I 

113TH CONGRESS 

2D SESSION H. R. 3885 

To provide for a 12-month extension for certain Emergency Unemployment 

Compensation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2014 

Mr. DENT (for himself, Mr. MEADOWS, Mr. RIBBLE, Mr. HARRIS, and Mr. 

KELLY of Pennsylvania) introduced the following bill; which was referred 

to the Committee on Ways and Means, and in addition to the Committees 

on Transportation and Infrastructure, Energy and Commerce, and Natural Resources, 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 

A BILL 

To provide for a 12-month extension for certain Emergency 

Unemployment Compensation, 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 ‘‘Generating Real Op5 portunities for Workers and Transitional Help Act’’ or the 

6 ‘‘GROWTH Act’’. 


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1 SEC. 2. EXTENSION OF MODIFIED FIRST-TIER EMERGENCY 

2 UNEMPLOYMENT COMPENSATION. 

3 (a) EXTENSION.— 

4 (1) IN GENERAL.—Section 4007 of the Supple5 mental Appropriations Act, 2008 (Public Law 110– 

6 252; 26 U.S.C. 3304 note) is amended by adding at 

7 the end the following: 

8 ‘‘(c) SPECIAL RULE FOR FIRST-TIER EMERGENCY

9 UNEMPLOYMENT COMPENSATION.—Nothing in this sec10 tion shall prevent the commencement or continued pay11 ment of emergency unemployment compensation under 

12 this title to the extent that such compensation— 

13 ‘‘(1) represents amounts established in an ac14 count under section 4002(b); and 

15 ‘‘(2) is payable for a week ending on or before 

16 January 1, 2015.’’. 

17 (2) MODIFICATION.—Section 4002(b) of the 

18 Supplemental Appropriations Act, 2008 (Public Law 

19 110–252; 26 U.S.C. 3304 note) is amended by in20 serting after paragraph (3) the following: 

21 ‘‘(4) SPECIAL RULE RELATING TO AMOUNTS

22 PAYABLE FOR A WEEK ENDING AFTER JANUARY 1, 

23 2014.—Notwithstanding any provision of paragraph 

24 (1) or (2), for purposes of determining whether an 

25 amount is payable, out of amounts established in an 


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1 account under this subsection, for a week ending 

2 after January 1, 2014— 

3 ‘‘(A) paragraph (1)(A) shall be applied by 

4 substituting ‘54 percent’ for ‘80 percent’; 

5 ‘‘(B) paragraph (1)(B) shall be applied by 

6 substituting ‘14 weeks’ for ‘20 weeks’; and 

7 ‘‘(C) any amount established in an account 

8 under paragraph (1) or (2), which becomes 

9 nonpayable by reason of this paragraph, shall 

10 be treated in the same way as if it had never 

11 been established in such account.’’. 

12 (b) FUNDING.—Section 4004(e)(1) of the Supple13 mental Appropriations Act, 2008 (Public Law 110–252; 

14 26 U.S.C. 3304 note) is amended— 

15 (1) in subparagraph (I), by striking ‘‘and’’ at 

16 the end; 

17 (2) in subparagraph (J), by inserting ‘‘and’’ at 

18 the end; and 

19 (3) by inserting after subparagraph (J) the fol20 lowing: 

21 ‘‘(K) the amendment made by section 2(a) 

22 of the Generating Real Opportunities for Work23 ers and Transitional Help Act;’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section shall take effect as if included in the enactVerDate Mar 15 2010 07:16 Jan 16, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3885.IH H3885

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1 ment of the American Taxpayer Relief Act of 2012 (Public 

2 Law 112–240). 

3 SEC. 3. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM 

4 AGREEMENTS. 

5 (a) FLEXIBILITY.— 

6 (1) IN GENERAL.—Subsection (g) of section 

7 4001 of the Supplemental Appropriations Act, 2008 

8 (Public Law 110–252; 26 U.S.C. 3304 note) shall 

9 not apply with respect to a State that has enacted 

10 a law before December 1, 2013, that, upon taking 

11 effect, would violate such subsection. 

12 (2) EFFECTIVE DATE.—Paragraph (1) is effec13 tive with respect to weeks of unemployment begin14 ning on or after December 29, 2013. 

15 (b) PERMITTING A SUBSEQUENT AGREEMENT.— 

16 Nothing in title IV of such Act shall preclude a State 

17 whose agreement under such title was terminated from en18 tering into a subsequent agreement under such title on 

19 or after the date of the enactment of this Act if the State, 

20 taking into account the application of subsection (a), 

21 would otherwise meet the requirements for an agreement 

22 under such title. 


