IB 

Union Calendar No. 48 

112TH CONGRESS 

1ST SESSION H. R. 1745 

[Report No. 112–87, Part I] 

To improve jobs, opportunity, benefits, and services for unemployed 

Americans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2011 

Mr. CAMP (for himself, Mr. DAVIS of Kentucky, and Mr. BERG) introduced 

the following bill; which was referred to the Committee on Ways and 

Means, and in addition to the Committee on the Budget, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

MAY 23, 2011 

Reported from the Committee on Ways and Means with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 23, 2011 

Additional sponsor: Mr. STIVERS

MAY 23, 2011 

The Committee on the Budget discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on May 5, 2011] 


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A BILL 

To improve jobs, opportunity, benefits, and services for 

unemployed Americans, and for other purposes. 


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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Jobs, Opportunity, Benefits, and Services Act of 2011’’ or 

6 the ‘‘JOBS Act of 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of this 

8 Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REFORMS OF UNEMPLOYMENT COMPENSATION TO 

PROMOTE WORK AND JOB CREATION 

Sec. 101. Consistent job search requirements. 

Sec. 102. Participation in reemployment services made a condition of benefit receipt. 

Sec. 103. State flexibility to promote the reemployment of unemployed workers. 

Sec. 104. Repeal of regulation requiring higher State taxes. 

Sec. 105. Restore State flexibility to improve unemployment program solvency. 

Sec. 106. Data standardization for improved data matching. 

Sec. 107. Technical and conforming amendments. 

TITLE II—FORWARD FUNDING OF REMAINING FEDERAL 

UNEMPLOYMENT COMPENSATION FUNDS 

Sec. 201. Special transfers to all States. 

Sec. 202. Emergency unemployment compensation transition rules. 

Sec. 203. Extended benefits program transition rules. 

Sec. 204. Emergency designation. 

9 TITLE I—REFORMS OF UNEM10 PLOYMENT COMPENSATION 

11 TO PROMOTE WORK AND JOB 

12 CREATION 

13 SEC. 101. CONSISTENT JOB SEARCH REQUIREMENTS. 

14 (a) IN GENERAL.—Section 303(a) of the Social Secu15 rity Act is amended by adding at the end the following: 


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1 ‘‘(11)(A) A requirement that, as a condition of 

2 eligibility for regular compensation for any week, a 

3 claimant must be able to work, available to work, and 

4 actively seeking work. 

5 ‘‘(B) For purposes of this paragraph, the term 

6 ‘actively seeking work’ means, with respect to any in7 dividual, that such individual is actively engaged in 

8 a systematic and sustained effort to obtain work, as 

9 determined based on evidence (whether in electronic 

10 format or otherwise) satisfactory to the State agency 

11 charged with the administration of the State law. 

12 ‘‘(C) The specific requirements that must be met 

13 in order to satisfy this paragraph shall be established 

14 by the State agency, and shall include at least the fol15 lowing: 

16 ‘‘(i) Registration for employment services 

17 within 14 days after making initial application 

18 for regular compensation. 

19 ‘‘(ii) Posting a resume, record, or other ap20 plication for employment on such database as 

21 the State agency may require. 

22 ‘‘(iii) Applying, in such manner as the 

23 State agency may require, for work which is 

24 similar to that previously performed by the indi25 vidual, and which offers wages comparable to 


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1 wages for similar work in the local labor market 

2 in which the individual resides or is actively 

3 seeking work.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall apply to weeks beginning after the end of 

6 the first session of the State legislature which begins after 

7 the date of enactment of this Act. 

8 SEC. 102. PARTICIPATION IN REEMPLOYMENT SERVICES 

9 MADE A CONDITION OF BENEFIT RECEIPT. 

10 (a) SOCIAL SECURITY ACT.—Paragraph (10) of sec11 tion 303(a) of the Social Security Act is amended to read 

12 as follows: 

13 ‘‘(10)(A) A requirement that, as a condition of 

14 eligibility for regular compensation for any week— 

15 ‘‘(i) a claimant shall meet the minimum 

16 educational requirements set forth in subpara17 graph (B); and 

18 ‘‘(ii) any claimant who has been referred to 

19 reemployment services shall participate in such 

20 services. 

