42 U.S.C. § 503 — State laws

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 4,579 words · no verdicts yet

in plain englishAI-generated · not legal advice

States get unemployment funding only if their laws meet federal requirements, like fair hearings. The Secretary of Labor can stop payments to a state that denies benefits or breaks these rules. States must also share records with other agencies, recover overpayments, and follow child-support rules.

(a) Provisions required The Secretary of Labor can't certify a state for unemployment compensation payments unless that state's law — approved by the Secretary under the Federal Unemployment Tax Act — includes all of the following: (1) A way of running the program (including, since January 1, 1940, merit-based personnel rules) that the Secretary decides is likely to make sure unemployment benefits get paid in full when due. But the Secretary can't control who specific state employees are, how long they keep their jobs, or how much they're paid. (2) Paying unemployment compensation only through public employment offices, or other agencies the Secretary approves. (3) A fair hearing, before a neutral judge, for anyone whose unemployment claim is denied. (4) Sending all money the state's unemployment fund receives — except refunds of money paid into the fund by mistake, and certain refunds under the Federal Unemployment Tax Act — straight to the U.S. Treasury, to the credit of the federal unemployment trust fund, as soon as it's received. (5) Spending money withdrawn from the state's unemployment fund only on paying unemployment compensation (not administrative costs) and on those same refunds — with several exceptions: an amount matching what employees paid into the fund can be used for disability cash benefits; certain amounts under sections 1103(c)(2) or 1103(d)(4) can go toward running the unemployment program and public employment offices; the state can deduct money from someone's unemployment check to pay for health insurance or federal/state/local income tax withholding, if that person agreed to it under an approved program; money can be deducted to repay unemployment overpayments under subsection (g); money can be used for short-time compensation programs (defined in the tax code); and money can be used for self-employment assistance programs (also defined in the tax code). (6) Making whatever reports the Secretary requires, in whatever form, and following whatever rules the Secretary sets to make sure those reports are correct and can be checked. (7) Sharing, on request, a benefit recipient's name, address, usual job, and employment status — plus a note of their remaining benefit rights — with any U.S. agency running public works or public-employment assistance. (8) Since July 1, 1941, spending all money received under section 502 only for the purposes and amounts the Secretary finds necessary to properly run the state's law. (9) Since July 1, 1941, replacing — within a reasonable time — any section 502 money that was lost, or spent on the wrong purpose or in excess amounts, due to any action or event. (10) Requiring that a claimant referred to "reemployment services" under the profiling system in subsection (j) must take part in those services (or similar ones) to keep getting regular benefits — unless the state finds the claimant already finished the services, or had a good reason not to. (11) Requiring that, once a state finds someone was overpaid due to that person's own fraud, the state must fine them at least 15 percent of the overpaid amount, and deposit that fine straight back into the state's unemployment fund. (12) Requiring that, to keep getting regular benefits each week, a claimant must be able to work, available to work, and actively looking for work. (b) Failure to comply; payments stopped After giving a state's unemployment agency notice and a chance for a hearing, if the Secretary of Labor finds that the state is, in a lot of cases, wrongly denying benefits to people who qualify, or is substantially failing to follow any of the (a) requirements — the Secretary must tell the state that no more federal payments will come until the Secretary is satisfied the problem is fixed. Until then, the Secretary won't certify further payments to the U.S. Treasury for that state. But a "wrongful denial" finding can't happen until the state's highest court has ruled on whether the person was entitled to benefits. Also, the state can still count as an administrative cost any expense it pays related to a specific claimant. (c) Denial of certification; Railroad Retirement Board; cooperation with federal agencies After notice and a hearing, the Secretary can also refuse to certify a state if: the state won't share its records with the Railroad Retirement Board or give it copies (paid for by the Board) that the Board needs; the state won't reasonably cooperate with other federal agencies that run unemployment insurance laws; or the state hasn't paid required interest on federal loans (under subchapter XII) by the due date, or paid it indirectly by cutting state unemployment taxes or using state unemployment fund money instead — until that interest is properly paid. (d) Disclosure of unemployment information; SNAP coordination (1) A state agency must, on request and for reimbursement, share certain information with the Department of Agriculture and state SNAP (food stamp) agencies: wage information; whether someone is getting, has gotten, or has applied for unemployment compensation, and how much; that person's current address; and whether they refused a job offer, and details of that offer. The state must set up safeguards (as the Secretary requires by regulation) so this information is only used to figure out someone's SNAP eligibility or benefit amount. (2) States may ask new unemployment applicants whether they owe an "uncollected overissuance" of SNAP benefits; if so, and if they're found eligible for unemployment, the state may tell the SNAP agency; the state may then deduct money from the person's unemployment check — the amount the person agreed to, an amount set by an agreement with the SNAP agency, or any amount otherwise legally required — and pay it to the SNAP agency. Money deducted this way counts as if the state paid it to the person as unemployment compensation, and the person then repaid their SNAP debt with it. The SNAP agency must reimburse the state for its administrative costs from doing this. (3) If the Secretary finds a state substantially failing to follow paragraph (1)'s disclosure rules, after notice and a hearing, the Secretary can stop certifying payments to that state until it's fixed. (4) A "State supplemental nutrition assistance program benefits agency" means the state agency that runs