103D CONGRESS

1ST SESSION H. R. 3167

AN ACT

To extend the emergency unemployment compensaprofiling, and for other purposes. tion program, to establish a system of worker
103D CONGRESS

1ST SESSION H. R. 3167

AN ACT

To extend the emergency unemployment compensation program, to establish a system of worker profiling, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Unemployment Com5 pensation Amendments of 1993’’.
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1 SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COM2 PENSATION PROGRAM.

3 (a) GENERAL RULE.—Sections 102(f)(1) and

4 106(a)(2) of the Emergency Unemployment Compensation

5 Act of 1991 (Public Law 102–164, as amended) are each

6 amended by striking ‘‘October 2, 1993’’ and inserting

7 ‘‘February 5, 1994’’.

8 (b) WEEKS OF BENEFITS AVAILABLE DURING EX9 TENSION.—

10 (1) Subparagraph (A) of section 102(b)(2) of

11 such Act is amended—

12 (A) by redesignating clause (vi) as clause

13 (vii),

14 (B) by inserting after clause (v) the follow15 ing new clause:

16 ‘‘(vi) REDUCTION OF WEEKS AFTER

17 OCTOBER 2, 1993.—In the case of weeks

18 beginning after October 2, 1993—

19 ‘‘(I) clause (i) of this subpara20 graph shall be applied by substituting

21 ‘13’ for ‘33’ and by substituting ‘7’

22 for ‘26’,

23 ‘‘(II) clauses (ii), (iii), (iv), and

24 (v) of this subparagraph shall not

25 apply, and
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1 ‘‘(III) subparagraph A of para2 graph (1) shall be applied by sub3 stituting ‘50 percent’ for ‘130 per4 cent’.’’, and

5 (C) by striking ‘‘or (iv)’’ in clause (vii) (as

6 redesignated by subparagraph (A)) and insert7 ing ‘‘(iv), or (vi)’’.

8 (2) Subparagraph (B) of section 102(b)(2) of

9 such Act is amended by striking ‘‘and (iv)’’ and in10 serting ‘‘(iv) and (vi)’’.

11 (c) MODIFICATION OF FINAL PHASE-OUT.—Para12 graph (2) of section 102(f) of such Act is amended—

13 (1) by striking ‘‘October 2, 1993’’ and inserting

14 ‘‘February 5, 1994’’, and

15 (2) by striking ‘‘January 15, 1994’’ and insert16 ing ‘‘April 30, 1994’’.

17 (d) CONFORMING AMENDMENTS.—Section 101(e) of

18 such Act is amended—

19 (1) by striking ‘‘October 2, 1993’’ each place it

20 appears in paragraph (1) and inserting ‘‘February 5,

21 1994’’, and

22 (2) by striking ‘‘(and is not triggered off under

23 paragraph (1))’’ in paragraph (2) and inserting

24 ‘‘after February 5, 1994,’’.
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1 (e) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to weeks of unemployment begin3 ning after October 2, 1993.

4 SEC. 3. MODIFICATION TO ELIGIBILITY REQUIREMENTS

5 FOR EMERGENCY UNEMPLOYMENT COM6 PENSATION.

7 (a) REPEAL OF DISREGARD OF RIGHTS TO REGULAR

8 COMPENSATION.—Subsection (f) of section 101 of the

9 Emergency Unemployment Compensation Act of 1991

10 (Public Law 102–164, as amended) is hereby repealed.

11 (b) EFFECTIVE DATE.—The repeal made by sub12 section (a) shall apply to weeks of unemployment begin13 ning after the date of the enactment of this Act; except

14 that such repeal shall not apply in determining eligibility

15 for emergency unemployment compensation from an ac16 count established before October 2, 1993.

17 SEC. 4. WORKER PROFILING.

18 (a) IN GENERAL.—

19 (1) ESTABLISHMENT OF PROFILING SYSTEM.—

20 Section 303 of the Social Security Act is amended

21 by adding at the end thereof the following new sub22 section:

23 ‘‘(j)(1) The State agency charged with the adminis24 tration of the State law shall establish and utilize a system
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1 of profiling all new claimants for regular compensation

2 that—

3 ‘‘(A) identifies which claimants will be likely to

4 exhaust regular compensation and will need job

5 search assistance services to make a successful tran6 sition to new employment;

7 ‘‘(B) refers claimants identified pursuant to

8 subparagraph (A) to reemployment services, such as

9 job search assistance services, available under any

10 State or Federal law;

11 ‘‘(C) collects follow-up information relating to

12 the services received by such claimants and the em13 ployment outcomes for such claimants subsequent to

14 receiving such services and utilizes such information

15 in making identifications pursuant to subparagraph

16 (A); and

17 ‘‘(D) meets such other requirements as the Sec18 retary of Labor determines are appropriate.

19 ‘‘(2) Whenever the Secretary of Labor, after reason20 able notice and opportunity for hearing to the State agen21 cy charged with the administration of the State law, finds

22 that there is a failure to comply substantially with the re23 quirements of paragraph (1), the Secretary of Labor shall

24 notify such State agency that further payments will not

25 be made to the State until he is satisfied that there is
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1 no longer any such failure. Until the Secretary of Labor

2 is so satisfied, he shall make no further certification to

3 the Secretary of the Treasury with respect to such State.’’.

4 (2) CONFORMING AMENDMENT.—Section

5 304(a)(2) of the Social Security Act is amended by

6 striking ‘‘or (i)’’ and inserting ‘‘(i), or (j)’’.

