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H. R. 6199 — Emergency Unemployment Insurance Stabilization and Access Act of 2020 (March 11, 2020)

Summary

H. R. 6199 of the 116th Congress was introduced in the House of Representatives on March 11, 2020, by Horsford and referred to the Committee on Ways and Means. It may be cited as the Emergency Unemployment Insurance Stabilization and Access Act of 2020. It amends section 903 of the Social Security Act so that the Secretary of Labor provides for emergency administration grants in fiscal year 2020 to the accounts of the States in the Unemployment Trust Fund. A State qualifies if, among other requirements, it requires employers to notify employees of the availability of unemployment compensation at the time of separation from employment.

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Congressional materials
Document type
Bills Bills 116Hr6199Ih Bills 116Hr6199Ih
Case
Bills Bills 116Hr6199Ih Bills 116Hr6199Ih

Cite this document

“H. R. 6199 — Emergency Unemployment Insurance Stabilization and Access Act of 2020 (March 11, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6199ih-bills-116hr6199ih/, SHA-256 17e6714b121b74b3ca688f5f4c67f1a8447f4ebe7af4eeb8d4902d41a1e223ab.

Full text

                                                                                                                                                                       I




                                                                    116TH CONGRESS
                                                                       2D SESSION
                                                                                                         H. R. 6199
                                                                            To provide for emergency transfers for unemployment compensation
                                                                                          administration, and for other purposes.




                                                                                  IN THE HOUSE OF REPRESENTATIVES
                                                                                                 MARCH 11, 2020
                                                                          Mr. HORSFORD introduced the following bill; which was referred to the
                                                                                           Committee on Ways and Means




                                                                                                              A BILL
                                                                           To provide for emergency transfers for unemployment
                                                                           compensation administration, and for other purposes.

                                                                      1              Be it enacted by the Senate and House of Representa-
                                                                      2 tives of the United States of America in Congress assembled,
                                                                      3     SECTION 1. SHORT TITLE.

                                                                      4              This Act may be cited as the ‘‘Emergency Unemploy-
                                                                      5 ment Insurance Stabilization and Access Act of 2020’’.
                                                                      6     SEC. 2. EMERGENCY TRANSFERS FOR UNEMPLOYMENT

                                                                      7                             COMPENSATION ADMINISTRATION.

                                                                      8              (a) IN GENERAL.—Section 903 of the Social Security
                                                                      9 Act (42 U.S.C. 1103) is amended by adding at the end



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                                                                    10 the following:



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                                                                      1               ‘‘Emergency Transfers in Fiscal Year 2020 for
                                                                      2                                             Administration
                                                                      3              ‘‘(h)(1)(A) In addition to any other amounts, the Sec-
                                                                      4 retary of Labor shall provide for the making of emergency
                                                                      5 administration grants in fiscal year 2020 to the accounts
                                                                      6 of the States in the Unemployment Trust Fund, by trans-
                                                                      7 fer from amounts reserved for that purpose in the Federal
                                                                      8 unemployment account, in accordance with succeeding
                                                                      9 provisions of this subsection.
                                                                    10               ‘‘(B) The amount of an emergency administration
                                                                    11 grant with respect to a State shall, as determined by the
                                                                    12 Secretary of Labor, be equal to the amount obtained by
                                                                    13 multiplying $1,000,000,000 by the same ratio as would
                                                                    14 apply under subsection (a)(2)(B) for purposes of deter-
                                                                    15 mining such State’s share of any excess amount (as de-
                                                                    16 scribed in subsection (a)(1)) that would have been subject
                                                                    17 to transfer to State accounts, as of October 1, 2019, under
                                                                    18 the provisions of subsection (a).
                                                                    19               ‘‘(C) Of the emergency administration grant deter-
                                                                    20 mined under subparagraph (B) with respect to a State—
                                                                    21                         ‘‘(i) not later than 30 days after the date of en-
                                                                    22               actment of this subsection, 50 percent shall be
                                                                    23               transferred to the account of such State upon a cer-
                                                                    24               tification by the Secretary of Labor to the Secretary