SNAP. (e) Disclosure of wage information for child support (1) A state agency must, on request and for reimbursement, share wage information directly with state or local child-support enforcement agencies, with safeguards (set by the Secretary) limiting its use to establishing, collecting, and locating people who owe approved child-support obligations. (2) States must ask new unemployment applicants if they owe child support; if so, and the applicant is found eligible for benefits, the state must tell the child-support agency; the state must then deduct — the amount the person agreed to, an amount set by agreement, or any amount legally required through legal process — from the person's unemployment check, and pay it to the child-support agency. That money counts as paid to the person as unemployment compensation and then paid by them toward child support. The child-support agency must reimburse the state's administrative costs. (3) If the Secretary finds substantial noncompliance with (1) or (2), after notice and a hearing, the Secretary can stop certifying payments to the state. (4) A "State or local child support enforcement agency" is defined by reference to paragraph (1). (5) A child-support agency may share wage information it receives under (1)(A) with its own contracted agents, who must follow the same safeguards. (f) Income and eligibility verification The state agency must request and exchange information for income and eligibility verification, following a state system that meets the requirements of 42 U.S.C. § 1320b–7. (g) Recovery of unemployment benefit overpayments (1) A state must deduct from someone's unemployment benefits any amount they were overpaid under a federal or another state's unemployment program (if not already recovered), following the same notice-and-hearing rules used for the state's own overpayments, and pay the recovered amount to whichever program made the original overpayment. (2) A state may agree with the Secretary of Labor that: the state will recover federal-program overpayments from its own state benefits, the same way, and send the money to the federal government; and the federal government will let the state recover the state's own overpayments from federal unemployment benefits owed to that person. (3) Here, "unemployment benefits" includes unemployment compensation, trade adjustment allowances, federal additional compensation, and other unemployment assistance. (h) Sharing wage and claim information with HHS (1) States must, for reimbursement, share wage and claim information quarterly with the Secretary of Health and Human Services (as required under 42 U.S.C. § 653(i)(1)), make sure that information meets correctness standards HHS sets (with Labor's agreement), and set up safeguards so it's only used for the specific purposes listed in section 653(i)(1), (i)(3), and (j). (2) If the Secretary of Labor finds substantial noncompliance, after notice and a hearing, the Secretary can stop certifying payments until it's fixed. (3) "Wage information" means wages paid, the person's Social Security number, and the employer's name, address, state, and federal ID number. "Claim information" means whether someone is getting, got, or applied for unemployment compensation, the amount, and their current address. (i) Access to state employment records (housing agencies) (1) States must, on request and for reimbursement, share wage information and unemployment-status/amount information with HUD staff and public housing agency staff — but only about people applying for or getting housing assistance who signed a HUD-approved consent form. States must set safeguards (per Labor Department regulations) limiting use to determining housing-assistance eligibility or benefit amounts. (2) The Secretary of Labor must write regulations on how often and in what form this information gets shared. (3) If the Secretary finds substantial noncompliance, after notice and a hearing, certification can be stopped. (4) "Public housing agency" is defined by reference to 42 U.S.C. § 1437a(b)(6). (j) Worker profiling (1) States must set up a system that profiles new regular-benefit claimants to: identify who is likely to run out of benefits and need job-search help to find new work; refer those people to reemployment services like job-search assistance; collect follow-up data on the services people got and their job outcomes, and use that data to improve future identifications; and meet any other requirements the Secretary sets. (2) If the Secretary finds substantial noncompliance, after notice and a hearing, certification can be stopped. (k) Transfer of "unemployment experience" when a business changes hands (1) State law must require: that when a business transfers to another employer under common ownership or control, the seller's unemployment "experience" (their track record affecting their tax rate) transfers with it and gets combined with the buyer's; that this experience does NOT transfer if the buyer wasn't already an employer and the state finds they bought the business mainly to get a lower tax rate; that experience transfers (or doesn't) under Secretary-issued rules meant to stop people from dodging higher tax rates through business transfers; meaningful civil and criminal penalties for people who knowingly break these rules (or knowingly advise someone else to break them); and procedures to spot business transfers or acquisitions covered by this subsection. (2) Definitions here: "unemployment experience" means a person's track record on unemployment and related risk factors; "employer" and "contributions" follow state law and federal tax code definitions; "business" means a trade or business, or part of one; "knowingly" means having actual knowledge, or deliberately ignoring, or recklessly disregarding, the violation; "person" follows the federal tax code's definition. (l) States may still drug-test unemployment applicants (1) Nothing in this law stops a state from testing unemployment applicants for illegal drug use, as a condition of getting benefits, if the applicant either lost their most recent job because of illegal drug use, or can only get suitable work in a field that regularly drug-tests (as the Secretary defines by regulation) — and from denying benefits based on a positive test. (2) "Unemployment compensation" here means what it means in subsection (d)(2)(A); "controlled substance" means what it means in 21 U.S.C. § 802. (m) Uncollected federal unemployment debt If someone owes a "covered unemployment compensation debt" (defined in the federal tax code) that's still unpaid a year after it was finally determined to be owed, the state that's owed the money must try to collect it under the federal tax code's debt-collection process (26 U.S.C. § 6402(f)).

