uipl_4_10_change9_att2.pdf

ETA Advisory File Text

ATTACHMENT 2 1 H.R.3630 Middle Class Tax Relief and Job Creation Act of 2012 Enrolled Bill Final as Passed Both House and Senate - ENR SECTION 1. SHORT TITLE TABLE OF CONTENTS. a Short Title- This Act may be cited as the Middle Class Tax Relief and Job Creation Act of 2012 . b Table of Contents- The table of contents for this Act is as follows Sec. 1. Short title table of contents. TITLE I--EXTENSION OF PAYROLL TAX REDUCTION Sec. 1001. Extension of payroll tax reduction. TITLE II--UNEMPLOYMENT BENEFIT CONTINUATION AND PROGRAM IMPROVEMENT Sec. 2001. Short title. Subtitle A--Reforms of Unemployment Compensation to Promote Work and Job Creation Sec. 2101. Consistent job search requirements. Sec. 2102. State flexibility to promote the reemployment of unemployed workers. Sec. 2103. Improving program integrity by better recovery of overpayments. Sec. 2104. Data exchange standardization for improved interoperability. Sec. 2105. Drug testing of applicants. Subtitle B--Provisions Relating To Extended Benefits Sec. 2121. Short title. Sec. 2122. Extension and modification of emergency unemployment compensation program. Sec. 2123. Temporary extension of extended benefit provisions. Sec. 2124. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Subtitle C--Improving Reemployment Strategies Under the Emergency Unemployment Compensation Program Sec. 2141. Improved work search for the long-term unemployed. Sec. 2142. Reemployment services and reemployment and eligibility assessment activities. Sec. 2143. Promoting program integrity through better recovery of overpayments. Sec. 2144. Restore State flexibility to improve unemployment program solvency. TITLE I--EXTENSION OF PAYROLL TAX REDUCTION SEC. 1001. EXTENSION OF PAYROLL TAX REDUCTION. a In General- Subsection c of section 601 of the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act of 2010 26 U.S.C. 1401 note is amended to read as follows c Payroll Tax Holiday Period- The term payroll tax holiday period means calendar years 2011 and 2012. . b Conforming Amendments- Section 601 of such Act 26 U.S.C. 1401 note is amended by striking subsections f and g . c Effective Date- The amendments made by this section shall apply to remuneration received and taxable years beginning after December 31 2011. TITLE II--UNEMPLOYMENT BENEFIT CONTINUATION AND PROGRAM IMPROVEMENT SEC. 2001. SHORT TITLE. This title may be cited as the Extended Benefits Reemployment and Program Integrity Improvement Act . Subtitle A--Reforms of Unemployment Compensation to Promote Work and Job Creation SEC. 2101. CONSISTENT JOB SEARCH REQUIREMENTS. ATTACHMENT 2 2 a In General- Section 303 a of the Social Security Act is amended by adding at the end the following 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 Effective Date- The amendment made by subsection a shall apply to weeks beginning after the end of the first session of the State legislature which begins after the date of enactment of this Act. SEC. 2102. STATE FLEXIBILITY TO PROMOTE THE REEMPLOYMENT OF UNEMPLOYED WORKERS. 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 up to 10 States that submit 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 have established a benefit year and are otherwise eligible to claim 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 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 a statement describing 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 operate for a period of at least 1 calendar year and 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 methodology appropriate to determine the effects of the demonstration project including on individual skill levels earnings and employment retention and B will determine the extent to which the goals and outcomes described in paragraph 3 were achieved 6 assurances that the State will provide any reports relating to the demonstration project after its approval as the Secretary of Labor may require and 7 assurances that employment meets the State s suitable work requirement and the requirements of section 3304 a 5 of the Internal Revenue Code of 1986. 