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                                                                      1              of the Treasury that the State meets the require-
                                                                      2              ments of paragraph (2); and
                                                                      3                        ‘‘(ii) only with respect to a State in which the
                                                                      4              number of unemployment compensation claims has
                                                                      5              increased by at least 10 percent over the previous
                                                                      6              calendar year, the remainder shall be transferred to
                                                                      7              the account of such State upon a certification by the
                                                                      8              Secretary of Labor to the Secretary of the Treasury
                                                                      9              that the State meets the requirements of paragraph
                                                                    10               (3).
                                                                    11               ‘‘(2) The requirements of this paragraph with respect
                                                                    12 to a State are the following:
                                                                    13                         ‘‘(A) The State requires employers to provide
                                                                    14               notification of the availability of unemployment com-
                                                                    15               pensation to employees at the time of separation
                                                                    16               from employment. Such notification may be based
                                                                    17               on model language issued by the Secretary of Labor.
                                                                    18                         ‘‘(B) The State ensures that applications for
                                                                    19               unemployment compensation, and assistance with
                                                                    20               the application process, are accessible in at least two
                                                                    21               of the following: In-person, by phone, or online.
                                                                    22                         ‘‘(C) The State notifies applicants when an ap-
                                                                    23               plication is received and is being processed, and in
                                                                    24               any case in which an application is unable to be




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                                                                    25               processed, provides information about steps the ap-


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                                                                      1              plicant can take to ensure the successful processing
                                                                      2              of the application.
                                                                      3              ‘‘(3) The requirements of this paragraph with respect
                                                                      4 to a State are the following:
                                                                      5                        ‘‘(A) The State has expressed its commitment
                                                                      6              to maintain and strengthen access to the unemploy-
                                                                      7              ment compensation system, including through initial
                                                                      8              and continued claims.
                                                                      9                        ‘‘(B) The State has demonstrated steps it has
                                                                    10               taken or will take to ease eligibility requirements
                                                                    11               and access to unemployment compensation for claim-
                                                                    12               ants, including waiving work search requirements
                                                                    13               and the waiting week, and directly or indirectly re-
                                                                    14               lieving benefit charges for claimants and employers
                                                                    15               directly impacted by COVID-19 due to an illness in
                                                                    16               the workplace or direction from a public health offi-
                                                                    17               cial to isolate or quarantine workers.
                                                                    18               ‘‘(4) Any amount transferred to the account of a
                                                                    19 State under this subsection may be used by such State
                                                                    20 only for the administration of its unemployment com-
                                                                    21 pensation law, including by taking such steps as may be
                                                                    22 necessary to ensure adequate resources in periods of high
                                                                    23 demand.
                                                                    24               ‘‘(5) Not later than 1 year after the date of enact-




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                                                                    25 ment of this Act, each State receiving emergency adminis-


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                                                                      1 tration grant funding under paragraph (1)(C)(i) shall sub-
                                                                      2 mit to the Secretary of Labor, the Committee on Ways
                                                                      3 and Means of the House of Representatives, and the Com-
                                                                      4 mittee on Finance of the Senate, a report that includes—
                                                                      5                        ‘‘(A) an analysis of the recipiency rate for un-
                                                                      6              employment compensation in the State as such rate
                                                                      7              has changed over time;
                                                                      8                        ‘‘(B) a description of steps the State intends to
                                                                      9              take to increase such recipiency rate.
                                                                    10               ‘‘(6)(A) Notwithstanding any other provision of law,
                                                                    11 the Secretary of the Treasury shall transfer from the gen-
                                                                    12 eral fund of the Treasury (from funds not otherwise ap-
                                                                    13 propriated) to the employment security administration ac-
                                                                    14 count (as established by section 901 of the Social Security
                                                                    15 Act) such sums as the Secretary of Labor estimates to
                                                                    16 be necessary for purposes of making the transfers de-
                                                                    17 scribed in paragraph (1)(C).
                                                                    18               ‘‘(B) There are appropriated from the general fund
                                                                    19 of the Treasury, without fiscal year limitation, the sums
                                                                    20 referred to in the preceding sentence and such sums shall
                                                                    21 not be required to be repaid.’’.
                                                                    22               (b)        EMERGENCY                 FLEXIBILITY.—Notwithstanding
                                                                    23 any other law, if a State modifies its unemployment com-
                                                                    24 pensation law and policies (including with respect to work