the actual law source: uscode.house.gov ↗public domain

(a) Provisions required

The Secretary of Labor shall make no certification for payment to any State unless he finds that the law of such State, approved by the Secretary of Labor under the Federal Unemployment Tax Act [26 U.S.C. 3301 et seq.], includes provision for—

(1)

Such methods of administration (including after January 1, 1940, methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary of Labor shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due; and

(2)

Payment of unemployment compensation solely through public employment offices or such other agencies as the Secretary of Labor may approve; and

(3)

Opportunity for a fair hearing, before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied; and

(4)

The payment of all money received in the unemployment fund of such State (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b) of the Federal Unemployment Tax Act [26 U.S.C. 3305(b)]), immediately upon such receipt, to the Secretary of the Treasury to the credit of the unemployment trust fund 1 established by section 1104 of this title; and

(5)

Expenditure of all money withdrawn from an unemployment fund of such State, in the payment of unemployment compensation, exclusive of expenses of administration, and for refunds of sums erroneously paid into such fund and refunds paid in accordance with the provisions of section 3305(b) of the Federal Unemployment Tax Act [26 U.S.C. 3305(b)]: Provided, That an amount equal to the amount of employee payments into the unemployment fund of a State may be used in the payment of cash benefits to individuals with respect to their disability, exclusive of expenses of administration: Provided further, That the amounts specified by section 1103(c)(2) or 1103(d)(4) of this title may, subject to the conditions prescribed in such section, be used for expenses incurred by the State for administration of its unemployment compensation law and public employment offices: Provided further, That nothing in this paragraph shall be construed to prohibit deducting an amount from unemployment compensation otherwise payable to an individual and using the amount so deducted to pay for health insurance, or the withholding of Federal, State, or local individual income tax, if the individual elected to have such deduction made and such deduction was made under a program approved by the Secretary of Labor: Provided further, That amounts may be deducted from unemployment benefits and used to repay overpayments as provided in subsection (g): Provided further, That amounts may be withdrawn for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986): Provided further, That amounts may be withdrawn for the payment of allowances under a self-employment assistance program (as defined in section 3306(t) of the Internal Revenue Code of 1986); and

(6)

The making of such reports, in such form and containing such information, as the Secretary of Labor may from time to time require, and compliance with such provisions as the Secretary of Labor may from time to time find necessary to assure the correctness and verification of such reports; and

(7)

Making available upon request to any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation and employment status of each recipient of unemployment compensation, and a statement of such recipient’s rights to further compensation under such law; and

(8)

Effective July 1, 1941, the expenditure of all moneys received pursuant to section 502 of this title solely for the purposes and in the amounts found necessary by the Secretary of Labor for the proper and efficient administration of such State law; and

(9)