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 enactment of this section 2 may not be approved for a period of time greater than 3 years and 3 must be completed by not later than December 31 2015. e Activities that may be pursued under a demonstration project under this section are limited to-- 1 subsidies for employer-provided training such as wage subsidies and 2 direct disbursements to employers who hire individuals receiving unemployment compensation not to exceed the weekly benefit amount for each such individual to pay part of the cost of wages that exceed the unemployed individual s prior benefit level. f 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 the 30-day period described in paragraph 1 shall be deemed approved and public notice of any approval under this sentence shall be provided within 10 days thereafter. g The Secretary of Labor may terminate a demonstration project under this section if the Secretary determines that the State has violated the substantive terms or conditions of the project. ATTACHMENT 2 3 h Funding certified under section 302 a may be used for an approved demonstration project. . SEC. 2103. IMPROVING PROGRAM INTEGRITY BY BETTER RECOVERY OF OVERPAYMENTS. a Use of Unemployment Compensation to Repay Overpayments- Section 3304 a 4 D of the Internal Revenue Code of 1986 and section 303 g 1 of the Social Security Act are each amended by striking may and inserting shall . b Use of Unemployment Compensation to Repay Federal Additional Compensation Overpayments- Section 303 g 3 of the Social Security Act is amended by inserting Federal additional compensation after trade adjustment allowances . c Effective Date- The amendments made by this section shall apply to weeks beginning after the end of the first session of the State legislature which begins after the date of enactment of this Act. SEC. 2104. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY. a In General- Title IX of the Social Security Act is amended by adding at the end the following DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY Data Exchange Standards Sec. 911. a 1 The Secretary of Labor in consultation with an interagency work group which shall be established by the Office of Management and Budget and considering State and employer perspectives shall by rule designate a data exchange standard for any category of information required under title III title XII or this title. 2 Data exchange standards designated under paragraph 1 shall to the extent practicable be nonproprietary and interoperable. 3 In designating data exchange standards 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. Data Exchange Standards for Reporting b 1 The Secretary of Labor in consultation with an interagency work group established by the Office of Management and Budget and considering State and employer perspectives shall by rule designate data exchange standards to govern the reporting required under title III title XII or this title. 2 The data exchange standards required by paragraph 1 shall to the extent practicable-- A incorporate a widely accepted nonproprietary 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 Markup Language. . b Effective Dates- 1 DATA EXCHANGE STANDARDS- The Secretary of Labor shall issue a proposed rule under section 911 a 1 of the Social Security Act as added by subsection a within 12 months after the date of the enactment of this section and shall issue a final rule under such section 911 a 1 after public comment within 24 months after such date of enactment. 2 DATA REPORTING STANDARDS- The reporting standards required under section 911 b 1 of such Act as so added shall become effective with respect to reports required in the first reporting period after the effective date of the final rule referred to in paragraph 1 of this subsection for which the authority for data collection and reporting is established or renewed under the Paperwork Reduction Act. SEC. 2105. DRUG TESTING OF APPLICANTS. Section 303 of the Social Security Act is amended by adding at the end the following l 1 Nothing in this Act 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-- ATTACHMENT 2 4 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 102 of the Controlled Substances Act 21 U.S.C. 802 . . Subtitle B--Provisions Relating To Extended Benefits SEC. 2121. SHORT TITLE. This subtitle may be cited as the Unemployment Benefits Extension Act of 2012 . SEC. 2122. EXTENSION AND MODIFICATION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. a Extension- Section 4007 of the Supplemental Appropriations Act 2008 Public Law 110-252 26 U.S.C. 3304 note is amended-- 1 in subsection a -- A by striking Except as provided in subsection b an and inserting An and B by striking March 6 2012 and inserting January 2 2013 and 2 by striking subsection b and inserting the following b Termination- No compensation under this title shall be payable for any week subsequent to the last week described in subsection a . . b Modifications Relating to Triggers- 1 FOR SECOND-TIER EMERGENCY UNEMPLOYMENT COMPENSATION- Section 