| Home > 106th Congressional Bills > H.R. 1802 (rfs) To amend part E of title IV of the Social Security Act to provide States with more funding and greater flexibility in carrying out programs designed to help children make the transition from foster care to self-sufficiency, and for other p...
H.R. 1802 (rfs) To amend part E of title IV of the Social Security Act to provide States with more funding and greater flexibility in carrying out programs designed to help children make the transition from foster care to self-sufficiency, and for other p...
108th CONGRESS 1st Session H. R. 1802 To amend the Federal Unemployment Tax Act and the Social Security Act to modernize the unemployment insurance system, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 11, 2003 Mr. McDermott (for himself, Mr. Sanders, Ms. Norton, Mr. Nadler, Ms. Carson of Indiana, Mr. Evans, Mr. Owens, Ms. Solis, Mr. Stark, Mr. Kucinich, Mr. Lantos, Ms. Lee, and Mr. Frank of Massachusetts) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Federal Unemployment Tax Act and the Social Security Act to modernize the unemployment insurance system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Keep America Working Act of 2003''. (b) Table of Contents.-- Sec. 1. Short title; etc. TITLE I--RESTORING INSURANCE ELIGIBILITY IN AN EVOLVING ECONOMY Sec. 101. Expansion of circumstances under which unemployment compensation is payable. Sec. 102. Expansion of unemployment tax wage base. Sec. 103. Determinations of whether individuals are employees for purposes of employment taxes. Sec. 104. Repeal of determination of employer's liability for certain employment taxes. Sec. 105. Effective dates. TITLE II--ENCOURAGING JOB MOBILITY AND ADEQUATE COMPENSATION Sec. 201. Separation from work due to a move relating to spouse's or domestic partner's new principal place of work not a bar to receiving unemployment compensation; replacement ratios for lower paid workers who become unemployed. TITLE III--ENSURING SOLVENCY AND PREPARING FOR RECESSION Sec. 301. Increase and decrease in earnings credited to State accounts when States meet or fail to meet funding goals. Sec. 302. Amendments to trigger provisions of extended benefit program. Sec. 303. Eliminate special Federal eligibility requirements for extended compensation. TITLE IV--IMPROVING ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT SYSTEM Sec. 401. Funding for administration of State unemployment compensation, State systems of public employment offices and veterans employment service programs. TITLE I--RESTORING INSURANCE ELIGIBILITY IN AN EVOLVING ECONOMY SEC. 101. EXPANSION OF CIRCUMSTANCES UNDER WHICH UNEMPLOYMENT COMPENSATION IS PAYABLE. (a) In General.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to approval of State unemployment compensation laws) is amended by striking ``and'' at the end of paragraph (18), by redesignating paragraph (19) as paragraph (29), and by inserting after paragraph (18) the following new paragraphs: ``(19) compensation shall not be denied to an individual solely because such individual is seeking only part-time work, if-- ``(A) such individual otherwise qualifies for unemployment compensation, based wholly or mostly on part-time work; and ``(B) the part-time work sought by such individual generally requires at least 20 hours per week; ``(20) compensation is payable to an eligible individual in an amount which is not less than the amount determined by applying a base period ending at the close of the calendar quarter most recently completed before the date of the individual's application for benefits; ``(21) except as provided in paragraphs (6) and (13), compensation shall not be denied in such State to any otherwise eligible individual solely on the basis that such individual is a seasonal worker; ``(22)(A) if any individual leaves employment because of sexual harassment, for purposes of determining such individual's eligibility for compensation for any subsequent week for which such individual meets the State law requirements relating to availability for work and active search for work, such individual shall be treated as having left such employment for good cause, and ``(B) for purposes of subparagraph (A), `sexual harassment' shall be considered to have been shown upon the demonstration of facts sufficient to establish a prima facie case that the individual involved was victimized by sexual harassment in violation of title VII of the Civil Rights Act of 1964; ``(23) if any individual leaves employment because of loss of adequate child care for a dependent child under the age of 13, for purposes of determining such individual's eligibility for compensation for any subsequent week for which such individual meets the State law requirements relating to availability for work and active search for work-- ``(A) such individual shall be treated as having left such employment for good cause, and ``(B) any failure to return to such employment or to otherwise meet such State law requirements, while the lack of such child care continues, shall be disregarded; ``(24) if any individual leaves employment because the individual is a victim of domestic violence, for purposes of determining such individual's eligibility for compensation for any subsequent week for which such individual meets the State law requirements relating to availability for work and active search for work-- ``(A) such individual shall be treated as having left such employment for good cause, and ``(B) any failure to return to such employment or to otherwise meet such State law requirements while the risk of further domestic violence is significant shall be disregarded; ``(25) the State law provides for the distribution to unemployed individuals information packets explaining unemployment insurance eligibility conditions in that State; ``(26) the State periodically reviews and adopts the best practices of other States in addressing contract and temporary worker issues, including-- ``(A) clarifying the definitions of employee and independent contractor, ``(B) specifying employer liability for payroll taxes, ``(C) licensing, bonding, or regulating the employee leasing industry, and ``(D) the strategic targeting of audits; ``(27) compensation shall not be denied in such State to any otherwise eligible individual solely on the basis that such individual was employed at the applicable minimum wage for not less than 20 hours a week for 30 weeks in the base period; ``(28) compensation is payable to any individual who is a parent of a child by blood or adoption and who takes an unpaid leave of absence from the employer at any time during the first year after-- ``(A) in the case of a child by blood, the birth of such child, and ``(B) in the case of a child by adoption by such individual, the adoption of such child; and''. (b) Unemployment Compensation Not Reduced by Exempt Trust Rollovers.