Effective July 1, 1941, the replacement, within a reasonable time, of any moneys received pursuant to section 502 of this title, which, because of any action or contingency, have been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper administration of such State law; and

(10)

A requirement that, as a condition of eligibility for regular compensation for any week, any claimant who has been referred to reemployment services pursuant to the profiling system under subsection (j)(1)(B) participate in such services or in similar services unless the State agency charged with the administration of the State law determines—

(A)

such claimant has completed such services; or

(B)

there is justifiable cause for such claimant’s failure to participate in such services; and

(11)

(A)

At the time the State agency determines an erroneous payment from its unemployment fund was made to an individual due to fraud committed by such individual, the assessment of a penalty on the individual in an amount of not less than 15 percent of the amount of the erroneous payment; and

(B)

The immediate deposit of all assessments paid pursuant to subparagraph (A) into the unemployment fund of the State.2

(12)

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) Failure to comply; payments stopped

Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that in the administration of the law there is—

(1)

a denial, in a substantial number of cases, of unemployment compensation to individuals entitled thereto under such law; or

(2)

a failure to comply substantially with any provision specified in subsection (a);

the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such denial or failure to comply. Until he is so satisfied he shall make no further certification to the Secretary of the Treasury with respect to such State: Provided, That there shall be no finding under clause (1) until the question of entitlement shall have been decided by the highest judicial authority given jurisdiction under such State law: Provided further, That any costs may be paid with respect to any claimant by a State and included as costs of administration of its law.

The Secretary of Labor shall make no certification for payment to any State if he finds, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law—

(1)

that such State does not make its records available to the Railroad Retirement Board, and furnish to the Railroad Retirement Board at the expense of the Railroad Retirement Board such copies thereof as the Railroad Retirement Board deems necessary for its purposes;

(2)

that such State is failing to afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment insurance law; or

(3)

that any interest required to be paid on advances under subchapter XII of this chapter has not been paid by the date on which such interest is required to be paid or has been paid directly or indirectly (by an equivalent reduction in State unemployment taxes or otherwise) by such State from amounts in such State’s unemployment fund, until such interest is properly paid.

(d) Disclosure of unemployment compensation information; coordination with supplemental nutrition assistance program benefits agencies; non-compliance of State agency

(1)

The State agency charged with the administration of the State law—

(A)

shall disclose, upon request and on a reimbursable basis, to officers and employees of the Department of Agriculture and to officers or employees of any State supplemental nutrition assistance program benefits agency any of the following information contained in the records of such State agency—

(i)

wage information,

(ii)

whether an individual is receiving, has received, or has made application for, unemployment compensation, and the amount of any such compensation being received (or to be received) by such individual,

(iii)

the current (or most recent) home address of such individual, and

(iv)

whether an individual has refused an offer of employment and, if so, a description of the employment so offered and the terms, conditions, and rate of pay therefor, and

(B)

shall establish such safeguards as are necessary (as determined by the Secretary of Labor in regulations) to insure that information disclosed under subparagraph (A) is used only for purposes of determining an individual’s eligibility for benefits, or the amount of benefits, under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.].

(2)

(A)

For purposes of this paragraph, the term “unemployment compensation” means any unemployment compensation payable under the State law (including amounts payable pursuant to an agreement under a Federal unemployment compensation law).

(B)

The State agency charged with the administration of the State law—

(i)

may require each new applicant for unemployment compensation to disclose whether the applicant owes an uncollected overissuance (as defined in section 13(c)(1) of the Food and Nutrition Act of 2008 [7 U.S.C. 2022(c)(1)]) of supplemental nutrition assistance program benefits benefits,3

(ii)

may notify the State supplemental nutrition assistance program benefits agency to which the uncollected overissuance is owed that the applicant has been determined to be eligible for unemployment compensation if the applicant discloses under clause (i) that the applicant owes an uncollected overissuance and the applicant is determined to be so eligible,

(iii)

may deduct and withhold from any unemployment compensation otherwise payable to an individual—

(I)

the amount specified by the individual to the State agency to be deducted and withheld under this clause,

(II)

the amount (if any) determined pursuant to an agreement submitted to the State supplemental nutrition assistance program benefits agency under section 13(c)(3)(A) of the Food and Nutrition Act of 2008 [7 U.S.C. 2022(c)(3)(A)], or

(III)

any amount otherwise required to be deducted and withheld from the unemployment compensation pursuant to section 13(c)(3)(B) of such Act [7 U.S.C. 2022(c)(3)(B)], and

(iv)

shall pay any amount deducted and withheld under clause (iii) to the appropriate State supplemental nutrition assistance program benefits agency.

