An Act to amend section 903 (c) (2) of the Social Security Act
PL 92-224 (H.R.6065), enacted 12/29/1971

810 
PUBLIC LAW 92-224-DEC. 29, 1971 
[85 STAT. 
ro'fessr.Tnar^e 
^^^ b j Inserting aftoF paragraph (30) the following new para-
view program. 
g r a p n ', 
"(31) provide (A) for a regular program of independent pro-
fessional review (including medical evaluation of each patient's 
need for intermediate care) and a written plan of service prior to 
admission or authorization of benefits in an intermediate care 
facility which provides more than a minimum level of health care 
services as determined under regulations of the Secretary; (B) 
for periodic on-site inspections to be made in all such intermediate 
care facilities (if the State plan includes care in such institutions) 
within the State by one or more independent professional review 
teams (composed of physicians or registered nurses and other 
appropriate health and social service personnel) of (i) the care 
being provided in such intermediate care facilities to persons 
receiving assistance under the State plan, (ii) with respect to each 
of the patients receiving such care, the adequacy of the services 
available in particular intermediate care facilities to meet the 
current health needs and promote the maximum physical well-
being of patients receiving care in such facilities, (iii) the neces-
sity and desirability of the continued placement of such patients 
in such facilities, and (iv) the feasibility of meeting their health 
care needs through alternative institutional or non-institutional 
services; and (C) for the making by such team or teams of full 
and complete reports of the findings resulting from such inspec-
tions, together with any recommendations to the State agency 
administering or supervising the administration of the State 
plan." 
sf^slat' 920 
(^) Section 1121 of such Act is repealed. 
42 usV 1320a. 
(d) The amendments made by this section shall become effective 
Effective date. 
January 1.1972. 
SEC. 5. Section 1007 of the Social Security Amendments of 1969, as 
fo f^^^'A?c^'. 
amended, is further amended by striking out "1972" where it appears 
42 u s e 415 note. 
. 
' . 
. 
. 
P ut ^hrn^^ 
° 
^ 
and msertmg m lieu thereoi "1973". 
Approved December 28, 1971. 
Public Law 92-224 
AN ACT 
December 29,1971 
[H. R. 6065] 
To amend section 903(c) (2) of the Social Security Act, and for otlier purposes. 
Be it enacted Ijy the Senate and House of Representatives 
of the 
Employment 
United States of America 
hi Congress assembled, That section 903 
tTanSetfr! 
(c)(2) 
of the Social Security Act 
(42 U.S.C. 1103(c)(2)). is 
gency unemploy- 
a U i e n d c d 
uon! ''°"^^"^^" 
(1) by striking out "fourteen preceding fiscal years," in sub-
82 Stat. 447. 
paragraph (D) of the first sentence and inserting in lieu thereof 
"twenty-four preceding fiscal years,"; 
85 STAT. ] 
PUBLIC LAW 92-224-DEC. 29, 1971 
811 
(2) by striking out "such fifteen fiscal years" in subparagraph 
(D) of the fii"st sentence and inserting in lieu thereof "such twenty-
five fiscal years"; and 
(3) by striking out "fourteenth preceding fiscal year*' in the 
second sentence and inserting in lieu thereof "twenty-fourth 
preceding fiscal year". 
TITLE II—EMERGENCY UNEMPLOYMENT 
COMPENSATION 
SHORT TITLE 
SEC. 201. This title may be cited as the "Emergency Unemploy- 
citation of titie. 
inent Compensation Act of 1971". 
FEDERAL-STAT'E AGREEMENTS 
SEC. 202. (a) 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 1954, which desires to do so, may enter 
^^^ ^tat. 443; 
into and participate in an agreement with the Secretary under this 
26 use 33*04. 
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 Unemploy-
ment Compensation Act of 1970. Any State which is a party to an 
84 stat. vos. 
agreement under this title may, upon providing 30 days' written no^e.^^^ ^^""^ 
notice to the Secretary, terminate sucn agreement. 
(b) Any such agreement shall provide that the State agency of g^^at^on"'^^ ""'^ 
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 regu-
lar 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)). 
812 
PUBLIC LAW 92-224-DEC. 29, 1971 
[85 STAT. 
Regular com* 
pensation rights, 
exhaustion< 
Extended com-
pensation rights, 
exhaustion. 
84 Stat. 708, 
26 u s e 3304 
note. 
Emergency 
benefit period. 
Publication in 
Federal Register. 
State "emer-
gency oh" indica-
tor. 
State ••emer-
gency off" indica-
tor. 
"Rate of unem-
ployment." 
"13-week ex-
haustion r a t e . " 
(c) (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 com-
pensation 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 laAV 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). 
(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 tlie 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 bene-
fit period is beginning or ending with respect to any State, the Secre-
tary shall cause notice of such determination to be published in the 
Federal Register. 
