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S. 4143, American Workforce Rescue Act of 2020

Summary

Senate bill 4143 of the 116th Congress, 2D Session, is the American Workforce Rescue Act of 2020, a bill to extend the unemployment insurance provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act for the duration of the economic recovery. Schumer introduced it on July 1, 2020 with Wyden, and it was referred to the Committee on Finance. Its table of contents covers extension of Federal Pandemic Unemployment Compensation, the pandemic emergency unemployment compensation program, pandemic unemployment assistance, and additional unemployment compensation provisions. Section 2 sets the applicable end date for a State at the date that is 13 weeks after the first date the State is not in an extended benefit period.

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Bills Bills 116S4143Is Bills 116S4143Is
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Bills Bills 116S4143Is Bills 116S4143Is

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“S. 4143, American Workforce Rescue Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4143is-bills-116s4143is/, SHA-256 82431393b970ac557b94bb5f5316f322f6e8ed544055b7ee04de90467c119fd5.

Full text

                                                                                                                                                                           II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                                S. 4143
                                                                       To extend the unemployment insurance provisions of the Coronavirus Aid,
                                                                           Relief, and Economic Security (CARES) Act for the duration of the
                                                                           economic recovery, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                       JULY 1, 2020
                                                                           Mr. SCHUMER (for himself and Mr. WYDEN) introduced the following bill;
                                                                               which was read twice and referred to the Committee on Finance




                                                                                                                   A BILL
                                                                       To extend the unemployment insurance provisions of the
                                                                          Coronavirus Aid, Relief, and Economic Security
                                                                          (CARES) Act for the duration of the economic recovery,
                                                                          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; TABLE OF CONTENTS.

                                                                          4               (a) SHORT TITLE.—This Act may be cited as the
                                                                          5 ‘‘American Workforce Rescue Act of 2020’’.
                                                                          6               (b) TABLE OF CONTENTS.—The table of contents of




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                                                                          7 this Act is as follows:
                                                                                   Sec. 1. Short title; table of contents.
                                                                                   Sec. 2. Extension of Federal Pandemic Unemployment Compensation.




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                                                                                   Sec. 3. Extension and expansion of the pandemic emergency unemployment
                                                                                                   compensation program.
                                                                                   Sec. 4. Extension of pandemic unemployment assistance.
                                                                                   Sec. 5. Extension of additional unemployment compensation provisions.

                                                                          1        SEC. 2. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY-

                                                                          2                                 MENT COMPENSATION.

                                                                          3               (a) EXTENSION.—Section 2104(e) of the Relief for
                                                                          4 Workers Affected by Coronavirus Act (contained in sub-
                                                                          5 title A of title II of division A of the CARES Act (Public
                                                                          6 Law 116–136)) is amended to read as follows:
                                                                          7               ‘‘(e) APPLICABILITY.—
                                                                          8                        ‘‘(1) IN GENERAL.—An agreement entered into
                                                                          9               under this section shall apply to weeks of unemploy-
                                                                       10                 ment—
                                                                       11                                    ‘‘(A) beginning after the date on which
                                                                       12                          such agreement is entered into; and
                                                                       13                                    ‘‘(B) ending on or before the applicable
                                                                       14                          end date described in paragraph (2).
                                                                       15                          ‘‘(2) APPLICABLE END DATE.—
                                                                       16                                    ‘‘(A) IN          GENERAL.—The                        applicable end
                                                                       17                          date described in this paragraph with respect to
                                                                       18                          a State is the date that is 13 weeks after the
                                                                       19                          first date (after the date the State entered into
                                                                       20                          an agreement under this section) that the State
                                                                       21                          is not in an extended benefit period described in




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                                                                       22                          subparagraph (B).