(C)

Any amount deducted and withheld under subparagraph (B)(iii) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the State supplemental nutrition assistance program benefits agency to which the uncollected overissuance is owed as repayment of the individual’s uncollected overissuance.

(D)

A State supplemental nutrition assistance program benefits agency to which an uncollected overissuance is owed shall reimburse the State agency charged with the administration of the State unemployment compensation law for the administrative costs incurred by the State agency under this paragraph that are attributable to repayment of uncollected overissuance to the State supplemental nutrition assistance program benefits agency to which the uncollected overissuance is owed.

(3)

Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State.

(4)

For purposes of this subsection, the term “State supplemental nutrition assistance program benefits agency” means any agency described in section 3(t)(1) 4 of the Food and Nutrition Act of 2008 which administers the supplemental nutrition assistance program established under such Act.

(e) Disclosure of wage information; non-compliance of State agency

(1)

The State agency charged with the administration of the State law—

(A)

shall disclose, upon request and on a reimbursable basis, directly to officers or employees of any State or local child support enforcement agency any wage information contained in the records of such State agency, and

(B)

shall establish such safeguards as are necessary (as determined by the Secretary of Labor in regulations) to insure that information disclosed under subparagraph (A) is used only for purposes of establishing and collecting child support obligations from, and locating, individuals owing such obligations.

For purposes of this subsection, the term “child support obligations” only includes obligations which are being enforced pursuant to a plan described in section 654 of this title which has been approved by the Secretary of Health and Human Services under part D of subchapter IV of this chapter.

(2)

(A)

The State agency charged with the administration of the State law—

(i)

shall require each new applicant for unemployment compensation to disclose whether or not such applicant owes child support obligations (as defined in the last sentence of paragraph (1)),

(ii)

shall notify the State or local child support enforcement agency enforcing such obligations, if any applicant discloses under clause (i) that he owes child support obligations and he is determined to be eligible for unemployment compensation, that such applicant has been so determined to be eligible,

(iii)

shall deduct and withhold from any unemployment compensation otherwise payable to an individual—

(I)

the amount specified by the individual to the State agency to be deducted and withheld under this clause,

(II)

the amount (if any) determined pursuant to an agreement submitted to the State agency under section 654(19)(B)(i) of this title, or

(III)

any amount otherwise required to be so deducted and withheld from such unemployment compensation through legal process (as defined in section 662(e) ⁴ of this title), and

(iv)

shall pay any amount deducted and withheld under clause (iii) to the appropriate State or local child support enforcement agency.

Any amount deducted and withheld under clause (iii) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the State or local child support enforcement agency in satisfaction of his child support obligations.

(B)

For purposes of this paragraph, the term “unemployment compensation” means any compensation payable under the State law (including amounts payable pursuant to agreements under any Federal unemployment compensation law).

(C)

Each State or local child support enforcement agency shall reimburse the State agency charged with the administration of the State unemployment compensation law for the administrative costs incurred by such State agency under this paragraph which are attributable to child support obligations being enforced by the State or local child support enforcement agency.

(3)

Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1) or (2), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State.

(4)

For purposes of this subsection, the term “State or local child support enforcement agency” means any agency of a State or political subdivision thereof operating pursuant to a plan described in the last sentence of paragraph (1).

(5)

A State or local child support enforcement agency may disclose to any agent of the agency that is under contract with the agency to carry out the purposes described in paragraph (1)(B) wage information that is disclosed to an officer or employee of the agency under paragraph (1)(A). Any agent of a State or local child support agency that receives wage information under this paragraph shall comply with the safeguards established pursuant to paragraph (1)(B).

(f) Income and eligibility verification system

The State agency charged with the administration of the State law shall provide that information shall be requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1320b–7 of this title.

(g) Recovery of unemployment benefit payments

(1)

A State shall deduct from unemployment benefits otherwise payable to an individual an amount equal to any overpayment made to such individual under an unemployment benefit program of the United States or of any other State, and not previously recovered. The amount so deducted shall be paid to the jurisdiction under whose program such overpayment was made. Any such deduction shall be made only in accordance with the same procedures relating to notice and opportunity for a hearing as apply to the recovery of overpayments of regular unemployment compensation paid by such State.