21 ‘‘(B) For purposes of this paragraph, an indi22 vidual shall not be considered to have met the min23 imum educational requirements of this subparagraph 

24 unless such individual— 

25 ‘‘(i) has earned a high school diploma; 


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1 ‘‘(ii) has earned the General Educational 

2 Development (GED) credential or other State3 recognized equivalent (including by meeting rec4 ognized alternative standards for individuals 

5 with disabilities); or 

6 ‘‘(iii) is enrolled and making satisfactory 

7 progress in classes leading to satisfaction of 

8 clause (ii). 

9 ‘‘(C) The requirements of subparagraph (B) may 

10 be waived for an individual to the extent that the 

11 State agency charged with the administration of the 

12 State law deems such requirements to be unduly bur13 densome in the case of such individual.’’. 

14 (b) INTERNAL REVENUE CODE OF 1986.—Paragraph 

15 (8) of section 3304(a) of the Internal Revenue Code of 1986 

16 is amended to read as follows: 

17 ‘‘(8) compensation shall not be denied to an in18 dividual for any week in which the individual is en19 rolled and making satisfactory progress in education 

20 or training which has been previously approved by 

21 the State agency;’’. 

22 (c) EFFECTIVE DATE.—The amendments made by this 

23 section shall apply to weeks beginning after the end of the 

24 first session of the State legislature which begins after the 

25 date of enactment of this Act. 


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1 SEC. 103. STATE FLEXIBILITY TO PROMOTE THE REEMPLOY2 MENT OF UNEMPLOYED WORKERS. 

3 Title III of the Social Security Act (42 U.S.C. 501 

4 and following) is amended by adding at the end the fol5 lowing: 

6 ‘‘DEMONSTRATION PROJECTS

7 ‘‘SEC. 305. (a) The Secretary of Labor may enter into 

8 agreements, with States submitting an application de9 scribed in subsection (b), for the purpose of allowing such 

10 States to conduct demonstration projects to test and evalu11 ate measures designed— 

12 ‘‘(1) to expedite the reemployment of individuals 

13 who establish initial eligibility for unemployment 

14 compensation under the State law of such State; or 

15 ‘‘(2) to improve the effectiveness of a State in 

16 carrying out its State law with respect to reemploy17 ment. 

18 ‘‘(b) The Governor of any State desiring to conduct 

19 a demonstration project under this section shall submit an 

20 application to the Secretary of Labor. Any such application 

21 shall, at a minimum, include— 

22 ‘‘(1) a general description of the proposed dem23 onstration project, including the authority (under the 

24 laws of the State) for the measures to be tested, as 

25 well as the period of time during which such dem26 onstration project would be conducted; 


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1 ‘‘(2) if a waiver under subsection (c) is re2 quested, the specific aspects of the project to which the 

3 waiver would apply and the reasons why such waiver 

4 is needed; 

5 ‘‘(3) a description of the goals and the expected 

6 programmatic outcomes of the demonstration project, 

7 including how the project would contribute to the ob8 jective described in subsection (a)(1), subsection 

9 (a)(2), or both; 

10 ‘‘(4) assurances (accompanied by supporting 

11 analysis) that the demonstration project would not re12 sult in any increased net costs to the State’s account 

13 in the Unemployment Trust Fund; 

14 ‘‘(5) a description of the manner in which the 

15 State— 

16 ‘‘(A) will conduct an impact evaluation, 

17 using a control or comparison group or other 

18 valid methodology, of the demonstration project; 

19 and 

20 ‘‘(B) will determine the extent to which the 

21 goals and outcomes described in paragraph (3) 

22 were achieved; and 

23 ‘‘(6) assurances that the State will provide any 

24 reports relating to the demonstration project, after its 

25 approval, as the Secretary of Labor may require. 


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1 ‘‘(c) The Secretary of Labor may waive any of the re2 quirements of section 3304(a)(4) of the Internal Revenue 

3 Code of 1986 or of paragraph (1) or (5) of section 303(a), 

4 to the extent and for the period the Secretary of Labor con5 siders necessary to enable the State to carry out a dem6 onstration project under this section. 

7 ‘‘(d) A demonstration project under this section— 

8 ‘‘(1) may be commenced any time after the date 

9 of enactment of this section; and 

10 ‘‘(2) may not be approved for a period of time 

11 greater than 3 years, subject to extension upon request 

12 of the Governor of the State involved for such addi13 tional period as the Secretary of Labor may agree to, 

14 except that in no event may a demonstration project 

15 under this section be conducted after the end of the 5- 

16 year period beginning on the date of enactment of this 

17 section. 

