[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 904 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 904

  To improve jobs, opportunity, benefits, and services for unemployed 
                   Americans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2011

   Mr. Hatch introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To improve jobs, opportunity, benefits, and services for unemployed 
                   Americans, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Jobs, Opportunity, 
Benefits, and Services Act of 2011'' or the ``JOBS Act of 2011''.
    (b) Table of Contents.--The table of contents of this 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. Uniform data elements 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.

 TITLE I--REFORMS OF UNEMPLOYMENT COMPENSATION TO PROMOTE WORK AND JOB 
                                CREATION

SEC. 101. CONSISTENT JOB SEARCH REQUIREMENTS.

    (a) In General.--Section 303(a) of the Social Security Act is 
amended by adding at the end the following:
            ``(11)(A) A requirement that, as a condition of eligibility 
        for regular compensation for any week, a claimant must be able 
        to work, available to work, and actively seeking work.
            ``(B) For purposes of this paragraph, the term `actively 
        seeking work' means, with respect to any individual, that such 
        individual is actively engaged in a systematic and sustained 
        effort to obtain work, as determined based on evidence (whether 
        in electronic format or otherwise) satisfactory to the State 
        agency charged with the administration of the State law.
            ``(C) The specific requirements that must be met in order 
        to satisfy this paragraph shall be established by the State 
        agency, and shall include at least the following:
                    ``(i) Registration for employment services within 
                14 days after making initial application for regular 
                compensation.
                    ``(ii) Posting a resume, record, or other 
                application for employment on such database as the 
                State agency may require.
                    ``(iii) Applying, in such manner as the State 
                agency may require, for work which is similar to that 
                previously performed by the individual, and which 
                offers wages comparable to wages for similar work in 
                the local labor market in which the individual resides 
                or is actively seeking work.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to weeks beginning after September 30, 2011.

SEC. 102. PARTICIPATION IN REEMPLOYMENT SERVICES MADE A CONDITION OF 
              BENEFIT RECEIPT.

    (a) Social Security Act.--Paragraph (10) of section 303(a) of the 
Social Security Act is amended to read as follows:
            ``(10)(A) A requirement that, as a condition of eligibility 
        for regular compensation for any week--
                    ``(i) a claimant shall meet the minimum educational 
                requirements set forth in subparagraph (B); and
                    ``(ii) any claimant who has been referred to 
                reemployment services shall participate in such 
                services.
            ``(B) For purposes of this paragraph, an individual shall 
        not be considered to have met the minimum educational 
        requirements of this subparagraph unless such individual--
                    ``(i) has earned a high school diploma;
                    ``(ii) has earned the General Educational 
                Development (GED) credential or other State-recognized 
                equivalent (including by meeting recognized alternative 
                standards for individuals with disabilities); or
                    ``(iii) is enrolled and making satisfactory 
                progress in classes leading to satisfaction of clause 
                (ii).
            ``(C) The requirements of subparagraph (B) may be waived 
        for an individual to the extent that the State agency charged 
        with the administration of the State law deems such 
        requirements to be unduly burdensome in the case of such 
        individual.''.
    (b) Internal Revenue Code of 1986.--Paragraph (8) of section 3304 
of the Internal Revenue Code of 1986 is amended to read as follows:
            ``(8) compensation shall not be denied to an individual for 
        any week in which the individual is enrolled and making 
        satisfactory progress in education or training which has been 
        previously approved by the State agency;''.
    (c) Effective Date.--The amendments made by this section shall 
apply to weeks beginning after September 30, 2011.

SEC. 103. STATE FLEXIBILITY TO PROMOTE THE REEMPLOYMENT OF UNEMPLOYED 
              WORKERS.