(2)

Any State may enter into an agreement with the Secretary of Labor under which—

(A)

the State agrees to recover from unemployment benefits otherwise payable to an individual by such State any overpayments made under an unemployment benefit program of the United States to such individual and not previously recovered, in accordance with paragraph (1), and to pay such amounts recovered to the United States for credit to the appropriate account, and

(B)

the United States agrees to allow the State to recover from unemployment benefits otherwise payable to an individual under an unemployment benefit program of the United States any overpayments made by such State to such individual under a State unemployment benefit program and not previously recovered, in accordance with the same procedures as apply under paragraph (1).

(3)

For purposes of this subsection, “unemployment benefits” means unemployment compensation, trade adjustment allowances, Federal additional compensation, and other unemployment assistance.

(h) Disclosure to Secretary of Health and Human Services of wage and unemployment compensation claims information; suspension by Secretary of Labor of payments to State for noncompliance

(1)

The State agency charged with the administration of the State law shall, on a reimbursable basis—

(A)

disclose quarterly, to the Secretary of Health and Human Services, wage and claim information, as required pursuant to section 653(i)(1) of this title, contained in the records of such agency;

(B)

ensure that information provided pursuant to subparagraph (A) meets such standards relating to correctness and verification as the Secretary of Health and Human Services, with the concurrence of the Secretary of Labor, may find necessary; and

(C)

establish such safeguards as the Secretary of Labor determines are necessary to insure that information disclosed under subparagraph (A) is used only for purposes of subsections (i)(1), (i)(3), and (j) of section 653 of this title.

(2)

Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, the Secretary shall make no future certification to the Secretary of the Treasury with respect to the State.

(3)

For purposes of this subsection—

(A)

the term “wage information” means information regarding wages paid to an individual, the social security account number of such individual, and the name, address, State, and the Federal employer identification number of the employer paying such wages to such individual; and

(B)

the term “claim information” means information regarding whether an individual is receiving, has received, or has made application for, unemployment compensation, the amount of any such compensation being received (or to be received by such individual), and the individual’s current (or most recent) home address.

(i) Access to State employment records

(1)

The State agency charged with the administration of the State law—

(A)

shall disclose, upon request and on a reimbursable basis, only to officers and employees of the Department of Housing and Urban Development and to representatives of a public housing agency, any of the following information contained in the records of such State agency with respect to individuals applying for or participating in any housing assistance program administered by the Department who have signed an appropriate consent form approved by the Secretary of Housing and Urban Development—

(i)

wage information, and

(ii)

(B)

shall establish such safeguards as are necessary (as determined by the Secretary of Labor in regulations) to ensure that information disclosed under subparagraph (A) is used only for purposes of determining an individual’s eligibility for benefits, or the amount of benefits, under a housing assistance program of the Department of Housing and Urban Development.

(2)

The Secretary of Labor shall prescribe regulations governing how often and in what form information may be disclosed under paragraph (1)(A).

(3)

Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he or she is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, he or she shall make no future certification to the Secretary of the Treasury with respect to such State.

(4)

For purposes of this subsection, the term “public housing agency” means any agency described in section 1437a(b)(6) of this title.

(j) Worker profiling

(1)

The State agency charged with the administration of the State law shall establish and utilize a system of profiling all new claimants for regular compensation that—

(A)

identifies which claimants will be likely to exhaust regular compensation and will need job search assistance services to make a successful transition to new employment;

(B)

refers claimants identified pursuant to subparagraph (A) to reemployment services, such as job search assistance services, available under any State or Federal law;

(C)

collects follow-up information relating to the services received by such claimants and the employment outcomes for such claimants subsequent to receiving such services and utilizes such information in making identifications pursuant to subparagraph (A); and

(D)

meets such other requirements as the Secretary of Labor determines are appropriate.

(2)

(k) Transfer of unemployment experience upon transfer of business

(1)

For purposes of subsection (a), the unemployment compensation law of a State must provide—

(A)

that if an employer transfers its business to another employer, and both employers are (at the time of transfer) under substantially common ownership, management, or control, then the unemployment experience attributable to the transferred business shall also be transferred to (and combined with the unemployment experience attributable to) the employer to whom such business is so transferred,

(B)

that unemployment experience shall not, by virtue of the transfer of a business, be transferred to the person acquiring such business if—

(i)

such person is not otherwise an employer at the time of such acquisition, and

(ii)

the State agency finds that such person acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions,

(C)

that unemployment experience shall (or shall not) be transferred in accordance with such regulations as the Secretary of Labor may prescribe to ensure that higher rates of contributions are not avoided through the transfer or acquisition of a business,

(D)

that meaningful civil and criminal penalties are imposed with respect to—

(i)

persons that knowingly violate or attempt to violate those provisions of the State law which implement subparagraph (A) or (B) or regulations under subparagraph (C), and

(ii)

persons that knowingly advise another person to violate those provisions of the State law which implement subparagraph (A) or (B) or regulations under subparagraph (C), and

(E)

for the establishment of procedures to identify the transfer or acquisition of a business for purposes of this subsection.