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                                                                          1                                ‘‘(B) EXTENDED BENEFIT PERIOD.—For
                                                                          2                       purposes of subparagraph (A), a State shall be
                                                                          3                       considered to be in an extended benefit period,
                                                                          4                       as of any given day, if such a period would then
                                                                          5                       be in effect for such State under the Federal-
                                                                          6                       State Extended Unemployment Compensation
                                                                          7                       Act of 1970 (26 U.S.C. 3304 note) if—
                                                                          8                                        ‘‘(i) section 203(f) of such Act were
                                                                          9                                applied to such State (regardless of wheth-
                                                                       10                                  er the State by law had provided for such
                                                                       11                                  application); and
                                                                       12                                          ‘‘(ii) such section 203(f)—
                                                                       13                                                   ‘‘(I) were applied by substituting
                                                                       14                                          ‘6.0’ for ‘6.5’ in paragraph (1)(A)(i)
                                                                       15                                          thereof; and
                                                                       16                                                   ‘‘(II) did not include the require-
                                                                       17                                          ment           under           paragraph               (1)(A)(ii)
                                                                       18                                          thereof.’’.
                                                                       19                (b) REVISION OF AMOUNT.—Section 2104(b) of the
                                                                       20 Relief for Workers Affected by Coronavirus Act (contained
                                                                       21 in subtitle A of title II of division A of the CARES Act
                                                                       22 (Public Law 116–136)) is amended—
                                                                       23                         (1) in paragraph (1)(B), by inserting ‘‘(or, for




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                                                                       24                weeks of unemployment beginning after July 31,
                                                                       25                2020, and ending on or before the applicable end


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                                                                          1              date described in subsection (e)(2) the amount de-
                                                                          2              scribed in paragraph (3))’’ after ‘‘$600’’; and
                                                                          3                       (2) by adding at the end the following new
                                                                          4              paragraph:
                                                                          5                       ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM-
                                                                          6              PLOYMENT COMPENSATION.—

                                                                          7                                ‘‘(A) TIERS.—The amount described in
                                                                          8                       this paragraph is, with respect to a State, the
                                                                          9                       following amount:
                                                                       10                                          ‘‘(i) FIRST                TIER       AMOUNT.—In       the
                                                                       11                                  case of weeks beginning in a first tier high
                                                                       12                                  unemployment period described in sub-
                                                                       13                                  paragraph (B)(i), $100.
                                                                       14                                          ‘‘(ii) SECOND TIER AMOUNT.—In the
                                                                       15                                  case of weeks beginning in a second tier
                                                                       16                                  high unemployment period described in
                                                                       17                                  subparagraph (B)(ii), $200.
                                                                       18                                          ‘‘(iii) THIRD TIER AMOUNT.—In the
                                                                       19                                  case of weeks beginning in a third tier high
                                                                       20                                  unemployment period described in sub-
                                                                       21                                  paragraph (B)(iii), $300.
                                                                       22                                          ‘‘(iv) FOURTH TIER AMOUNT.—In the
                                                                       23                                  case of weeks beginning in a fourth tier




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                                                                       24                                  high unemployment period described in
                                                                       25                                  subparagraph (B)(iv), $400.


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                                                                          1                                        ‘‘(v) FIFTH TIER AMOUNT.—In the
                                                                          2                                case of weeks beginning in a third tier high
                                                                          3                                unemployment period described in sub-
                                                                          4                                paragraph (B)(v), $500.
                                                                          5                                        ‘‘(vi) SIXTH TIER AMOUNT.—In the
                                                                          6                                case of weeks beginning in a fourth tier
                                                                          7                                high unemployment period described in
                                                                          8                                subparagraph (B)(vi), $600.
                                                                          9                                ‘‘(B) HIGH UNEMPLOYMENT PERIODS.—
                                                                       10                                          ‘‘(i) FIRST                TIER.—For              purposes of
                                                                       11                                  subparagraph (A)(i), a first tier high un-
                                                                       12                                  employment period described in this clause
                                                                       13                                  is, with respect to a State, any period dur-
                                                                       14                                  ing which an extended benefit period would
                                                                       15                                  be in effect for the State under the Fed-
                                                                       16                                  eral-State Extended Unemployment Com-
                                                                       17                                  pensation Act of 1970 (26 U.S.C. 3304
                                                                       18                                  note) if—
                                                                       19                                                   ‘‘(I) section 203(f) of such Act
                                                                       20                                          were applied to such State (regardless
                                                                       21                                          of whether the State by law had pro-
                                                                       22                                          vided for such application); and
                                                                       23                                                   ‘‘(II) such section 203(f)—