    (a) In General.--Title III of the Social Security Act (42 U.S.C. 
501 and following) is amended by adding at the end the following:

                        ``demonstration projects

    ``Sec. 305.  (a) The Secretary of Labor may enter into agreements, 
with States submitting an application described in subsection (b), for 
the purpose of allowing such States to conduct demonstration projects 
to test and evaluate measures designed--
            ``(1) to expedite the reemployment of individuals who 
        establish initial eligibility for unemployment compensation 
        under the State law of such State; or
            ``(2) to improve the effectiveness of a State in carrying 
        out its State law with respect to reemployment.
    ``(b) The Governor of any State desiring to conduct a demonstration 
project under this section shall submit an application to the Secretary 
of Labor. Any such application shall, at a minimum, include--
            ``(1) a general description of the proposed demonstration 
        project, including the authority (under the laws of the State) 
        for the measures to be tested, as well as the period of time 
        during which such demonstration project would be conducted;
            ``(2) if a waiver under subsection (c) is requested, the 
        specific aspects of the project to which the waiver would apply 
        and the reasons why such waiver is needed;
            ``(3) a description of the goals and the expected 
        programmatic outcomes of the demonstration project, including 
        how the project would contribute to the objective described in 
        subsection (a)(1), subsection (a)(2), or both;
            ``(4) assurances (accompanied by supporting analysis) that 
        the demonstration project would not result in any increased net 
        costs to the State's account in the Unemployment Trust Fund;
            ``(5) a description of the manner in which the State--
                    ``(A) will conduct an impact evaluation, using a 
                control or comparison group or other valid methodology, 
                of the demonstration project; and
                    ``(B) will determine the extent to which the goals 
                and outcomes described in paragraph (3) were achieved; 
                and
            ``(6) assurances that the State will provide any reports 
        relating to the demonstration project, after its approval, as 
        the Secretary of Labor may require.
    ``(c) The Secretary of Labor may waive any of the requirements of 
section 3304(a)(4) of the Internal Revenue Code of 1986 or of paragraph 
(1) or (5) of section 303(a), to the extent and for the period the 
Secretary of Labor considers necessary to enable the State to carry out 
a demonstration project under this section.
    ``(d) A demonstration project under this section--
            ``(1) may be commenced any time after the date of the 
        enactment of this section; and
            ``(2) may not be approved for a period of time greater than 
        3 years, subject to extension upon request of the Governor of 
        the State involved for such additional period as the Secretary 
        of Labor may agree to, except that in no event may a 
        demonstration project under this section be conducted after the 
        end of the 5-year period beginning on the date of the enactment 
        of this section.
    ``(e) The Secretary of Labor shall, in the case of any State for 
which an application is submitted under subsection (b)--
            ``(1) notify the State as to whether such application has 
        been approved or denied within 30 days after receipt of a 
        complete application; and
            ``(2) provide public notice of the decision within 10 days 
        after providing notification to the State in accordance with 
        paragraph (1).
Public notice under paragraph (2) may be provided through the Internet 
or other appropriate means. Any application under this section that has 
not been denied within such 30 days shall be deemed approved.
    ``(f) The Secretary of Labor may terminate a demonstration project 
under this section if the Secretary makes a final determination that 
the State has violated the substantive terms or conditions of the 
project.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to weeks beginning after September 30, 2011.

SEC. 104. REPEAL OF REGULATION REQUIRING HIGHER STATE TAXES.

    (a) In General.--Section 1202(b)(2) of the Social Security Act is 
amended--
            (1) in subparagraph (A), by inserting ``and'' at the end;
            (2) in subparagraph (B), by striking ``, and'' and 
        inserting a period; and
            (3) by striking subparagraph (C).
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as of the date of enactment of this Act.

SEC. 105. RESTORE STATE FLEXIBILITY TO IMPROVE UNEMPLOYMENT PROGRAM 
              SOLVENCY.

    (a) In General.--Subsection (g) of section 4001 of the Supplemental 
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is 
repealed.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as of the date of enactment of this Act.

SEC. 106. UNIFORM DATA ELEMENTS FOR IMPROVED DATA MATCHING.