--Paragraph (15) of section 3304(a) of such Code is amended by inserting ``(other than a rollover described in section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16))'' after ``periodic payment'' the first place it appears. SEC. 102. EXPANSION OF UNEMPLOYMENT TAX WAGE BASE. (a) In General.--Paragraph (1) of section 3306(b) of the Internal Revenue Code of 1986 is amended by striking ``$7,000'' and inserting ``the contribution and benefit base (as determined under section 230 of the Social Security Act)''. (b) Decrease in FUTA Tax Rate.--Section 3301 of such Code is amended by striking ``equal to--'' and all that follows through ``thereafter;'' and inserting ``equal to 5.59 percent''. SEC. 103. DETERMINATIONS OF WHETHER INDIVIDUALS ARE EMPLOYEES FOR PURPOSES OF EMPLOYMENT TAXES. (a) Repeal of Prior Audit Safe Harbor With Respect to Determinations of Employment Status.-- (1) In general.--Paragraph (2) of section 530(a) of the Revenue Act of 1978 is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (2) Conforming amendments.--Section 530(e) of such Act is amended-- (A) in paragraph (2) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively, (B) in paragraph (4)(B) by striking ``subparagraph (A), (B), or (C)'' and inserting ``subparagraph (A) or (B)''. (b) Repeal of Prohibition Against Regulations and Rulings on Employment Status.--Section 530 of the Revenue Act of 1978 is amended by striking subsection (b). SEC. 104. REPEAL OF DETERMINATION OF EMPLOYER'S LIABILITY FOR CERTAIN EMPLOYMENT TAXES. (a) In General.--Section 3509 of the Internal Revenue Code of 1986 is repealed. (b) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by striking the item relating to section 3509. SEC. 105. EFFECTIVE DATES. (a) In General.--Except as provided by subsection (b), the amendments made by this title-- (1) shall take effect on January 1, 2004, and (2) in the case of sections 103 and 104, shall apply to periods beginning after December 31, 2003. (b) Exception.--In the case of any State the legislature of which has not been in session for at least 30 calendar days (whether or not successive) between the date of the enactment of this Act and December 31, 2003, the amendments made by section 101 shall take effect 30 calendar days after the first day on which such legislature is in session on or after January 1, 2004. TITLE II--ENCOURAGING JOB MOBILITY AND ADEQUATE COMPENSATION SEC. 201. SEPARATION FROM WORK DUE TO A MOVE RELATING TO SPOUSE'S OR DOMESTIC PARTNER'S NEW PRINCIPAL PLACE OF WORK NOT A BAR TO RECEIVING UNEMPLOYMENT COMPENSATION; REPLACEMENT RATIOS FOR LOWER PAID WORKERS WHO BECOME UNEMPLOYED. (a) Revenues From Individual Income Taxes Attributable to Unemployment Compensation To Be Credited to Unemployment Accounts of Qualifying States.-- (1) In general.--There is hereby appropriated to accounts of certified States in the Unemployment Trust Fund (as described in section 903 of the Social Security Act (42 U.S.C. 1103)) amounts equivalent to the amount of tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of section 85 of such Code to payments from such accounts. (2) Transfers.--The amounts appropriated by paragraph (1) to any such account shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury, in consultation with the Secretary of Labor, of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter and shall take into account unemployment compensation estimated to be received from such account during such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Certified states.--For purposes of this subsection, the term `certified State' means a State for which a certification under subsection (d) is in effect. (4) Reports.--The Secretary of the Treasury shall submit annual reports to the Congress on-- (A) the transfers made under this subsection during the year, and the methodology used in determining the amount of such transfers and the account to which made, and (B) the anticipated operation of this subsection during the next 5 years. (b) Conditions for Approval of State Laws.--The Secretary of Labor shall (for purposes of this section) approve any State law submitted to the Secretary under this section, within 30 days of such submission, which the Secretary finds provides that-- (1) compensation shall not be denied to any individual by reason of such individual's separating from employment, if-- (A) that separation is related to a change in such individual's spouse's place of residence in connection with the commencement of work by the spouse (as an employee or as a self-employed individual) at a new principal place of work; (B) the spouse's new principal place of work satisfies the condition under subsection (c)(1) of section 217 of the Internal Revenue Code of 1986 (relating to the minimum distance required, between a taxpayer's former residence and new principal place of work, in order to qualify for a moving expenses deduction under such section); and (C) the separating individual has both the former residence and the new residence as his principal place of abode; and (2) in the case of any individual who becomes entitled to receive compensation from such State, and whose average weekly wages (for the period on the basis of which such individual qualifies for such compensation, determined without any limitation on amount) do not exceed 50 percent of the average weekly wages subject (determined without any limitation on amount) to contributions under the unemployment compensation law of such State (as determined by the Secretary based on the data the Secretary considers most appropriate), compensation shall be computed in a manner that results in a wage replacement ratio for such individual that is at least equal to the sum of-- (A) 50 percent, plus (B) \1/4\ of 1 percent times the percentage by
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