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                                                                       24                                                             ‘‘(aa) were applied by sub-
                                                                       25                                                   stituting ‘6.0 percent but less


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                                                                          1                                                 than 7.0 percent’ for ‘6.5’ in
                                                                          2                                                 paragraph (1)(A)(i) thereof; and
                                                                          3                                                           ‘‘(bb) did not include the re-
                                                                          4                                                 quirement                  under              paragraph
                                                                          5                                                 (1)(A)(ii) thereof.
                                                                          6                                        ‘‘(ii) SECOND TIER.—For purposes of
                                                                          7                                subparagraph (A)(ii), a second tier high
                                                                          8                                unemployment period described in this
                                                                          9                                clause is, with respect to a State, any pe-
                                                                       10                                  riod during which an extended benefit pe-
                                                                       11                                  riod would be in effect for the State under
                                                                       12                                  the Federal-State Extended Unemployment
                                                                       13                                  Compensation Act of 1970 (26 U.S.C.
                                                                       14                                  3304 note) if—
                                                                       15                                                   ‘‘(I) section 203(f) of such Act
                                                                       16                                          were applied to such State (regardless
                                                                       17                                          of whether the State by law had pro-
                                                                       18                                          vided for such application); and
                                                                       19                                                   ‘‘(II) such section 203(f)—
                                                                       20                                                             ‘‘(aa) were applied by sub-
                                                                       21                                                   stituting ‘7.0 percent but less
                                                                       22                                                   than 8.0 percent’ for ‘6.5’ in
                                                                       23                                                   paragraph (1)(A)(i) thereof; and




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                                                                          1                                                           ‘‘(bb) did not include the re-
                                                                          2                                                 quirement                  under              paragraph
                                                                          3                                                 (1)(A)(ii) thereof.
                                                                          4                                        ‘‘(iii) THIRD TIER.—For purposes of
                                                                          5                                subparagraph (A)(iii), a third tier high un-
                                                                          6                                employment period described in this clause
                                                                          7                                is, with respect to a State, any period dur-
                                                                          8                                ing which an extended benefit period would
                                                                          9                                be in effect for the State under the Fed-
                                                                       10                                  eral-State Extended Unemployment Com-
                                                                       11                                  pensation Act of 1970 (26 U.S.C. 3304
                                                                       12                                  note) if—
                                                                       13                                                   ‘‘(I) section 203(f) of such Act
                                                                       14                                          were applied to such State (regardless
                                                                       15                                          of whether the State by law had pro-
                                                                       16                                          vided for such application); and
                                                                       17                                                   ‘‘(II) such section 203(f)—
                                                                       18                                                             ‘‘(aa) were applied by sub-
                                                                       19                                                   stituting ‘8.0 percent but less
                                                                       20                                                   than 9.0 percent’ for ‘6.5’ in
                                                                       21                                                   paragraph (1)(A)(i) thereof; and
                                                                       22                                                             ‘‘(bb) did not include the re-
                                                                       23                                                   quirement                  under              paragraph




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                                                                       24                                                   (1)(A)(ii) thereof.