4002 c of such Act is amended-- A in the subsection heading by striking Special Rule and inserting Second-tier Emergency Unemployment Compensation B in paragraph 1 by striking At and all that follows through augmented by an amount and inserting If at the time that the amount established in an individual s account under subsection b is exhausted or at any time thereafter such individual s State is in an extended benefit period as determined under paragraph 2 such account shall be augmented by an amount hereinafter second-tier emergency unemployment compensation C by redesignating paragraph 2 as paragraph 4 and D by inserting after paragraph 1 the following 2 EXTENDED BENEFIT PERIOD- For purposes of paragraph 1 a State shall be considered to be in an extended benefit period as of any given time if such a period would then be in effect for such State under such Act if-- A section 203 f of the Federal-State Extended Unemployment Compensation Act of 1970 were applied to such State regardless of whether the State by law had provided for such application and B such section 203 f -- i were applied by substituting the applicable percentage under paragraph 3 for 6.5 percent in paragraph 1 A i thereof and ii did not include the requirement under paragraph 1 A ii thereof. 3 APPLICABLE PERCENTAGE- The applicable percentage under this paragraph is for purposes of determining if a State is in an extended benefit period as of a date occurring in a week ending-- A before June 1 2012 0 percent and B after the last week under subparagraph A 6 percent. . 2 FOR THIRD-TIER EMERGENCY UNEMPLOYMENT COMPENSATION- Section 4002 d of such Act is amended-- A in paragraph 2 A by striking under such Act and inserting under the Federal-State Extended Unemployment Compensation Act of 1970 B in paragraph 2 B ii I by striking the matter after substituting and before in paragraph 1 A i thereof and inserting the applicable percentage under paragraph 3 for 6.5 percent C by redesignating paragraph 3 as paragraph 4 and D by inserting after paragraph 2 the following ATTACHMENT 2 5 3 APPLICABLE PERCENTAGE- The applicable percentage under this paragraph is for purposes of determining if a State is in an extended benefit period as of a date occurring in a week ending-- A before June 1 2012 6 percent and B after the last week under subparagraph A 7 percent. . 3 FOR FOURTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION- Section 4002 e of such Act is amended-- A in paragraph 2 A by striking under such Act and inserting under the Federal-State Extended Unemployment Compensation Act of 1970 B in paragraph 2 B ii I by striking the matter after substituting and before in paragraph 1 A i thereof and inserting the applicable percentage under paragraph 3 for 6.5 percent C by redesignating paragraph 3 as paragraph 4 and D by inserting after paragraph 2 the following 3 APPLICABLE PERCENTAGE- The applicable percentage under this paragraph is for purposes of determining if a State is in an extended benefit period as of a date occurring in a week ending-- A before June 1 2012 8.5 percent and B after the last week under subparagraph A 9 percent. . c Modifications Relating to Weeks of Emergency Unemployment Compensation- 1 NUMBER OF WEEKS IN FIRST TIER BEGINNING AFTER SEPTEMBER 2 2012- Section 4002 b of such Act is amended-- A by redesignating paragraph 2 as paragraph 3 and B by inserting after paragraph 1 the following 2 SPECIAL RULE RELATING TO AMOUNTS ESTABLISHED IN AN ACCOUNT AS OF A WEEK ENDING AFTER SEPTEMBER 2 2012- Notwithstanding any provision of paragraph 1 in the case of any account established as of a week ending after September 2 2012-- A paragraph 1 A shall be applied by substituting 54 percent for 80 percent and B paragraph 1 B shall be applied by substituting 14 weeks for 20 weeks . . 2 NUMBER OF WEEKS IN THIRD TIER BEGINNING AFTER SEPTEMBER 2 2012- Section 4002 d of such Act is amended by adding after paragraph 4 as so redesignated by subsection b 2 C the following 5 SPECIAL RULE RELATING TO AMOUNTS ADDED TO AN ACCOUNT AS OF A WEEK ENDING AFTER SEPTEMBER 2 2012- Notwithstanding any provision of paragraph 1 if augmentation under this subsection occurs as of a week ending after September 2 2012-- A paragraph 1 A shall be applied by substituting 35 percent for 50 percent and B paragraph 1 B shall be applied by substituting 9 times for 13 times . . 