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1 SEC. 4. AUTHORITY TO USE ANY DISCRETIONARY APPRO2 PRIATIONS AVAILABLE TO THE SECRETARY 

3 OF LABOR TO CONDUCT IN-PERSON REEM4 PLOYMENT AND UNEMPLOYMENT INSUR5 ANCE ELIGIBILITY ASSESSMENTS FOR UNEM6 PLOYMENT INSURANCE BENEFICIARIES. 

7 (a) AUTHORITY.—Notwithstanding any other provi8 sion of law, the Secretary of Labor may, for fiscal years 

9 2014 through 2023, use any discretionary appropriations 

10 available to the Secretary to conduct in-person reemploy11 ment and unemployment insurance eligibility assessments 

12 for unemployment insurance beneficiaries. 

13 (b) LIMITATION.—Amounts used in a fiscal year pur14 suant to the authority under subsection (a) may not ex15 ceed the following: 

16 (1) $20,000,000 for fiscal year 2014. 

17 (2) $25,000,000 for fiscal year 2015. 

18 (3) $30,000,000 for fiscal year 2016. 

19 (4) $35,000,000 for fiscal year 2017. 

20 (5) $36,000,000 for fiscal year 2018. 

21 (6) $37,000,000 for fiscal year 2019. 

22 (7) $38,000,000 for fiscal year 2020. 

23 (8) $39,000,000 for fiscal year 2021. 

24 (9) $40,000,000 for fiscal year 2022. 

25 (10) $41,000,000 for fiscal year 2023. 


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1 SEC. 5. REPEAL OF MEDICAL DEVICE EXCISE TAX. 

2 (a) IN GENERAL.—Chapter 32 of the Internal Rev3 enue Code of 1986 is amended by striking subchapter E. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) Subsection (a) of section 4221 of such Code 

6 is amended by striking the last sentence. 

7 (2) Paragraph (2) of section 6416(b) of such 

8 Code is amended by striking the last sentence. 

9 (3) The table of subchapters for chapter 32 of 

10 such Code is amended by striking the item relating 

11 to subchapter E. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to sales after the date of the enact14 ment of this Act. 

15 SEC. 6. KEYSTONE XL PERMIT APPROVAL. 

16 Notwithstanding Executive Order No. 13337 (3 

17 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 

18 301 note), section 301 of title 3, United States Code, and 

19 any other Executive order or provision of law, no Presi20 dential permit shall be required for the pipeline described 

21 in the application filed on May 4, 2012, by TransCanada 

22 Keystone Pipeline, L.P., to the Department of State for 

23 the Keystone XL pipeline, as supplemented to include the 

24 Nebraska reroute evaluated in the Final Evaluation Re25 port issued by the Nebraska Department of Environ26 mental Quality in January 2013 and approved by the NeVerDate Mar 15 2010 07:16 Jan 16, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3885.IH H3885

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1 braska governor. The final environmental impact state2 ment issued by the Secretary of State on August 26, 2011, 

3 coupled with the Final Evaluation Report described in the 

4 previous sentence, shall be considered to satisfy all re5 quirements of the National Environmental Policy Act of 

6 1969 (42 U.S.C. 4321 et seq.) and of the National His7 toric Preservation Act (16 U.S.C. 470 et seq.). 

8 SEC. 7. REPEAL OF 30-HOUR THRESHOLD FOR CLASSIFICA9 TION AS FULL-TIME EMPLOYEE FOR PUR10 POSES OF THE EMPLOYER MANDATE IN THE 

11 PATIENT PROTECTION AND AFFORDABLE 

12 CARE ACT AND REPLACEMENT WITH 40 

13 HOURS. 

14 (a) FULL-TIME EQUIVALENTS.—Paragraph (2) of 

15 section 4980H(c) of the Internal Revenue Code of 1986 

16 is amended— 

17 (1) by repealing subparagraph (E), and 

18 (2) by inserting after subparagraph (D) the fol19 lowing new subparagraph: 

20 ‘‘(E) FULL-TIME EQUIVALENTS TREATED

21 AS FULL-TIME EMPLOYEES.—Solely for pur22 poses of determining whether an employer is an 

23 applicable large employer under this paragraph, 

24 an employer shall, in addition to the number of 

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1 termined, include for such month a number of 

2 full-time employees determined by dividing the 

3 aggregate number of hours of service of employ4 ees who are not full-time employees for the 

5 month by 174.’’. 