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                                                                          1                                        ‘‘(iv) FOURTH TIER.—For purposes of
                                                                          2                                subparagraph (A)(iv), a fourth tier high
                                                                          3                                unemployment period described in this
                                                                          4                                clause is, with respect to a State, any pe-
                                                                          5                                riod during which an extended benefit pe-
                                                                          6                                riod would be in effect for the State under
                                                                          7                                the Federal-State Extended Unemployment
                                                                          8                                Compensation Act of 1970 (26 U.S.C.
                                                                          9                                3304 note) if—
                                                                       10                                                   ‘‘(I) section 203(f) of such Act
                                                                       11                                          were applied to such State (regardless
                                                                       12                                          of whether the State by law had pro-
                                                                       13                                          vided for such application); and
                                                                       14                                                   ‘‘(II) such section 203(f)—
                                                                       15                                                             ‘‘(aa) were applied by sub-
                                                                       16                                                   stituting ‘9.0 percent but less
                                                                       17                                                   than 10.0 percent’ for ‘6.5’ in
                                                                       18                                                   paragraph (1)(A)(i) thereof; and
                                                                       19                                                             ‘‘(bb) did not include the re-
                                                                       20                                                   quirement                  under              paragraph
                                                                       21                                                   (1)(A)(ii) thereof.
                                                                       22                                          ‘‘(v) FIFTH TIER.—For purposes of
                                                                       23                                  subparagraph (A)(v), a fifth tier high un-




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                                                                       24                                  employment period described in this clause
                                                                       25                                  is, with respect to a State, any period dur-


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                                                                          1                                ing which an extended benefit period would
                                                                          2                                be in effect for the State under the Fed-
                                                                          3                                eral-State Extended Unemployment Com-
                                                                          4                                pensation Act of 1970 (26 U.S.C. 3304
                                                                          5                                note) if—
                                                                          6                                                 ‘‘(I) section 203(f) of such Act
                                                                          7                                        were applied to such State (regardless
                                                                          8                                        of whether the State by law had pro-
                                                                          9                                        vided for such application); and
                                                                       10                                                   ‘‘(II) such section 203(f)—
                                                                       11                                                             ‘‘(aa) were applied by sub-
                                                                       12                                                   stituting ‘10.0 percent but less
                                                                       13                                                   than 11.0 percent’ for ‘6.5’ in
                                                                       14                                                   paragraph (1)(A)(i) thereof; and
                                                                       15                                                             ‘‘(bb) did not include the re-
                                                                       16                                                   quirement                  under              paragraph
                                                                       17                                                   (1)(A)(ii) thereof.
                                                                       18                                          ‘‘(vi) SIXTH TIER.—For purposes of
                                                                       19                                  subparagraph (A)(vi), a sixth tier high un-
                                                                       20                                  employment period described in this clause
                                                                       21                                  is, with respect to a State, any period dur-
                                                                       22                                  ing which an extended benefit period would
                                                                       23                                  be in effect for the State under the Fed-




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                                                                       24                                  eral-State Extended Unemployment Com-




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                                                                          1                                pensation Act of 1970 (26 U.S.C. 3304
                                                                          2                                note) if—
                                                                          3                                                 ‘‘(I) section 203(f) of such Act
                                                                          4                                        were applied to such State (regardless
                                                                          5                                        of whether the State by law had pro-
                                                                          6                                        vided for such application); and
                                                                          7                                                 ‘‘(II) such section 203(f)—
                                                                          8                                                            ‘‘(aa) were applied by sub-
                                                                          9                                                 stituting ‘11.0 percent’ for ‘6.5’
                                                                       10                                                   in paragraph (1)(A)(i) thereof;
                                                                       11                                                   and
                                                                       12                                                              ‘‘(bb) did not include the re-
                                                                       13                                                   quirement                  under              paragraph
                                                                       14                                                   (1)(A)(ii) thereof.
                                                                       15                                  ‘‘(C) SPECIAL RULES.—
                                                                       16                                          ‘‘(i) MINIMUM PERIOD ON A TIER BE-
                                                                       17                                  FORE MOVING TO A LOWER TIER.—Once a

                                                                       18                                  State is in a high unemployment period
                                                                       19                                  tier described in clause (ii), (iii), (iv), (v),
                                                                       20                                  or (vi) of subparagraph (B), the State may
                                                                       21                                  not move to a lower high unemployment
                                                                       22                                  period tier (resulting in a lower dollar
                                                                       23                                  amount under subparagraph (A)) before