3 NUMBER OF WEEKS IN FOURTH TIER- Section 4002 e of such Act is amended by adding after paragraph 4 as so redesignated by subsection b 3 C the following 5 SPECIAL RULES RELATING TO AMOUNTS ADDED TO AN ACCOUNT- A MARCH TO MAY OF 2012- i SPECIAL RULE- Notwithstanding any provision of paragraph 1 but subject to the following 2 sentences if augmentation under this subsection occurs as of a week ending after the date of enactment of this paragraph and before June 1 2012 or if as of such date of enactment any fourth-tier amounts remain in the individual s account -- I paragraph 1 A shall be applied by substituting 62 percent for 24 percent and II paragraph 1 B shall be applied by substituting 16 times for 6 times . The preceding sentence shall apply only if at the time that the account would be augmented under this subparagraph such individual s State is not in an extended benefit period as determined under the Federal-State Extended Unemployment Compensation Act of 1970. In no event shall the total amount added to the account of an individual under this subparagraph cause in the case of an individual described in the parenthetical matter in the first sentence of this clause the sum of the total amount previously added to such individual s account under this subsection as in effect before the date of enactment of this paragraph and any further amounts added as a result of the enactment of this clause to exceed the total amount allowable under subclause I or II as the case may be. ii LIMITATION- Notwithstanding any other provision of this title the amounts added to the account of an individual under this subparagraph may not cause the sum of the amounts previously established in or added to such account plus any weeks of extended benefits provided to such individual under the Federal-State Extended Unemployment Compensation Act of 1970 based on the same exhaustion of regular compensation under section 4001 b 1 to in the aggregate exceed the lesser of-- I 282 percent of the total amount of regular compensation including dependents ATTACHMENT 2 6 allowances payable to the individual during the individual s benefit year under the State law or II 73 times the individual s average weekly benefit amount as determined under subsection b 3 for the benefit year. B AFTER AUGUST OF 2012- Notwithstanding any provision of paragraph 1 if augmentation under this subsection occurs as of a week ending after September 2 2012-- i paragraph 1 A shall be applied by substituting 39 percent for 24 percent and ii paragraph 1 B shall be applied by substituting 10 times for 6 times . . d Order of Payments Requirement- 1 IN GENERAL- Section 4001 e of such Act is amended to read as follows e Coordination Rule- An agreement under this section shall apply with respect to a State only upon a determination by the Secretary that under the State law or other applicable rules of such State the payment of extended compensation for which an individual is otherwise eligible must be deferred until after the payment of any emergency unemployment compensation under section 4002 as amended by the Unemployment Benefits Extension Act of 2012 for which the individual is concurrently eligible. . 2 TECHNICAL AND CONFORMING AMENDMENTS- Section 4001 b 2 of such Act is amended-- A by striking or extended compensation and B by striking law except as provided under subsection e and inserting law . e Funding- Section 4004 e 1 of such Act is amended-- 1 in subparagraph G by striking and at the end and 2 by inserting after subparagraph H the following I the amendments made by section 2122 of the Unemployment Benefits Extension Act of 2012 and . f Effective Dates- 1 IN GENERAL- The amendments made by subsections b c and d shall take effect as of February 28 2012 and shall apply with respect to weeks of unemployment beginning after that date. 2 WEEK DEFINED- For purposes of this subsection the term week has the meaning given such term under section 4006 of the Supplemental Appropriations Act 2008. SEC. 2123. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS. 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 by striking March 7 2012 each place it appears and inserting December 31 2012 and 2 in subsection c by striking August 15 2012 and inserting June 30 2013 . b Extension of Matching for States With No Waiting Week- Section 5 of the Unemployment Compensation Extension Act of 2008 Public Law 110-449 26 U.S.C. 3304 note is amended by striking August 15 2012 and inserting June 30 2013 . c Extension of Modification of Indicators Under the Extended Benefit Program- Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 26 U.S.C. 3304 note is amended-- 1 in subsection d by striking February 29 2012 and inserting December 31 2012 and 2 in subsection f 2 by striking February 29 2012 and inserting December 31 2012 . d Effective Date- The amendments made by this section shall take effect as if included in the enactment of the Temporary Payroll Tax Cut Continuation Act of 2011 Public Law 112-78 . SEC. 2124. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. a Extension- Section 2 c 2 D iii of the Railroad Unemployment Insurance Act as added by section 2006 of the American Recovery and Reinvestment Act of 2009 Public Law 111-5 and as amended by section 9 of the Worker Homeownership and Business Assistance Act of 2009 Public Law 111-92 section 505 of the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act of 2010 Public Law 111-312 and section 202 of the Temporary Payroll Tax Cut Continuation Act of 2011 Public Law 112-78 is amended-- 1 by striking August 31 2011 and inserting June 30 2012 and 2 by striking February 29 2012 and inserting December 31 2012 . b Clarification on Authority to Use Funds- Funds appropriated under either the first or second sentence of clause iv of section 2 c 2 D of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2 c 2 D by reason of the amendments made by subsection a as well as to cover the cost of such benefits provided under such section 2 c 2 D as in effect on the day before the date of enactment of this Act. c Funding for Administration- Out of any funds in the Treasury not otherwise appropriated there are appropriated to the Railroad Retirement Board 500 000 for administrative expenses associated with the payment of additional extended ATTACHMENT 2 7 unemployment benefits provided under section 2 c 2 D of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection a to remain available until expended. Subtitle C--Improving Reemployment Strategies Under the Emergency Unemployment Compensation Program SEC. 2141. IMPROVED WORK SEARCH FOR THE LONG-TERM UNEMPLOYED. a In General- Section 4001 b of the Supplemental Appropriations Act 2008 Public Law 110-252 26 U.S.C. 3304 note is amended-- 1 by striking and at the end of paragraph 2 2 by striking the period at the end of paragraph 3 and inserting and and 3 by adding at the end the following 4 are able to work available to work and actively seeking work. . b Actively Seeking Work- Section 4001 of such Act is amended by adding at the end the following h Actively Seeking Work- 1 IN GENERAL- For purposes of subsection b 4 the term actively seeking work means with respect to any individual that such individual-- A is registered for employment services in such a manner and to such extent as prescribed by the State agency B has engaged in an active search for employment that is appropriate in light of the employment available in the labor market the individual s skills and capabilities and includes a number of employer contacts that is consistent with the standards communicated to the individual by the State C has maintained a record of such work search including employers contacted method of contact and date contacted and D when requested has provided such work search record to the State agency. 2 RANDOM AUDITING- The Secretary shall establish for each State a minimum number of claims for which work search records must be audited on a random basis in any given week. . SEC. 2142. REEMPLOYMENT SERVICES AND REEMPLOYMENT AND ELIGIBILITY ASSESSMENT ACTIVITIES. a Provision of Services and Activities- Section 4001 of such Act as amended by section 2141 b is further amended by adding at the end the following i Provision of Services and Activities- 1 IN GENERAL- An agreement under this section shall require the following A The State which is party to such agreement shall provide reemployment services and reemployment and eligibility assessment activities to each individual-- i who on or after the 30th day after the date of enactment of the Extended Benefits Reemployment and Program Integrity Improvement Act begins receiving amounts described in subsections b and c and ii while such individual continues to receive emergency unemployment compensation under this title. B As a condition of eligibility for emergency unemployment compensation for any week-- i a claimant who has been duly referred to reemployment services shall participate in such services and ii a claimant shall be actively seeking work determined applying subsection i . 