exceed $15,000,000.
    ``(e) There are authorized to be appropriated from the general fund 
of the Treasury such sums as may be necessary to carry out this 
section.''


      Unemployment Compensation Law of Commonwealth of Puerto Rico

    Section 543(b) of Pub. L. 86-778, title V, Sept. 13, 1960, 74 Stat. 
986, provided that: ``The unemployment compensation law of the 
Commonwealth of Puerto Rico shall be considered as meeting the 
requirements of--
        ``(1) Section 3304(a)(2) of the Federal Unemployment Tax Act [26 
    U.S.C. 3304(a)(2)], if such law provides that no compensation is 
    payable with respect to any day of unemployment occurring before 
    January 1, 1959.
        ``(2) Section 3304(a)(3) of the Federal Unemployment Tax Act [26 
    U.S.C. 3304(a)(3)] and section 303(a)(4) of the Social Security Act 
    [42 U.S.C. 503(a)(4)], if such law contains the provisions required 
    by those sections and if it requires that, on or before February 1, 
    1961, there be paid over to the Secretary of the Treasury, for 
    credit to the Puerto Rico account in the Unemployment Trust Fund, an 
    amount equal to the excess of--
            ``(A) the aggregate of the moneys received in the Puerto 
        Rico unemployment fund before January 1, 1961, over
            ``(B) the aggregate of the moneys paid from such fund before 
        January 1, 1961, as unemployment compensation or as refunds of 
        contributions erroneously paid.''

                  Section Referred to in Other Sections

    This section is referred to in sections 41, 170, 3302, 3303, 3305, 
3309, 3310, 6103 of this title; title 2 section 906; title 19 section 
2319; title 42 sections 1103, 1320b-7, 1322.