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                                                                    25 search, waiting week, good cause, and employer experience


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                                                                      1 rating) on an emergency temporary basis as needed to re-
                                                                      2 spond to the spread of COVID-19, such modifications
                                                                      3 shall be disregarded for the purposes of applying section
                                                                      4 303 of the Social Security Act and section 3304 of the
                                                                      5 Internal Revenue Code of 1986 to such State law.
                                                                      6              (c) REGULATIONS.—The Secretary of Labor may
                                                                      7 prescribe any regulations, operating instructions, or other
                                                                      8 guidance necessary to carry out the amendment made by
                                                                      9 subsection (a).
                                                                    10      SEC. 3. TEMPORARY ASSISTANCE FOR STATES WITH AD-

                                                                    11                              VANCES.

                                                                    12               Section 1202(b)(10)(A) of the Social Security Act
                                                                    13 (42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘be-
                                                                    14 ginning on the date of enactment of this paragraph and
                                                                    15 ending on December 31, 2010’’ and inserting ‘‘beginning
                                                                    16 on the date of enactment of the Emergency Unemploy-
                                                                    17 ment Insurance Stabilization and Access Act of 2020 and
                                                                    18 ending on December 31, 2020’’.
                                                                    19      SEC. 4. TECHNICAL ASSISTANCE AND GUIDANCE FOR

                                                                    20                              SHORT-TIME COMPENSATION PROGRAMS.

                                                                    21               The Secretary of Labor shall assist States in estab-
                                                                    22 lishing, implementing, and improving the employer aware-
                                                                    23 ness of short-time compensation programs (as defined in
                                                                    24 section 3306(v) of the Internal Revenue Code of 1986)




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                                                                      1 to help avert layoffs, including by providing technical as-
                                                                      2 sistance and guidance.
                                                                      3     SEC. 5. FULL FEDERAL FUNDING OF EXTENDED UNEM-

                                                                      4                             PLOYMENT COMPENSATION FOR A LIMITED

                                                                      5                             PERIOD.

                                                                      6              (a) IN GENERAL.—In the case of sharable extended
                                                                      7 compensation and sharable regular compensation paid for
                                                                      8 weeks of unemployment beginning after the date of the
                                                                      9 enactment of this section and before December 31, 2020
                                                                    10 (and only with respect to States that receive emergency
                                                                    11 administration grant funding under clauses (i) and (ii) of
                                                                    12 section 903(h)(1)(C) of the Social Security Act (42 U.S.C.
                                                                    13 1102(h)(1)(C))), section 204(a)(1) of the Federal-State
                                                                    14 Extended Unemployment Compensation Act of 1970 (26
                                                                    15 U.S.C. 3304 note) shall be applied by substituting ‘‘100
                                                                    16 percent of’’ for ‘‘one-half of’’.
                                                                    17               (b) TEMPORARY FEDERAL MATCHING                                                    FOR   THE

                                                                    18 FIRST WEEK OF EXTENDED BENEFITS FOR STATES
                                                                    19 WITH NO WAITING WEEK.—With respect to weeks of un-
                                                                    20 employment beginning after the date of the enactment of
                                                                    21 this Act and ending on or before December 31, 2020, sub-
                                                                    22 paragraph (B) of section 204(a)(2) of the Federal-State
                                                                    23 Extended Unemployment Compensation Act of 1970 (26
                                                                    24 U.S.C. 3304 note) shall not apply.




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                                                                    25               (c) DEFINITIONS.—For purposes of this section—


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                                                                      1                        (1) the terms ‘‘sharable extended compensa-
                                                                      2              tion’’ and ‘‘sharable regular compensation’’ have the
                                                                      3              respective meanings given such terms under section
                                                                      4              204 of the Federal-State Extended Unemployment
                                                                      5              Compensation Act of 1970; and
                                                                      6                        (2) the term ‘‘week’’ has the meaning given
                                                                      7              such term under section 205 of the Federal-State
                                                                      8              Extended Unemployment Compensation Act of
                                                                      9              1970.
                                                                    10               (d) REGULATIONS.—The Secretary of Labor may
                                                                    11 prescribe any operating instructions or regulations nec-
                                                                    12 essary to carry out this section.
                                                                                                                               Æ




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