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                                                                       24                                  the State has been in the existing high un-




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                                                                          1                                 employment period tier for a period of at
                                                                          2                                 least 13 consecutive weeks.
                                                                          3                                        ‘‘(ii) DEEMED FIRST TIER.—For pur-
                                                                          4                                 poses of determining the amount of Fed-
                                                                          5                                 eral Pandemic Unemployment Compensa-
                                                                          6                                 tion during the 13-week period described
                                                                          7                                 in subsection (e)(2)(A) with respect to a
                                                                          8                                 State, the State shall be deemed to be in
                                                                          9                                 a first tier high unemployment period de-
                                                                       10                                   scribed in subparagraph (B)(i) during such
                                                                       11                                   period.’’.
                                                                       12          SEC. 3. EXTENSION AND EXPANSION OF THE PANDEMIC

                                                                       13                                  EMERGENCY               UNEMPLOYMENT                       COMPENSA-

                                                                       14                                  TION PROGRAM.

                                                                       15                (a) EXTENSION.—Section 2107(g) of the Relief for
                                                                       16 Workers Affected by Coronavirus Act (contained in sub-
                                                                       17 title A of title II of division A of the CARES Act (Public
                                                                       18 Law 116–136)) is amended to read as follows:
                                                                       19                ‘‘(g) APPLICABILITY.—
                                                                       20                         ‘‘(1) IN GENERAL.—Subject to paragraphs (2)
                                                                       21                and (3), an agreement entered into under this sec-
                                                                       22                tion shall apply, with respect to a State, to weeks of
                                                                       23                unemployment—




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                                                                       24                                   ‘‘(A) beginning after the date on which
                                                                       25                         such agreement is entered into; and


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                                                                          1                                ‘‘(B) ending on or before the applicable
                                                                          2                       end date described in paragraph (2).
                                                                          3                       ‘‘(2) APPLICABLE END DATE.—
                                                                          4                                ‘‘(A) IN           GENERAL.—The                        applicable end
                                                                          5                       date described in this paragraph with respect to
                                                                          6                       a State is the later of—
                                                                          7                                        ‘‘(i) March 27, 2021; or
                                                                          8                                        ‘‘(ii) if, as of the date under clause
                                                                          9                                (i), the State is in an extended benefit pe-
                                                                       10                                  riod described in subparagraph (B), the
                                                                       11                                  first date after the date under clause (i)
                                                                       12                                  that the State is not in an extended benefit
                                                                       13                                  period described in subparagraph (B).
                                                                       14                                  ‘‘(B) EXTENDED BENEFIT PERIOD.—For
                                                                       15                         purposes of subparagraph (A), a State shall be
                                                                       16                         considered to be in an extended benefit period,
                                                                       17                         as of any given day, if such a period would then
                                                                       18                         be in effect for such State under the Federal-
                                                                       19                         State Extended Unemployment Compensation
                                                                       20                         Act of 1970 (26 U.S.C. 3304 note) if—
                                                                       21                                          ‘‘(i) section 203(f) of such Act were
                                                                       22                                  applied to such State (regardless of wheth-
                                                                       23                                  er the State by law had provided for such




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                                                                       24                                  application); and
                                                                       25                                          ‘‘(ii) such section 203(f)—


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                                                                          1                                                 ‘‘(I) were applied by substituting
                                                                          2                                        ‘5.5’ for ‘6.5’ in paragraph (1)(A)(i)
                                                                          3                                        thereof; and
                                                                          4                                                 ‘‘(II) did not include the require-
                                                                          5                                        ment            under          paragraph               (1)(A)(ii)
                                                                          6                                        thereof.
                                                                          7                       ‘‘(3) TRANSITION FOR AMOUNT REMAINING IN
                                                                          8              ACCOUNT.—