    (a) In General.--Title IX of the Social Security Act is amended by 
adding the following:

           ``uniform data elements for improved data matching

    ``Sec. 911.  (a) Codes and Identifiers.--
            ``(1) The Secretary of Labor, in consultation with an 
        interagency work group through the Office of Management and 
        Budget, and includes State perspectives, shall, by rule, 
        designate codes and identifiers for any category of information 
        required under title III or this title.
            ``(2) The codes and identifiers designated under paragraph 
        (1) shall, to the extent practicable, be nonproprietary and 
        interoperable.
            ``(3) In designating codes and identifiers under this 
        subsection, the Secretary of Labor shall, to the extent 
        practicable, incorporate--
                    ``(A) interoperable standards developed and 
                maintained by an international voluntary consensus 
                standards body, as defined by the Office of Management 
                and Budget, such as the International Organization for 
                Standardization;
                    ``(B) interoperable standards developed and 
                maintained by intergovernmental partnerships, such as 
                the National Information Exchange Model; and
                    ``(C) interoperable standards developed and 
                maintained by Federal entities with authority over 
                contracting and financial assistance, such as the 
                Federal Acquisition Regulations Council.
    ``(b) Data Standards for Reporting.--
            ``(1) The Secretary of Labor, in consultation with an 
        interagency work group through the Office of Management and 
        Budget and State government perspectives, shall, by rule, 
        designate data reporting standards to govern the reporting 
        required under title III or this title.
            ``(2) The data reporting standards required by paragraph 
        (1) shall, to the extent practicable--
                    ``(A) incorporate a widely accepted, non-
                proprietary, searchable, computer-readable format;
                    ``(B) be consistent with and implement applicable 
                accounting principles; and
                    ``(C) be capable of being continually upgraded as 
                necessary.
            ``(3) In designating reporting standards under this 
        subsection, the Secretary of Labor shall, to the extent 
        practicable, incorporate existing nonproprietary standards, 
        such as the eXtensible Business Reporting Language.''.
    (b) Clerical Amendment.--The table of contents of title IX of the 
Social Security Act is amended by adding at the end the following:

``Sec. 911. Uniform data elements for improved data matching.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to weeks beginning after September 30, 2012.

SEC. 107. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Use of Unemployment Compensation To Repay Overpayments.--
Subparagraph (D) of section 3304(a)(4) of the Internal Revenue Code of 
1986 is amended by striking ``may'' and inserting ``shall''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to amounts paid after September 30, 2011.

      TITLE II--FORWARD FUNDING OF REMAINING FEDERAL UNEMPLOYMENT 
                           COMPENSATION FUNDS

SEC. 201. SPECIAL TRANSFERS TO ALL STATES.

    (a) Special Transfers in Fiscal Years 2011 and 2012.--Section 903 
of the Social Security Act is amended by adding at the end the 
following:

           ``Special Transfers in Fiscal Years 2011 and 2012

    ``(h)(1) The Secretary of the Treasury shall transfer (as of the 
dates determined under paragraph (4)) from the extended unemployment 
compensation account to the account of each State in the Unemployment 
Trust Fund the amount determined with respect to such State under 
paragraph (2).
    ``(2)(A) The amount to be transferred to a State under this 
subsection in any fiscal year is the amount derived by multiplying the 
applicable total dollar amount for such fiscal year by the applicable 
fraction for such State.
    ``(B) For purposes of subparagraph (A), the applicable total dollar 
amount is--
            ``(i) for fiscal year 2011, $12,800,000,000; and
            ``(ii) for fiscal year 2012, $18,200,000,000.
    ``(C) For purposes of subparagraph (A), the applicable fraction for 
a State is a fraction--
            ``(i) the numerator of which is the total amount of 
        extended compensation and emergency unemployment compensation 
        paid out by such State for weeks beginning in the 12-month 
        period described in clause (ii); and
            ``(ii) the denominator of which is the total amount of 
        extended compensation and emergency unemployment compensation 
        paid out by all States for weeks beginning in the most recent 
        12-month period for which that information is available for all 
        States as of May 1, 2011.
    ``(3)(A) Except as provided in subparagraph (B) and only if a State 
passes a law after the enactment of the JOBS Act of 2011, amounts 
transferred to a State account pursuant to this subsection shall be 
used only in the payment of unemployment compensation, in accordance 
with applicable provisions of Federal and State law (including 
agreements and implementing regulations) as in effect on May 1, 2011.
    ``(B) A State may, pursuant to specific legislation enacted by the 
legislative body of the State after the date of the enactment of the 
JOBS Act of 2011, use money transferred to the State account of such 
State under this subsection for (i) the payment of unemployment 
compensation, (ii) the repayment of advances made to such State under 
section 1201 (including interest thereon), and (iii) reemployment 
services designed to enhance the rapid reemployment of unemployed 
workers (such as mandatory workshops, claimant assessments, resume 
preparation and job search assistance, wage subsidy programs, 
eligibility reviews, labor market information, development of a work-
search plan, and training), if and only if--
            ``(I) the purposes and amounts are specified in the law;
            ``(II) the money is withdrawn and expended, for the purpose 
        described in clause (i), (ii), or (iii) (as the case may be), 
        after the date of enactment of the law; and
            ``(III) the use of the money is accounted for in accordance 
        with standards established by the Secretary of Labor.
    ``(4) Transfers under this subsection shall--
            ``(A) to the extent that they relate to the amount set 
        forth in paragraph (2)(B)(i), be made within 10 days after the 
        date of enactment of this subsection; and
            ``(B) to the extent that they relate to the amount set 
        forth in paragraph (2)(B)(ii), be made after September 30, 
        2011, and on or before October 10, 2011.''.
    (b) Rule of Construction.--Nothing in section 903(b) of the Social 
Security Act shall be considered to apply with respect to any transfer 
under section 903(h) of such Act (as amended by this section).
    (c) Regulations.--The Secretary of Labor may prescribe any 
operating instructions or regulations necessary to carry out this 
section and the amendment made by this section.

SEC. 202. EMERGENCY UNEMPLOYMENT COMPENSATION TRANSITION RULES.

    (a) Repeal.--
            (1) In general.--Section 4003 of the Supplemental 
        Appropriations Act, 2008 is repealed.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall be effective with respect to weeks ending after July 6, 
        2011.
    (b) Financing.--Section 4004(e)(1) of the Supplemental 
Appropriations Act, 2008 is amended--
            (1) in subparagraph (F), by striking ``and'' after the 
        semicolon; and
            (2) by adding after subparagraph (G) the following:
                    ``(H) the amendment made by section 201 of the 
                Jobs, Opportunity, Benefits, and Services Act of 2011; 
                and''.

SEC. 203. EXTENDED BENEFITS PROGRAM TRANSITION RULES.

    (a) In General.--Section 2005 of the Assistance for Unemployed 
Workers and Struggling Families Act, as contained in Public Law 111-5 
(26 U.S.C. 3304 note), is amended--
            (1) in subsection (a), by striking ``January 4, 2012'' and 
        inserting ``July 6, 2011'';
            (2) in subsection (b), by striking ``January 4, 2012'' and 
        inserting ``the date of enactment of the JOBS Act of 2011''; 
        and
            (3) by striking subsection (c).
    (b) Termination of Provision Relating to Temporary Modification of 
Extended Benefit Indicators.--Section 502 of the Tax Relief, 
Unemployment Insurance Reauthorization, and Job Creation Act of 2010 
(Public Law 111-312; 26 U.S.C. 3304 note) is amended by striking 
``December 31, 2011'' each place it appears and inserting ``June 30, 
2011''.

SEC. 204. EMERGENCY DESIGNATION.

    The budgetary effects of this Act are designated as an emergency 
requirement and necessary to meet emergency needs pursuant to section 
4(g) of the Statutory Pay-As-You-Go Act of 2010.
                                 <all>