85 STAT. 810 Independent professional review program. Repeal, 81 Stat. 920. (3) by inserting after paragraph (30) the following new paragraph: 66 "(31) provide (A) for a regular program of independent professional review (including medical evaluation of each patient's need for intermediate care) and a written plan of service prior to admission or authorization of benefits in an intermediate care facility which provides more than a minimum level of health care services as determined under regulations of the Secretary; (B) for periodic on-site inspections to be made in all such intermediate care facilities (if the State plan includes care in such institutions) within the State by one or more independent professional review teams (composed of physicians or registered nurses and other appropriate health and social service personnel) of (i) the care being provided in such intermediate care facilities to persons receiving assistance under the State plan, (ii) with respect to each of the patients receiving such care, the adequacy of the services available in particular intermediate care facilities to meet the current health needs and promote the maximum physical wellbeing of patients receiving care in such facilities, (iii) the necessity and desirability of the continued placement of such patients in such facilities, and (iv) the feasibility of meeting their health care needs through alternative institutional or non-institutional services; and (C) for the making by such team or teams of full and complete reports of the findings resulting from such inspections, together with any recommendations to the State agency administering or supervising the administration of the State plan." c) Section 1121 of such Act is repealed. (d) The amendments made by this section shall become effective January 1, 1972. SEC. 5. Section 1007 of the Social Security Amendments of 1969, as amended, is further amended by striking out "1972" where it appears 42 USC 415 note. and inserting in lieu thereof "1973”. Approved December 28, 1971. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-590 (Comm. on Ways and Means) and SENATE REPORT No. 92-552 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 117 (1971): Nov. 17, considered and passed House. Dec. 4, considered and passed Senate, amended. Dec. 14, Senate and House agreed to conference report. Public Law 92-224 92nd Congress, H. R. 6065 December 29, 1971 An Act To amend section 903 (c) (2) of the Social Security Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 903 (c) (2) of the Social Security Act (42 U.S.C. 1103 (c) (2)) is amended (1) by striking out "fourteen preceding fiscal years," in subparagraph (D) of the first sentence and inserting in lieu thereof "twenty-four preceding fiscal years,"; (2) by striking out "such fifteen fiscal years" in subparagraph (D) of the first sentence and inserting in lieu thereof "such twentyfive fiscal years"; and (3) by striking out "fourteenth preceding fiscal year" in the second sentence and inserting in lieu thereof "twenty-fourth preceding fiscal year". TITLE II—EMERGENCY UNEMPLOYMENT COMPENSATION SHORT TITLE Employment security, funds trans fer; emergency unemployment compensation. 82 Stat. 447. 85 STAT. 810 85 STAT. 811 SEC. 201. This title may be cited as the "Emergency Unemploy- Citation of ment Compensation Act of 1971". FEDERAL-STATE AGREEMENTS SEC. 202. (a) Any State, the State unemployment compensation law of which is approved by the Secretary of Labor (hereinafter in this title referred to as the "Secretary"), under section 3304 of the Internal Revenue Code of 1954, which desires to do so, may enter into and participate in an agreement with the Secretary under this title, if such State law contains (as of the date such agreement is entered into) a requirement that extended compensation be payable thereunder as provided by the Federal-State Extended Unemployment Compensation Act of 1970. Any State which is a party to an agreement under this title may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Any such agreement shall provide that the State agency of the State will make payments of emergency compensation (1) to individuals who (A)(i) have exhausted all rights to regular compensation under the State law; (ii) have exhausted all rights to extended compensation, (B) have no rights to compensation (including both regu- (C) are not receiving compensation with respect to such (2) for any week of unemployment which begins in (A) an emergency benefit period (as defined in subsection (c) (3)); and (B) the individual's period of eligibility (as defined in section 205 (b)). (75) title. 85 STAT. 812 Regular compensation rights, exhaustion. Extended compensation rights, exhaustion. 84 Stat. 708. 26 USC 3304 note. Emergency benefit period. Publication in Federal Register. State emergency on" indicator. emer State 11 gency off" indicator. (c) (1) For purposes of subsection (b) (1) (A), an individual shall be deemed to have exhausted his rights to regular compensation under a State law when (A) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on employment or wages during his base period; or (B) his rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. (2) For purposes of subsection (b) (1) (B), an individual shall be deemed to have exhausted his rights to extended compensation under a State law when no payments of extended compensation under a State law can be made under such law because such individual has received all the extended compensation available to him from his extended compensation account (as established under State law in accordance with section 202 (b) (1) of the Federal-State Extended Unemployment Compensation Act of 1970). (3)(A) (i) For purposes of subsection (b) (2) (A), in the case of any State, an emergency benefit period (I) shall begin with the third week after a week for which there is a State "emergency on" indicator; and (II) shall end with the third week after the first week for which there is a State "emergency off" indicator. (ii) In the case of any State, no emergency benefit period shall last for a period of less than 26 consecutive weeks. (iii) When a determination has been made that an emergency benefit period is beginning or ending with respect to any State, the Secretary shall cause notice of such determination to be published in the Federal Register. (B) (i) For purposes of subparagraph (A), there is a State "emergency on" indicator for a week if— (I) the rate of unemployment (as determined under subparagraph (C)) in the State for the period consisting of such week and the immediately preceding 12 weeks equaled or exceeded 6.5 per centum; and (II) there (a) is a State or National "on" indicator for such week (as determined under subsections (d) and (e) of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970), or (b) there is neither