Page:United States Statutes at Large Volume 118.djvu/1121

 118 STAT. 1091 PUBLIC LAW 108–295—AUG. 9, 2004 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 sub section. ‘‘(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.’’. (b) STUDY AND REPORTING REQUIREMENTS.— (1) STUDY.—The Secretary of Labor shall conduct a study of the implementation of the provisions of section 303(k) of the Social Security Act (as added by subsection (a)) to assess the status and appropriateness of State actions to meet the requirements of such provisions. (2) REPORT.—Not later than July 15, 2007, the Secretary of Labor shall submit to the Congress a report that contains the findings of the study required by paragraph (1) and rec ommendations for any Congressional action that the Secretary considers necessary to improve the effectiveness of section 303(k) of the Social Security Act. (c) EFFECTIVE DATE.—The amendment made by subsection (a) shall, with respect to a State, apply to certifications for payments (under section 302(a) of the Social Security Act) in rate years beginning after the end of the 26 week period beginning on the first day of the first regularly scheduled session of the State legisla ture beginning on or after the date of the enactment of this Act. (d) DEFINITIONS.—For purposes of this section— (1) the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands; (2) the term ‘‘rate year’’ means the rate year as defined in the applicable State law; and (3) the term ‘‘State law’’ means the unemployment com pensation law of the State, approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1986. SEC. 3. USE OF NEW HIRE INFORMATION TO ASSIST IN ADMINISTRA TION OF UNEMPLOYMENT COMPENSATION PROGRAMS. Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following: ‘‘(8) INFORMATION COMPARISONS AND DISCLOSURE TO ASSIST IN ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PRO GRAMS.— ‘‘(A) IN GENERAL.—If, for purposes of administering an unemployment compensation program under Federal Applicability. 42 USC 503 note.

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