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108th CONGRESS
1st Session
H. R. 3010
To provide for the payment or reimbursement by the Federal Government
of special unemployment assistance paid by States to individuals
participating in qualified worker training programs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 4, 2003
Mr. Michaud (for himself and Ms. Linda T. Sanchez of California)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To provide for the payment or reimbursement by the Federal Government
of special unemployment assistance paid by States to individuals
participating in qualified worker training programs, 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.
This Act may be cited as the ``Workforce Fairness and Tax Relief
Act of 2003''.
SEC. 2. AGREEMENTS WITH STATES HAVING QUALIFIED WORKER TRAINING
PROGRAMS.
(a) In General.--Any State, the State unemployment compensation law
of which is approved by the Secretary of Labor (hereinafter in this Act
referred to as the ``Secretary'') under section 3304 of the Internal
Revenue Code of 1986, which desires to do so, may enter into and
participate in an agreement with the Secretary under this Act, if such
State law contains (as of the date such agreement is entered into) a
requirement that special unemployment assistance be payable to
individuals participating in a qualified worker training program, as
described in subsection (b). Any State which is a party to an agreement
under this Act may, upon providing 30 days' written notice to the
Secretary, terminate such agreement.
(b) Qualified Worker Training Program.--For purposes of this Act,
the term ``qualified worker training program'' means a program--
(1) under which individuals who meet the requirements
described in paragraph (3) are eligible to receive special
unemployment assistance while participating in the program;
(2) under which the assistance described in paragraph (1)
is payable in the same amount, at the same interval, on the
same terms, and subject to the same conditions, as regular
compensation under the State law, except that--
(A) State requirements relating to availability for
work, active search for work, and refusal to accept
work are not applicable to such individuals;
(B) assistance shall not be payable after the end
of the 12-month period following the last day of the
individual's benefit year; and
(C) such individuals are considered to be
unemployed for the purposes of Federal and State laws
applicable to unemployment compensation,
as long as such individuals meet the requirements applicable
under this subsection;
(3) under which individuals may receive the assistance
described in paragraph (1) if such individuals--
(A)(i)(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 for extended
compensation, in such State;
(ii) have no rights to compensation (including both
regular 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;
(iii) are not receiving compensation with respect
to such week under the unemployment compensation law of
Canada or any other foreign country;
(B)(i) were terminated as a result of any permanent
closure of a plant or facility; or
(ii) are identified pursuant to a State worker
profiling system as individuals who--
(I) are long-term unemployed and have
limited opportunities for employment or
reemployment in the same or a similar
occupation in the area in which they reside;
(II) are otherwise unlikely to return to
their previous industry or occupation; or
(III) satisfy such other criteria as may be
established in or under the agreement for
purposes of this subclause; and
(C) are actively participating in training
activities approved by the State agency preparing them
for suitable reemployment; and
(4) which meets such other requirements as the Secretary
determines to be appropriate.
SEC. 3. PAYMENTS TO STATES HAVING AGREEMENTS.
(a) In General.--There shall be paid to each State which has
entered into an agreement under this Act an amount equal to the
applicable percentage of the covered costs of the qualified worker
training program of such State.
(b) Definitions.--For purposes of this section:
(1) Applicable percentage.--The term ``applicable
percentage'', with respect to a State which has entered into an
agreement under this Act, means--
(A) during each of the first 3 calendar years
beginning on the date on which such agreement is
entered into, 100 percent; and
(B) during each calendar year thereafter, 50
percent.
(2) Covered costs.--The term ``covered costs'', with
respect to a qualified worker training program, means--
(A) the amount of special unemployment assistance
(as described in section 3(b)(1)) paid under such
program; and
(B) such amount as the Secretary determines to be
necessary for the proper and efficient administration
of such program.
(c) Method of Payment.--Sums payable to any State by reason of such
State's having an agreement under this Act shall be payable, either in
advance or by way of reimbursement (as determined by the Secretary), in
such amounts as the Secretary estimates the State will be entitled to
receive under this Act for each calendar month, reduced or increased,
as the case may be, by any amount by which the Secretary finds that the
Secretary's estimates for any prior calendar month were greater or less
than the amounts which should 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.
SEC. 4. FINANCING PROVISIONS.
(a) In General.--Payments to States under section 3 shall be made
in accordance with this section.
(b) Certifications.--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 Act. 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 general funds in the Treasury to--
(1) the account of such State in the Unemployment Trust
Fund, to the extent that such payment is allocable to costs
described in section 3(b)(2)(A); and
(2) such fund or other repository as may be agreed upon by
the Secretary and the State agency of the State involved, to
the extent that such payment is allocable to costs described in
section 3(b)(2)(B).
SEC. 5. DEFINITIONS.
For purposes of this Act, the terms ``State'', ``State law'',
``State agency'', ``regular compensation'', ``extended compensation'',
``benefit year'', and ``week'' shall have the respective meanings
assigned to them under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970.
SEC. 6. REPORTS BY THE SECRETARY OF LABOR.
The Secretary shall prepare and transmit to the Congress on an
annual basis a written report on the operation of this Act, including--
(1) an assessment of this Act's effectiveness within those
States having an agreement in effect under this Act during the
period covered by the report;
(2) the name of any State whose request to enter into an
agreement under this Act was disapproved during the period
covered by the report, including the reasons for each such
decision; and
(3) such other information as the Secretary considers
appropriate.
SEC. 7. REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 85 of the Internal Revenue Code of 1986 is
hereby repealed.
(b) Conforming Amendments.--
(1) Subsection (p) of section 3402 of such Code is amended
by striking paragraph (2) and by redesignating paragraph (3) as
paragraph (2).
(2) Section 6050B of such Code (relating to returns
relating to unemployment compensation) is hereby repealed.
(3) The table of sections for part II of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 85.
(4) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by striking
the item relating to section 6050B.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after December 31, 2002.
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