2 DESCRIPTION OF SERVICES AND ACTIVITIES- The reemployment services and in-person reemployment and eligibility assessment activities provided to individuals receiving emergency unemployment compensation described in paragraph 1 -- A shall include-- i the provision of labor market and career information ii an assessment of the skills of the individual iii orientation to the services available through the one-stop centers established under title I of the Workforce Investment Act of 1998 and iv review of the eligibility of the individual for emergency unemployment compensation relating to the job search activities of the individual and B may include the provision of-- i comprehensive and specialized assessments ii individual and group career counseling iii training services iv additional reemployment services and ATTACHMENT 2 8 v job search counseling and the development or review of an individual reemployment plan that includes participation in job search activities and appropriate workshops. 3 PARTICIPATION REQUIREMENT- As a condition of continuing eligibility for emergency unemployment compensation for any week an individual who has been referred to reemployment services or reemployment and eligibility assessment activities under this subsection shall participate in such services or activities unless the State agency responsible for the administration of State unemployment compensation law determines that-- A such individual has completed participating in such services or activities or B there is justifiable cause for failure to participate or to complete participating in such services or activities as determined in accordance with guidance to be issued by the Secretary. . b Issuance of Guidance- Not later than 30 days after the date of enactment of this Act the Secretary shall issue guidance on the implementation of the reemployment services and reemployment and eligibility assessment activities required to be provided under the amendment made by subsection a . c Funding- 1 IN GENERAL- Section 4004 c of the Supplemental Appropriations Act 2008 Public Law 110-252 26 U.S.C. 3304 note is amended-- A by striking States- There and inserting the following States- 1 ADMINISTRATION- There and B by adding at the end the following new paragraph 2 REEMPLOYMENT SERVICES AND REEMPLOYMENT AND ELIGIBILITY ASSESSMENT ACTIVITIES- A APPROPRIATION- There are appropriated from the general fund of the Treasury for the period of fiscal year 2012 through fiscal year 2013 out of the employment security administration account as established by section 901 a of the Social Security Act such sums as determined by the Secretary of Labor in accordance with subparagraph B to assist States in providing reemployment services and reemployment and eligibility assessment activities described in section 4001 h 2 . B DETERMINATION OF TOTAL AMOUNT- The amount referred to in subparagraph A is the amount the Secretary of Labor estimates is equal to-- i the number of individuals who will receive reemployment services and reemployment eligibility and assessment activities described in section 4001 h 2 in all States through the date specified in section 4007 b 3 multiplied by ii 85. C DISTRIBUTION AMONG STATES- Of the amounts appropriated under subparagraph A the Secretary of Labor shall distribute amounts to each State in accordance with section 4003 c that the Secretary estimates is equal to-- i the number of individuals who will receive reemployment services and reemployment and eligibility assessment activities described in section 4001 h 2 in such State through the date specified in section 4007 b 3 multiplied by ii 85. . 2 TRANSFER OF FUNDS- Section 4004 e of the Supplemental Appropriations Act 2008 Public Law 110- 252 26 U.S.C. 3304 note is amended-- A in paragraph 1 G by striking and at the end B in paragraph 2 by striking the period at the end and inserting and and C by adding at the end the following paragraph 3 to the Employment Security Administration account as established by section 901 a of the Social Security Act such sums as the Secretary of Labor determines to be necessary in accordance with subsection c 2 to assist States in providing reemployment services and reemployment eligibility and assessment activities described in section 4001 h 2 . . SEC. 2143. PROMOTING PROGRAM INTEGRITY THROUGH BETTER RECOVERY OF OVERPAYMENTS. Section 4005 c 1 of the Supplemental Appropriations Act 2008 Public Law 110-252 26 U.S.C. 3304 note is amended-- 1 by striking may and inserting shall and 2 by striking except that and all that follows through made and inserting in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State . SEC. 2144. RESTORE STATE FLEXIBILITY TO IMPROVE UNEMPLOYMENT PROGRAM SOLVENCY. Subsection g of section 4001 of the Supplemental Appropriations Act 2008 Public Law 110-252 26 U.S.C. 3304 note shall not apply with respect to a State that has enacted a law before March 1 2012 that upon taking effect would violate such subsection.