(2)

For purposes of this subsection—

(A)

the term “unemployment experience”, with respect to any person, refers to such person’s experience with respect to unemployment or other factors bearing a direct relation to such person’s unemployment risk;

(B)

the term “employer” means an employer as defined under the State law;

(C)

the term “business” means a trade or business (or a part thereof);

(D)

the term “contributions” has the meaning given such term by section 3306(g) of the Internal Revenue Code of 1986;

(E)

the term “knowingly” means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibition involved; and

(F)

the term “person” has the meaning given such term by section 7701(a)(1) of the Internal Revenue Code of 1986.

(l) No interference with State laws regarding applicant’s unlawful use of controlled substances

(1)

Nothing in this chapter or any other provision of Federal law shall be considered to prevent a State from enacting legislation to provide for—

(A)

testing an applicant for unemployment compensation for the unlawful use of controlled substances as a condition for receiving such compensation, if such applicant—

(i)

was terminated from employment with the applicant’s most recent employer (as defined under the State law) because of the unlawful use of controlled substances; or

(ii)

is an individual for whom suitable work (as defined under the State law) is only available in an occupation that regularly conducts drug testing (as determined under regulations issued by the Secretary of Labor); or

(B)

denying such compensation to such applicant on the basis of the result of the testing conducted by the State under legislation described in subparagraph (A).

(2)

For purposes of this subsection—

(A)

the term “unemployment compensation” has the meaning given such term in subsection (d)(2)(A); and

(B)

the term “controlled substance” has the meaning given such term in section 802 of title 21.

(m) Uncollected covered unemployment compensation debt

In the case of a covered unemployment compensation debt (as defined under section 6402(f)(4) of the Internal Revenue Code of 1986) that remains uncollected as of the date that is 1 year after the debt was finally determined to be due and collected, the State to which such debt is owed shall take action to recover such debt under section 6402(f) of the Internal Revenue Code of 1986.

Source credit: (Aug. 14, 1935, ch. 531, title III, § 303, 49 Stat. 626; June 25, 1938, ch. 680, § 13(g), 52 Stat. 1112; June 20, 1939, ch. 227, § 18, 53 Stat. 848; Aug. 10, 1939, ch. 666, title III, § 302, 53 Stat. 1378; 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, § 416(c), 60 Stat. 991; 1949 Reorg. Plan No. 2, § 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065; Aug. 28, 1950, ch. 809, title IV, § 405(b), 64 Stat. 560; Aug. 5, 1954, ch. 657, § 5(a)(1), 68 Stat. 673; Pub. L. 96–249, title I, § 127(b)(1), May 26, 1980, 94 Stat. 366; Pub. L. 96–265, title IV, § 408(b)(1), June 9, 1980, 94 Stat. 468; Pub. L. 96–473, § 6(e)(1), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 97–35, title XXIII, § 2335(b), Aug. 13, 1981, 95 Stat. 863; Pub. L. 97–248, title I, §§ 171(b)(3), 175(a)(2), Sept. 3, 1982, 96 Stat. 401, 403; Pub. L. 98–21, title V, §§ 515(a), 523(b), Apr. 20, 1983, 97 Stat. 147, 148; Pub. L. 98–369, div. B, title VI, §§ 2651(d), 2663(b)(2)–(5), July 18, 1984, 98 Stat. 1149, 1165; Pub. L. 99–198, title XV, § 1535(b)(3), Dec. 23, 1985, 99 Stat. 1584; Pub. L. 99–272, title XII, § 12401(a), Apr. 7, 1986, 100 Stat. 297; Pub. L. 100–485, title I, § 124(b)(1), Oct. 13, 1988, 102 Stat. 2353; Pub. L. 100–628, title IX, § 904(c)(1)(A), Nov. 7, 1988, 102 Stat. 3260; Pub. L. 102–318, title IV, § 401(a)(3), July 3, 1992, 106 Stat. 298; Pub. L. 103–152, § 4(a)(1), (b), Nov. 24, 1993, 107 Stat. 1517; Pub. L. 103–182, title V, § 507(b)(3), Dec. 8, 1993, 107 Stat. 2154; Pub. L. 103–465, title VII, § 702(c)(3), Dec. 8, 1994, 108 Stat. 4997; Pub. L. 104–193, title III, §§ 313(d), 316(g)(3), Aug. 22, 1996, 110 Stat. 2212, 2219; Pub. L. 105–33, title V, § 5201, Aug. 5, 1997, 111 Stat. 597; Pub. L. 105–65, title V, § 542(a)(1), Oct. 27, 1997, 111 Stat. 1412; Pub. L. 107–147, title II, § 209(d)(2), Mar. 9, 2002, 116 Stat. 33; Pub. L. 108–295, § 2(a), Aug. 9, 2004, 118 Stat. 1090; Pub. L. 110–234, title IV, §§ 4002(b)(1)(A), (B), (D), (2)(V), 4115(c)(1)(A)(i), (B)(iii), (2)(F), May 22, 2008, 122 Stat. 1095–1097, 1109, 1110; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(A), (B), (D), (2)(V), 4115(c)(1)(A)(i), (B)(iii), (2)(F), June 18, 2008, 122 Stat. 1664, 1857, 1858, 1870, 1871; Pub. L. 112–40, title II, § 251(a), Oct. 21, 2011, 125 Stat. 420; Pub. L. 112–96, title II, §§ 2101(a), 2103(a), (b), 2105, 2161(b)(2), Feb. 22, 2012, 126 Stat. 159, 161, 162, 172; Pub. L. 113–67, div. A, title II, § 201(a), Dec. 26, 2013, 127 Stat. 1176.)