18 ‘‘(e) The Secretary of Labor shall, in the case of any 

19 State for which an application is submitted under sub20 section (b)— 

21 ‘‘(1) notify the State as to whether such applica22 tion has been approved or denied within 30 days after 

23 receipt of a complete application; and 


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1 ‘‘(2) provide public notice of the decision within 

2 10 days after providing notification to the State in 

3 accordance with paragraph (1). 

4 Public notice under paragraph (2) may be provided through 

5 the Internet or other appropriate means. Any application 

6 under this section that has not been denied within such 30 

7 days shall be deemed approved, and public notice of any 

8 approval under this sentence shall be provided within 10 

9 days thereafter. 

10 ‘‘(f) The Secretary of Labor may terminate a dem11 onstration project under this section if the Secretary makes 

12 a final determination that the State has violated the sub13 stantive terms or conditions of the project.’’. 

14 SEC. 104. REPEAL OF REGULATION REQUIRING HIGHER 

15 STATE TAXES. 

16 (a) IN GENERAL.—Section 1202(b)(2) of the Social Se17 curity Act is amended— 

18 (1) in subparagraph (A), by inserting ‘‘and’’ at 

19 the end; 

20 (2) in subparagraph (B), by striking ‘‘, and’’ 

21 and inserting a period; and 

22 (3) by striking subparagraph (C). 

23 (b) EFFECTIVE DATE.—The amendments made by sub24 section (a) shall take effect as of the date of enactment of 

25 this Act. 


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1 SEC. 105. RESTORE STATE FLEXIBILITY TO IMPROVE UNEM2 PLOYMENT PROGRAM SOLVENCY. 

3 (a) IN GENERAL.—Subsection (g) of section 4001 of 

4 the Supplemental Appropriations Act, 2008 (Public Law 

5 110–252; 26 U.S.C. 3304 note) is repealed. 

6 (b) EFFECTIVE DATE.—The amendment made by sub7 section (a) shall take effect as of the date of enactment of 

8 this Act. 

9 SEC. 106. DATA STANDARDIZATION FOR IMPROVED DATA 

10 MATCHING. 

11 (a) IN GENERAL.—Title IX of the Social Security Act 

12 is amended by adding at the end the following: 

13 ‘‘DATA STANDARDIZATION FOR IMPROVED DATA MATCHING

14 ‘‘Standard Data Elements 

15 ‘‘SEC. 911. (a)(1) The Secretary of Labor, in consulta16 tion with an interagency work group established by the Of17 fice of Management and Budget, and considering State per18 spectives, shall, by rule, designate standard data elements 

19 for any category of information required under title III or 

20 this title. 

21 ‘‘(2) The standard data elements designated under 

22 paragraph (1) shall, to the extent practicable, be nonpropri23 etary and interoperable. 

24 ‘‘(3) In designating standard data elements under this 

25 subsection, the Secretary of Labor shall, to the extent prac26 ticable, incorporate— 


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1 ‘‘(A) interoperable standards developed and 

2 maintained by an international voluntary consensus 

3 standards body, as defined by the Office of Manage4 ment and Budget, such as the International Organi5 zation for Standardization; 

6 ‘‘(B) interoperable standards developed and 

7 maintained by intergovernmental partnerships, such 

8 as the National Information Exchange Model; and 

9 ‘‘(C) interoperable standards developed and 

10 maintained by Federal entities with authority over 

11 contracting and financial assistance, such as the Fed12 eral Acquisition Regulations Council. 

13 ‘‘Data Standards for Reporting 

14 ‘‘(b)(1) The Secretary of Labor, in consultation with 

15 an interagency work group established by the Office of Man16 agement and Budget, and considering State government 

17 perspectives, shall, by rule, designate data reporting stand18 ards to govern the reporting required under title III or this 

19 title. 

20 ‘‘(2) The data reporting standards required by para21 graph (1) shall, to the extent practicable— 

22 ‘‘(A) incorporate a widely-accepted, non-propri23 etary, searchable, computer-readable format; 

24 ‘‘(B) be consistent with and implement applica25 ble accounting principles; and 


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1 ‘‘(C) be capable of being continually upgraded as 

2 necessary. 

3 ‘‘(3) In designating reporting standards under this 

4 subsection, the Secretary of Labor shall, to the extent prac5 ticable, incorporate existing nonproprietary standards, such 

6 as the eXtensible Business Reporting Language.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by this 

8 section shall apply after September 30, 2012 . 