                                                                          9                                ‘‘(A) IN GENERAL.—Subject to subpara-
                                                                       10                         graph (B), in the case of an individual who has
                                                                       11                         amounts remaining in an account established
                                                                       12                         under subsection (b) as of the last day of the
                                                                       13                         last week (as determined in accordance with the
                                                                       14                         applicable State law) ending on or before the
                                                                       15                         date described in paragraph (1)(B), pandemic
                                                                       16                         emergency unemployment compensation shall
                                                                       17                         continue to be payable to such individual from
                                                                       18                         such amounts for any week beginning after
                                                                       19                         such date for which the individual meets the eli-
                                                                       20                         gibility requirements of this section.
                                                                       21                                  ‘‘(B) LIMITATION.—No compensation shall
                                                                       22                         be payable by reason of paragraph (1) for any
                                                                       23                         week beginning after the date that is 4 months




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                                                                       24                         after the date described in paragraph (1)(B).’’.




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                                                                          1              (b) EXPANSION.—Section 2107(b) of the Relief for
                                                                          2 Workers Affected by Coronavirus Act (contained in sub-
                                                                          3 title A of title II of division A of the CARES Act (Public
                                                                          4 Law 116–136)) is amended—
                                                                          5                       (1) by striking paragraph (2) and redesignating
                                                                          6              paragraph (3) as paragraph (2); and
                                                                          7                       (2) by adding at the end the following new
                                                                          8              paragraphs:
                                                                          9                       ‘‘(3) FIRST-TIER PANDEMIC EMERGENCY UNEM-
                                                                       10                PLOYMENT                COMPENSATION.—The                            amount estab-
                                                                       11                lished in an account under paragraph (1) shall be
                                                                       12                equal to 13 times the individual’s average weekly
                                                                       13                benefit amount, which includes the amount of Fed-
                                                                       14                eral Pandemic Unemployment Compensation under
                                                                       15                section 2104, for the benefit year.
                                                                       16                         ‘‘(4) SECOND-TIER PANDEMIC EMERGENCY UN-
                                                                       17                EMPLOYMENT COMPENSATION.—

                                                                       18                                  ‘‘(A) IN GENERAL.—If, at the time that
                                                                       19                         the amount added to an individual’s account
                                                                       20                         under paragraph (3) (in this section referred to
                                                                       21                         as ‘first-tier pandemic emergency unemploy-
                                                                       22                         ment compensation’) is exhausted, or at any
                                                                       23                         time thereafter, such individual’s State is in an




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                                                                       24                         extended benefit period (as determined under
                                                                       25                         subparagraph (B)), such account shall be aug-


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                                                                          1                       mented by an amount (in this section referred
                                                                          2                       to as ‘second-tier pandemic emergency unem-
                                                                          3                       ployment compensation’) equal to 13 times the
                                                                          4                       individual’s average weekly benefit amount,
                                                                          5                       which includes the amount of Federal Pandemic
                                                                          6                       Unemployment Compensation under section
                                                                          7                       2104, for the benefit year.
                                                                          8                                ‘‘(B) EXTENDED BENEFIT PERIOD.—For
                                                                          9                       purposes of subparagraph (A), a State shall be
                                                                       10                         considered to be in an extended benefit period,
                                                                       11                         as of any given time, if such a period would
                                                                       12                         then be in effect for such State under the Fed-
                                                                       13                         eral-State Extended Unemployment Compensa-
                                                                       14                         tion Act of 1970 (26 U.S.C. 3304 note) if—
                                                                       15                                          ‘‘(i) section 203(f) of such Act were
                                                                       16                                  applied to such State (regardless of wheth-
                                                                       17                                  er the State by law had provided for such
                                                                       18                                  application); and
                                                                       19                                          ‘‘(ii) such section 203(f) did not in-
                                                                       20                                  clude the requirement under paragraph
                                                                       21                                  (1)(A)(ii) thereof.
                                                                       22                                  ‘‘(C) LIMITATION.—The account of an in-
                                                                       23                         dividual may be augmented not more than once




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                                                                       24                         under this subsection.