history & why it existsrecord from the source credit

1935Enacted · Act of Aug. 14, 1935, ch. 531 · 49 Stat. 626
1938Amended · Act of June 25, 1938, ch. 680 · 52 Stat. 1112
1939Amended · Act of June 20, 1939, ch. 227 · 53 Stat. 848
1939Amended · Act of Aug. 10, 1939, ch. 666 · 53 Stat. 1378
1946Amended · Act of Aug. 10, 1946, ch. 951 · 60 Stat. 991
1950Amended · Act of Aug. 28, 1950, ch. 809 · 64 Stat. 560
1954Amended · Act of Aug. 5, 1954, ch. 657 · 68 Stat. 673
1980Amended · Pub. L. 96-249 · 94 Stat. 366
1980Amended · Pub. L. 96-265 · 94 Stat. 468
1980Amended · Pub. L. 96-473 · 94 Stat. 2265
1981Amended · Pub. L. 97-35 · 95 Stat. 863
1982Amended · Pub. L. 97-248 · 96 Stat. 401, 403
1983Amended · Pub. L. 98-21 · 97 Stat. 147, 148
1984Amended · Pub. L. 98-369 · 98 Stat. 1149, 1165
1985Amended · Pub. L. 99-198 · 99 Stat. 1584
1986Amended · Pub. L. 99-272 · 100 Stat. 297
1988Amended · Pub. L. 100-485 · 102 Stat. 2353
1988Amended · Pub. L. 100-628 · 102 Stat. 3260
1992Amended · Pub. L. 102-318 · 106 Stat. 298
1993Amended · Pub. L. 103-152 · 107 Stat. 1517
1993Amended · Pub. L. 103-182 · 107 Stat. 2154
1994Amended · Pub. L. 103-465 · 108 Stat. 4997
1996Amended · Pub. L. 104-193 · 110 Stat. 2212, 2219
1997Amended · Pub. L. 105-33 · 111 Stat. 597
1997Amended · Pub. L. 105-65 · 111 Stat. 1412
2002Amended · Pub. L. 107-147 · 116 Stat. 33
2004Amended · Pub. L. 108-295 · 118 Stat. 1090
2008Amended · Pub. L. 110-234 · 122 Stat. 1095
2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 1857, 1858, 1870, 1871
2011Amended · Pub. L. 112-40 · 125 Stat. 420
2012Amended · Pub. L. 112-96 · 126 Stat. 159, 161, 162, 172
2013Amended · Pub. L. 113-67 · 127 Stat. 1176

A history note hasn’t been published yet. The record shows enactment by ch. 531 on 1935-08-14.

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