9 SEC. 107. TECHNICAL AND CONFORMING AMENDMENTS. 

10 (a) USE OF UNEMPLOYMENT COMPENSATION TO

11 REPAY OVERPAYMENTS.—Section 3304(a)(4)(D) of the In12 ternal Revenue Code of 1986 and section 303(g)(1) of the 

13 Social Security Act are amended by striking ‘‘may’’ and 

14 inserting ‘‘shall’’. 

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall apply to weeks beginning after the end of 

17 the first session of the State legislature which begins after 

18 the date of enactment of this Act. 


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1 TITLE II—FORWARD FUNDING 

2 OF REMAINING FEDERAL UN3 EMPLOYMENT COMPENSA4 TION FUNDS 

5 SEC. 201. SPECIAL TRANSFERS TO ALL STATES. 

6 (a) SPECIAL TRANSFERS IN FISCAL YEARS 2011 AND

7 2012.—Section 903 of the Social Security Act is amended 

8 by adding at the end the following: 

9 ‘‘Special Transfers in Fiscal Years 2011 and 2012 

10 ‘‘(h)(1) The Secretary of the Treasury shall transfer 

11 (as of the dates determined under paragraph (4)) from the 

12 extended unemployment compensation account to the ac13 count of each State in the Unemployment Trust Fund the 

14 amount determined with respect to such State under para15 graph (2). 

16 ‘‘(2)(A) The amount to be transferred to a State under 

17 this subsection in any fiscal year is the amount derived by 

18 multiplying the applicable total dollar amount for such fis19 cal year by the applicable fraction for such State. 

20 ‘‘(B) For purposes of subparagraph (A), the applicable 

21 total dollar amount is— 

22 ‘‘(i) for fiscal year 2011, $12,800,000,000; and 

23 ‘‘(ii) for fiscal year 2012, $18,200,000,000. 

24 ‘‘(C) For purposes of subparagraph (A), the applicable 

25 fraction for a State is a fraction— 


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1 ‘‘(i) the numerator of which is the total amount 

2 of extended compensation and emergency unemploy3 ment compensation paid out by such State for weeks 

4 beginning in the 12-month period described in clause 

5 (ii); and 

6 ‘‘(ii) the denominator of which is the total 

7 amount of extended compensation and emergency un8 employment compensation paid out by all States for 

9 weeks beginning in the most recent 12-month period 

10 for which that information is available for all States 

11 as of May 1, 2011. 

12 ‘‘(3)(A) Except as provided in subparagraph (B), 

13 amounts transferred to a State account pursuant to this 

14 subsection shall be used only in the payment of extended 

15 compensation and emergency unemployment compensation, 

16 in accordance with applicable provisions of Federal and 

17 State law (including agreements and implementing regula18 tions) as in effect on May 1, 2011. 

19 ‘‘(B) A State may, pursuant to specific legislation en20 acted by the legislative body of the State after the date of 

21 enactment of the JOBS Act of 2011, use money transferred 

22 to the State account of such State under this subsection for 

23 (i) the payment of unemployment compensation, (ii) the re24 payment of advances made to such State under section 1201 

25 (including interest thereon), and (iii) reemployment servVerDate Mar 15 2010 03:34 May 24, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H1745.RH H1745

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1 ices designed to enhance the rapid reemployment of unem2 ployed workers (such as mandatory workshops, claimant as3 sessments, resume preparation and job search assistance, 

4 wage subsidy programs, eligibility reviews, labor market in5 formation, development of a work-search plan, and train6 ing), if and only if— 

7 ‘‘(I) the purposes and amounts are specified in 

8 the law; 

9 ‘‘(II) the money is withdrawn and expended, for 

10 the purpose described in clause (i), (ii), or (iii) (as 

11 the case may be), after the date of enactment of the 

12 law; and 

13 ‘‘(III) the use of the money is accounted for in 

14 accordance with standards established by the Sec15 retary of Labor. 

16 ‘‘(4) Transfers under this subsection shall— 

17 ‘‘(A) to the extent that they relate to the amount 

18 set forth in paragraph (2)(B)(i), be made within 10 

19 days after the date of enactment of this subsection; 

20 and 

21 ‘‘(B) to the extent that they relate to the amount 

22 set forth in paragraph (2)(B)(ii), be made after Sep23 tember 30, 2011, and on or before October 10, 2011.’’. 