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                                                                          1                       ‘‘(5) THIRD-TIER PANDEMIC EMERGENCY UN-
                                                                          2              EMPLOYMENT COMPENSATION.—

                                                                          3                                ‘‘(A) IN GENERAL.—If, at the time that
                                                                          4                       the amount added to an individual’s account
                                                                          5                       under paragraph (4) is exhausted, or at any
                                                                          6                       time thereafter, such individual’s State is in an
                                                                          7                       extended benefit period (as determined under
                                                                          8                       subparagraph (B)), such account shall be aug-
                                                                          9                       mented by an amount (in this section referred
                                                                       10                         to as ‘third-tier pandemic emergency unemploy-
                                                                       11                         ment compensation’) equal to 13 times the indi-
                                                                       12                         vidual’s average weekly benefit amount, which
                                                                       13                         includes the amount of Federal Pandemic Un-
                                                                       14                         employment Compensation under section 2104,
                                                                       15                         for the benefit year.
                                                                       16                                  ‘‘(B) EXTENDED BENEFIT PERIOD.—For
                                                                       17                         purposes of subparagraph (A), a State shall be
                                                                       18                         considered to be in an extended benefit period,
                                                                       19                         as of any given time, if such a period would
                                                                       20                         then be in effect for such State under the Fed-
                                                                       21                         eral-State Extended Unemployment Compensa-
                                                                       22                         tion Act of 1970 (26 U.S.C. 3304 note) if—
                                                                       23                                          ‘‘(i) section 203(f) of such Act were




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                                                                       24                                  applied to such State (regardless of wheth-




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                                                                          1                                er the State by law had provided for such
                                                                          2                                application); and
                                                                          3                                        ‘‘(ii) such section 203(f)—
                                                                          4                                                 ‘‘(I) were applied by substituting
                                                                          5                                        ‘7.5’ for ‘6.5’ in paragraph (1)(A)(i)
                                                                          6                                        thereof; and
                                                                          7                                                 ‘‘(II) did not include the require-
                                                                          8                                        ment            under          paragraph               (1)(A)(ii)
                                                                          9                                        thereof.
                                                                       10                                  ‘‘(C) LIMITATION.—The account of an in-
                                                                       11                         dividual may be augmented not more than once
                                                                       12                         under this subsection.
                                                                       13                         ‘‘(6) FOURTH-TIER PANDEMIC EMERGENCY UN-
                                                                       14                EMPLOYMENT COMPENSATION.—

                                                                       15                                  ‘‘(A) IN GENERAL.—If, at the time that
                                                                       16                         the amount added to an individual’s account
                                                                       17                         under paragraph (5) is exhausted, or at any
                                                                       18                         time thereafter, such individual’s State is in an
                                                                       19                         extended benefit period (as determined under
                                                                       20                         subparagraph (B)), such account shall be aug-
                                                                       21                         mented by an amount (in this section referred
                                                                       22                         to as ‘fourth-tier pandemic emergency unem-
                                                                       23                         ployment compensation’) equal to 13 times the




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                                                                       24                         individual’s average weekly benefit amount,
                                                                       25                         which includes the amount of Federal Pandemic


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                                                                                                                                  18
                                                                          1                       Unemployment Compensation under section
                                                                          2                       2104, for the benefit year.
                                                                          3                                ‘‘(B) EXTENDED BENEFIT PERIOD.—For
                                                                          4                       purposes of subparagraph (A), a State shall be
                                                                          5                       considered to be in an extended benefit period,
                                                                          6                       as of any given time, if such a period would
                                                                          7                       then be in effect for such State under the Fed-
                                                                          8                       eral-State Extended Unemployment Compensa-
                                                                          9                       tion Act of 1970 (26 U.S.C. 3304 note) if—
                                                                       10                                          ‘‘(i) section 203(f) of such Act were
                                                                       11                                  applied to such State (regardless of wheth-
                                                                       12                                  er the State by law had provided for such
                                                                       13                                  application); and
                                                                       14                                          ‘‘(ii) such section 203(f)—
                                                                       15                                                   ‘‘(I) were applied by substituting
                                                                       16                                          ‘8.5’ for ‘6.5’ in paragraph (1)(A)(i)
                                                                       17                                          thereof; and
                                                                       18                                                   ‘‘(II) did not include the require-
                                                                       19                                          ment            under          paragraph               (1)(A)(ii)
                                                                       20                                          thereof.
                                                                       21                                  ‘‘(C) LIMITATION.—The account of an in-
                                                                       22                         dividual may be augmented not more than once
                                                                       23                         under this subsection.