(B) (i) For purposes of subparagraph (A), there is a State "emer-
gency on" indicator for a week if— 
(I) the rate of unemployment (as determined under subpara-
graph (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 I^nemployment Compensation 
Act of 1970), 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 208 (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 
tlie immediately preceding 12 weeks, the rate of unemployment (as 
determined under subparagraph (C)) is less tlian 6.5 per centum. 
(C) (i) For purposes of subparagraph (B), the ter-m "rate of unem-
I)loyment" means— 
(I) the rate of insured unemployment (as determined under 
section 203(f) of the Federal-State Extended ITnemployment 
Compensation Act of 1970), plus 
(II) the 13-week exhaustion rate (as determined under clause 
(ii) The "13-week exhaustion rate" is tlie percentage arrived at by 
dividing— 
85 STAT. ] 
PUBLIC LAW 92-224-DEC. 29, 1971 
813 
(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 Unemploy-
ment Compensation Act of 1970) of the State with respect to the 
84 stat. 709. 
13-week period referred to in subparagraph (B) (ii). 
no^tf."^*^ ^^""^ 
(d) 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 (includ-
ing 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 reg-
ulations of the Secretary promulgated to carry out this title) 
apply to claims for emergency compensation and the payment 
thereof. 
(e) (1) Any 9,^reement under this title with a Stats shall provide compenlauon 
that the State will establish, for each eligible individlial who files an account. 
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) for 
his benefit year. 
(f) No emergency compensation shall be payable to any individual 
Effective dates. 
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. No emergency compensation shall be payable 
to any individual under such an agreement for any week ending after— 
(1) June 30, 1972, or 
(2) September 30, 1972, in the case of an individual who (for 
a week ending before July 1, 1972) had a week with respect to 
which 
emergency 
compensation 
was payable 
under 
such 
agreement. 
PAYMENTS TO STATES HAVIXG AGREEMEXTS FOR T H E PAYMENT OF 
EMERGENCY 
COMPENSATION 
SEC. 203. (a) 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 pur-
suant to such agreement. 
(b) No payment shall be made to any State under this section in Limitation, 
respect of compensation for which the State is entitled to reimburse-
ment under the provisions of any Federal law other than this title. 
(c) 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 
814 
PUBLIC LAW 92-224-DEC. 29, 1971 
[85 STAT. 
84 Stat. 716. 
42 u s e 1105. 
Appropriation. 
Infra. 
74 Stat. 974. 
42 u s e 1103. 
Supra. 
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. 
FINANCING PROVISIONS 
SEC. 204. (a) (1) Funds in the extended unemployment compensa-
tion account (as established by section 905 of the Social Security Act) 
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 sec-
tion 905 of the Social Security Act) 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, 
as repayable advances (without interest), such sums as may be neces-
sary to carry out the purposes of this title. Amounts appropriated as 
repayable advances and paid to the States under section 208 shall be 
repaid, without interest, as provided in section 903(b) (3) of the Social 
Security Act. 
(c) Section 903(b) of the Social Security Act is amended by adding 
at the end thereof the following new paragraph: 
"(3) The amount which, but for this paragraph, would be trans-
ferred to the account of a State under subsection (a) or paragraph (1) 
of this subsection shall (after applying paragraph (2) of this sub-
section) be reduced (but not below zero) by the balance of that por-
tion of the advances made under section 204(b) of the Emergency 
Unemployment Compensation Act of 1971 which was used for pay-
ments to such State under section 203 of such Act. An amount equal to 
the sum by which such amount is reduced shall be transferred to the 
general fund of the Treasury. Any amount transferred as a repayment 
under this paragraph shall be credited against, and shall operate to 
reduce, any balance repayable under this paragraph by the State 
to which (but for this paragraph) such amount would have been 
payable." 
DEFINITIONS 
84 Stat. 712. 
26 u s e 3304 
note. 
SEC. 205. 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 Com-
pensation Act of 1970; 
(b) the term "period of eligibility" means, in the case of any indi-
vidual, the weeks in his benefit year which begin in an extended bene-
fit 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 
85 STAT. ] 
PUBLIC LAW 92-224-DEC. 29, 1971 
815 
(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, 
84 stat. 709. 
, 
26 u s e 3304 
For purposes of any State law which refers to an extension under note. 
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. 
REPORT BY SECRETARY OF LABOR 
SEC. 206. (a) The Secretary of Labor shall conduct a comprehensive 
study and review of the program established by the Emergency Unem-
ployment 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 revieAv 
provided for in subsection (a). Such report shall cover the period end-
ing 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 desir-
ability of extending such program after the period prescribed in sec-
tion 202(f). 
Approved December 29, 1971. 
Ante, p. 811.