7 (b) PARTICIPATION REQUIREMENT.—Section 303(a)

8 of the Social Security Act is amended—

9 (1) by striking the period at the end of para10 graph (9) and inserting ‘‘; and’’, and

11 (2) by adding at the end thereof the following

12 new paragraph:

13 ‘‘(10) A requirement that, as a condition of eli14 gibility for regular compensation for any week, any

15 claimant who has been referred to reemployment

16 services pursuant to the profiling system under sub17 section (j)(1)(B) participate in such services or in

18 similar services unless the State agency charged with

19 the administration of the State law determines—

20 ‘‘(A) such claimant has completed such

21 services; or

22 ‘‘(B) there is justifiable cause for such

23 claimant’s failure to participate in such serv24 ices.’’.
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1 (c) TECHNICAL ASSISTANCE.—The Secretary of

2 Labor shall provide technical assistance and advice to as3 sist the States in implementing the profiling system re4 quired under the amendments made by subsection (a).

5 Such assistance shall include the development and identi6 fication of model profiling systems.

7 (d) REPORT TO CONGRESS.—Not later than the date

8 3 years after the date of enactment of this Act, the Sec9 retary of Labor shall report to the Congress on the oper10 ation and effectiveness of the profiling system required

11 under the amendments made by subsection (a) and the

12 participation requirement provided by the amendments

13 made under subsection (b). Such report shall include such

14 recommendations as the Secretary of Labor determines

15 are appropriate.

16 (e) CONFORMING AMENDMENT.—Section 4 of the

17 Emergency Unemployment Compensation Amendments of

18 1993 (Public Law 103–6) is hereby repealed.

19 (f) EFFECTIVE DATES.—

20 (1) The amendments made by subsections (a)

21 and (b) shall take effect on the date one year after

22 the date of the enactment of this Act.

23 (2) The provisions of subsections (c), (d), and

24 (e) shall take effect on the date of enactment of this

25 Act.
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1 SEC. 5. TECHNICAL AMENDMENT TO UNEMPLOYMENT

2 TRUST FUND.

3 Paragraph (1) of section 905(b) of the Social Secu4 rity Act is amended to read as follows:

5 ‘‘(b)(1) Except as provided in paragraph (3), the Sec6 retary of the Treasury shall transfer (as of the close of

7 each month) from the employment security administration

8 account to the extended unemployment compensation ac9 count established by subsection (a), an amount (deter10 mined by such Secretary) equal to 20 percent of the

11 amount by which—

12 ‘‘(A) the transfers to the employment security

13 administration account pursuant to section

14 901(b)(2) during such month, exceed

15 ‘‘(B) the payments during such month from the

16 employment security administration account pursu17 ant to section 901 (b)(3) and (d).

18 If for any such month the payments referred to in sub19 paragraph (B) exceed the transfers referred to in subpara20 graph (A), proper adjustments shall be made in the

21 amounts subsequently transferred.’’

22 SEC. 6. EXTENSION OF REPORTING DATE FOR ADVISORY

23 COUNCIL.

24 Section 908(f) of the Social Security Act is amend25 ed—
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1 (1) in paragraph (1), by striking ‘‘2d year’’ and

2 inserting ‘‘third year’’; and

3 (2) in paragraph (2), by striking ‘‘February 1,

4 1994’’ and inserting ‘‘February 1, 1995’’.

5 SEC. 7. TEMPORARY INCREASE IN SPONSORSHIP PERIOD

6 FOR ALIENS UNDER THE SUPPLEMENTAL SE7 CURITY INCOME PROGRAM.

8 (a) INCREASE IN SPONSORSHIP PERIOD.—

9 (1) IN GENERAL.—Section 1621 of the Social

10 Security Act (42 U.S.C. 1382j) is amended by strik11 ing ‘‘three years’’ each place such term appears and

12 inserting ‘‘5 years’’.

13 (2) EFFECTIVE DATE.—The amendments made

14 by paragraph (1) shall take effect on January 1,

15 1994.

16 (b) REINSTATEMENT OF PRIOR LAW.—

17 (1) IN GENERAL.—Section 1621 of the Social

18 Security Act (42 U.S.C. 1382j), as amended by sub19 section (a)(1) of this section, is amended by striking

20 ‘‘5 years’’ each place such term appears and insert21 ing ‘‘3 years’’.

22 (2) EFFECTIVE DATE.—The amendments made

23 by paragraph (1) shall take effect on October 1,

24 1996.
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1 SEC. 8. TREATMENT OF RAILROAD WORKERS.

2 (a) EXTENSION OF PROGRAM.—

3 (1) IN GENERAL.—Paragraphs (1) and (2) of

4 section 501(b) of the Emergency Unemployment

5 Compensation Act of 1991 (Public Law 102–164, as

6 amended) are each amended by striking ‘‘October 2,

7 1993’’ and inserting ‘‘January 1, 1994’’.

8 (2) CONFORMING AMENDMENT.—Section

9 501(a) of such Act is amended by striking ‘‘October

10 1993’’ and inserting ‘‘January 1994’’.

11 (b) LENGTH OF BENEFITS DURING PERIOD OF EX12 TENSION.—Section 501(d)(2)(B)(ii) of such Act is amend13 ed by striking ‘‘on and after the date on which a reduction

14 in benefits is imposed under section 102(b)(2)(A)(iv)’’ and

15 inserting ‘‘after October 2, 1993’’.

16 (c) TERMINATION OF BENEFITS.—Section 501(e) of

17 such Act is amended—

18 (1) by striking ‘‘October 2, 1993’’ and inserting

19 ‘‘January 1, 1994’’, and
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1 (2) by striking ‘‘January 15, 1994’’ and insert2 ing ‘‘March 26, 1994’’.

Passed the House of Representatives October 15,

1993.

Attest:

Clerk.