a State nor National “on” indicator for such week (as so determined), but (1) within the 52-week period ending with such week there has been a State or National "on" indicator for a week (as so determined), and (2) there would be a State "on" indicator for such week except for the provisions of section 203 (e) (1) (A) of the Federal-State Extended Unemployment Compensation Act of 1970. (ii) For purposes of subparagraph (A), there is a State "emergency off" indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of unemployment (as determined under subparagraph (C)) is less than 6.5 per centum. (C) (i) For purposes of subparagraph (B), the term “rate of unemunemployment." ployment" means— "Rate of "13-week exhaustion rate." (I) the rate of insured unemployment (as determined under section 203 (f) of the Federal-State Extended Unemployment Compensation Act of 1970), plus (II) the 13-week exhaustion rate (as determined under clause (ii)). (ii) The "13-week exhaustion rate" is the percentage arrived at by dividing (I) 25 per centum of the sum of the exhaustions, during the most recent 12 calendar months ending before the week with respect to which such rate is computed, of regular compensation under the State law, by (II) the average monthly covered employment (as that term is used in section 203 (f) of the Federal-State Extended Unemployment Compensation Act of 1970) of the State with respect to the 13-week period referred to in subparagraph (B) (ii). (d) For purposes of any agreement under this title (1) the amount of the emergency compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to him during his benefit year under the State law; and (2) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall (except where inconsistent with the provisions of this title or regulations of the Secretary promulgated to carry out this title) apply to claims for emergency compensation and the payment thereof. (e) (1) Any agreement under this title with a State shall provide that the State will establish, for each eligible individual who files an application for emergency compensation, an emergency compensation account. (2) The amount established in such account for any individual shall be equal to the lesser of (A) 50 per centum of the total amount of regular compensation (including dependents' allowances) payable to him with respect to the benefit year (as determined under the State law) on the basis of which he most recently received regular compensation; or (B) thirteen times his average weekly benefit amount (as determined for purposes of section 202 (b) (1) (C) of the FederalState Extended Unemployment Compensation Act of 1970) for his benefit year. (f) No emergency compensation shall be payable to any individual under an agreement entered into under this title for any week prior to the week following the week in which such agreement is entered into, or if later, the first week beginning more than 30 days after the date of enactment of this Act. No emergency compensation shall be payable to any individual under such an agreement for any week ending after— (1) June 30, 1972, or (2) September 30, 1972, in the case of an individual who (for a week ending before July 1, 1972) had a week with respect to which emergency compensation was payable under such agreement. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF SEC. 203. (a) There shall be paid to each State which has entered into an agreement under this title an amount equal to 100 per centum of the emergency compensation paid to individuals by the State pursuant to such agreement. 85 STAT. 813 84 Stat. 709. 26 USC 3304 note. Emergency compensation account. Effective dates. (b) No payment shall be made to any State under this section in Limitation. respect of compensation for which the State is entitled to reimbursement under the provisions of any Federal law other than this title. (c) Sums payable to any State by reason of such State's having an agreement under this title shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in 86-516 O - 72 - 6 85 STAT. 814 84 Stat. 716. 42 USC 1105. Appropriation. Infra. 74 Stat. 974. 42 USC 1103. Supra. such amounts as the Secretary estimates the State will be entitled to receive under this title for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which would have been paid to the State. Such estimates may be made on the basis of such statístical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. FINANCING PROVISIONS SEC. 204. (a) (1) Funds in the extended unemployment compensation account (as established by section 905 of the Social Security Act) of the Unemployment Trust Fund shall be used for the making of payments to States having agreements entered into under this title. (2) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this title. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act) to the account of such State in the Unemployment Trust Fund. (b) There are hereby authorized to be appropriated, without fiscal year limitation, to the extended unemployment compensation account, as repayable advances (without interest), such sums as may be necessary to carry out the purposes of this title. Amounts appropriated as repayable advances and paid to the States under section 203 shall be repaid, without interest, as provided in section 903 (b) (3) of the Social Security Act. (c) Section 903 (b) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(3) The amount which, but for this paragraph, would be transferred to the account of a State under subsection (a) or paragraph (1) of this subsection shall (after applying paragraph (2) of this subsection) be reduced (but not below zero) by the balance of that portion of the advances made under section 204(b) of the Emergency Unemployment Compensation Act of 1971 which was used for payments to such State under section 203 of such Act. An amount equal to the sum by which such amount is reduced shall be transferred to the general fund of the Treasury. Any amount transferred as a repayment under this paragraph shall be credited against, and shall operate to reduce, any balance repayable under this paragraph by the State to which (but for this paragraph) such amount would have been payable." 84 Stat. 712. 26 USC 3304 note. DEFINITIONS SEC. 205. For purposes of this title (a) the terms "compensation", "regular compensation", "extended compensation", "base period", "benefit year", "State", "State agency", "State law", and "week" shall have the meanings assigned to them under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970; (b) the term "period of eligibility" means, in the case of any individual, the weeks in his benefit year which begin in an extended benefit period or an emergency benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such extended benefit period or in such emergency benefit period; and |