6 (b) FULL-TIME EMPLOYEES.—Paragraph (4) of sec7 tion 4980H(c) of the Internal Revenue Code of 1986 is 

8 amended— 

9 (1) by repealing subparagraph (A), and 

10 (2) by inserting before subparagraph (B) the 

11 following new subparagraph: 

12 ‘‘(A) IN GENERAL.—The term ‘full-time 

13 employee’ means, with respect to any month, an 

14 employee who is employed on average at least 

15 40 hours of service per week.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect as if included in the amend18 ments made by section 1513 of the Patient Protection and 

19 Affordable Care Act. 


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1 SEC. 8. DISQUALIFICATION ON RECEIPT OF DISABILITY IN2 SURANCE BENEFITS IN A MONTH FOR WHICH 

3 UNEMPLOYMENT COMPENSATION IS RE4 CEIVED. 

5 (a) IN GENERAL.—Section 223(d)(4) of the Social 

6 Security Act (42 U.S.C. 423(d)(4)) is amended by adding 

7 at the end the following: 

8 ‘‘(C)(i) If for any month an individual is entitled to 

9 unemployment compensation, such individual shall be 

10 deemed to have engaged in substantial gainful activity for 

11 such month. 

12 ‘‘(ii) For purposes of clause (i), the term ‘unemploy13 ment compensation’ means— 

14 ‘‘(I) ‘regular compensation’, ‘extended com15 pensation’, and ‘additional compensation’ (as such 

16 terms are defined by section 205 of the Federal17 State Extended Unemployment Compensation Act 

18 (26 U.S.C. 3304 note)); and 

19 ‘‘(II) trade adjustment assistance under title II 

20 of the Trade Act of 1974 (19 U.S.C. 2251 et 

21 seq.).’’. 

22 (b) TRIAL WORK PERIOD.—Section 222(c) of the So23 cial Security Act (42 U.S.C. 422(c)) is amended by adding 

24 at the end the following: 

25 ‘‘(6)(A) For purposes of this subsection, an individual 

26 shall be deemed to have rendered services in a month if 


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1 the individual is entitled to unemployment compensation 

2 for such month. 

3 ‘‘(B) For purposes of subparagraph (A), the term 

4 ‘unemployment compensation’ means— 

5 ‘‘(i) ‘regular compensation’, ‘extended com6 pensation’, and ‘additional compensation’ (as such 

7 terms are defined by section 205 of the Federal8 State Extended Unemployment Compensation Act 

9 (26 U.S.C. 3304 note)); and 

10 ‘‘(ii) trade adjustment assistance under title II 

11 of the Trade Act of 1974 (19 U.S.C. 2251 et 

12 seq.).’’. 

13 (c) DATA MATCHING.—The Commissioner of Social 

14 Security shall implement the amendments made by this 

15 section using appropriate electronic data. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply with respect to months beginning 

18 after the date of the enactment of this Act. 

19 SEC. 9. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM 

20 THE REFUNDABLE PORTION OF THE CHILD 

21 TAX CREDIT. 

22 (a) IN GENERAL.—Subsection (d) of section 24 of the 

23 Internal Revenue Code of 1986 is amended by adding at 

24 the end the following: 


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1 ‘‘(5) IDENTIFICATION REQUIREMENT WITH RE2 SPECT TO TAXPAYER.— 

3 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

4 not apply to any taxpayer for any taxable year 

5 unless the taxpayer includes the taxpayer’s So6 cial Security number on the return of tax for 

7 such taxable year. 

8 ‘‘(B) JOINT RETURNS.—In the case of a 

9 joint return, the requirement of subparagraph 

10 (A) shall be treated as met if the Social Secu11 rity number of either spouse is included on such 

12 return.’’. 

13 (b) OMISSION TREATED AS MATHEMATICAL OR

14 CLERICAL ERROR.—Subparagraph (I) of section 

15 6213(g)(2) of the Internal Revenue Code of 1986 is 

16 amended to read as follows: 

17 ‘‘(I) an omission of a correct Social Secu18 rity number required under section 24(d)(5) 

19 (relating to refundable portion of child tax cred20 it), or a correct TIN under section 24(e) (relat21 ing to child tax credit), to be included on a re22 turn,’’. 

23 (c) CONFORMING AMENDMENT.—Subsection (e) of 

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1 ed by inserting ‘‘With Respect to Qualifying Children’’ 

2 after ‘‘Identification Requirement’’ in the heading thereof. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to taxable years beginning after 

5 the date of the enactment of this Act. 

Æ 


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