24 (b) RULE OF CONSTRUCTION.—Nothing in section 

25 903(b) of the Social Security Act shall be considered to 


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1 apply with respect to any transfer under section 903(h) of 

2 such Act (as amended by this section). 

3 (c) REGULATIONS.—The Secretary of Labor may pre4 scribe any operating instructions or regulations necessary 

5 to carry out this section and the amendment made by this 

6 section. 

7 SEC. 202. EMERGENCY UNEMPLOYMENT COMPENSATION 

8 TRANSITION RULES. 

9 (a) REPEAL.—Section 4003 of the Supplemental Ap10 propriations Act, 2008 is repealed. 

11 (b) FINANCING.—Section 4004(e)(1) of the Supple12 mental Appropriations Act, 2008 is amended— 

13 (1) in subparagraph (F), by striking ‘‘and’’ after 

14 the semicolon; and 

15 (2) by adding after subparagraph (G) the fol16 lowing: 

17 ‘‘(H) the amendment made by section 201 

18 of the Jobs, Opportunity, Benefits, and Services 

19 Act of 2011; and’’. 

20 (c) EFFECTIVE DATE OF REPEAL.— 

21 (1) IN GENERAL.—The amendment made by sub22 section (a) shall be effective with respect to weeks end23 ing after July 6, 2011. 

24 (2) RULE OF CONSTRUCTION.—Nothing in this 

25 subsection shall be considered to affect the 


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1 reimbursability of any emergency unemployment 

2 compensation paid for a week ending before July 7, 

3 2011. 

4 SEC. 203. EXTENDED BENEFITS PROGRAM TRANSITION 

5 RULES. 

6 (a) IN GENERAL.—Section 2005 of the Assistance for 

7 Unemployed Workers and Struggling Families Act, as con8 tained in Public Law 111–5 (26 U.S.C. 3304 note), is 

9 amended— 

10 (1) in subsection (a), by striking ‘‘January 4, 

11 2012’’ and inserting ‘‘July 6, 2011’’; 

12 (2) in subsection (b), by striking ‘‘January 4, 

13 2012’’ and inserting ‘‘the date of enactment of the 

14 JOBS Act of 2011’’; and 

15 (3) by striking subsection (c). 

16 (b) TERMINATION OF PROVISIONS RELATING TO TEM17 PORARY MODIFICATION OF EXTENDED BENEFIT INDICA18 TORS.—Section 203 of the Federal-State Extended Unem19 ployment Compensation Act of 1970, as amended by section 

20 502 of the Tax Relief, Unemployment Insurance Reauthor21 ization, and Job Creation Act of 2010 (Public Law 111- 

22 312; 124 Stat. 3307), is amended— 

23 (1) in subsection (d) (in the next to last sen24 tence), by striking ‘‘December 31, 2011’’ and inserting 

25 ‘‘June 30, 2011’’; and 


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1 (2) in subsection (f)(2), by striking ‘‘December 

2 31, 2011’’ and inserting ‘‘June 30, 2011’’. 

3 (c) SAVINGS PROVISION.—In the case of any State law 

4 which, as of the date of enactment of this Act, has been 

5 amended in conformance with the amendments made by 

6 subsection (a) or (b) of section 502 of the Tax Relief, Unem7 ployment Insurance Reauthorization, and Job Creation Act 

8 of 2010 (Public Law 111-312; 124 Stat. 3307) and section 

9 2005(a) of the Assistance for Unemployed Workers and 

10 Struggling Families Act (Public Law 111-5; 26 U.S.C. 

11 3304 note), the amendment made by subsection (a)(1) shall 

12 be disregarded for purposes of any provision of such State 

13 law which provides for a State ‘‘off’’ indicator or which 

14 otherwise provides for the termination of an extended ben15 efit period by reason of the cessation of full Federal funding 

16 of sharable extended compensation or sharable regular com17 pensation. 

18 SEC. 204. EMERGENCY DESIGNATION. 

19 The budgetary effects of this Act are designated as an 

20 emergency requirement and necessary to meet emergency 

21 needs pursuant to section 4(g) of the Statutory Pay-As-You22 Go Act of 2010. 


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Union Calendar No. 48 

112TH CONGRESS 

1ST SESSION H. R. 1745 

[Report No. 112–87, Part I] 

A BILL 

for unemployed Americans, and for other purposes. 

To improve jobs, opportunity, benefits, and services 

MAY 23, 2011 

Reported from the Committee on Ways and Means with 

M

an amendment 

AY 23, 2011 

The Committee on the Budget discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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