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                                                                          1                       ‘‘(7) COORDINATION OF PANDEMIC EMERGENCY
                                                                          2              UNEMPLOYMENT                      COMPENSATION                     WITH          REGULAR

                                                                          3              COMPENSATION.—

                                                                          4                                ‘‘(A) IN GENERAL.—If—
                                                                          5                                        ‘‘(i) an individual has been determined
                                                                          6                                to be entitled to pandemic emergency un-
                                                                          7                                employment compensation with respect to
                                                                          8                                a benefit year;
                                                                          9                                        ‘‘(ii) that benefit year has expired;
                                                                       10                                          ‘‘(iii) that individual has remaining
                                                                       11                                  entitlement to pandemic emergency unem-
                                                                       12                                  ployment compensation with respect to
                                                                       13                                  that benefit year; and
                                                                       14                                          ‘‘(iv) that individual would qualify for
                                                                       15                                  a new benefit year in which the weekly
                                                                       16                                  benefit amount of regular compensation is
                                                                       17                                  at least either $100 or 25 percent less
                                                                       18                                  than         the        individual’s               weekly       benefit
                                                                       19                                  amount in the benefit year referred to in
                                                                       20                                  clause (i),
                                                                       21                         then the State shall determine eligibility for
                                                                       22                         compensation as provided in subparagraph (B).
                                                                       23                                  ‘‘(B) DETERMINATION OF ELIGIBILITY.—




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                                                                       24                         For individuals described in subparagraph (A),
                                                                       25                         the State shall determine whether the individual


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                                                                                                                                  20
                                                                          1                       is to be paid pandemic emergency unemploy-
                                                                          2                       ment compensation or regular compensation for
                                                                          3                       a week of unemployment using one of the fol-
                                                                          4                       lowing methods:
                                                                          5                                        ‘‘(i) The State shall, if permitted by
                                                                          6                                State law, establish a new benefit year, but
                                                                          7                                defer the payment of regular compensation
                                                                          8                                with respect to that new benefit year until
                                                                          9                                exhaustion of all pandemic emergency un-
                                                                       10                                  employment compensation payable with re-
                                                                       11                                  spect to the benefit year referred to in sub-
                                                                       12                                  paragraph (A)(i).
                                                                       13                                          ‘‘(ii) The State shall, if permitted by
                                                                       14                                  State law, defer the establishment of a new
                                                                       15                                  benefit year (which uses all the wages and
                                                                       16                                  employment which would have been used to
                                                                       17                                  establish a benefit year but for the applica-
                                                                       18                                  tion of this subparagraph), until exhaus-
                                                                       19                                  tion of all pandemic emergency unemploy-
                                                                       20                                  ment compensation payable with respect to
                                                                       21                                  the benefit year referred to in subpara-
                                                                       22                                  graph (A)(i).
                                                                       23                                          ‘‘(iii) The State shall pay, if permitted




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                                                                       24                                  by State law—




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                                                                                                                                   21
                                                                          1                                                  ‘‘(I) regular compensation equal
                                                                          2                                         to the weekly benefit amount estab-
                                                                          3                                         lished under the new benefit year; and
                                                                          4                                                  ‘‘(II) pandemic emergency unem-
                                                                          5                                         ployment compensation equal to the
                                                                          6                                         difference between that weekly benefit
                                                                          7                                         amount              and         the        weekly      benefit
                                                                          8                                         amount for the expired benefit year.
                                                                          9                                         ‘‘(iv) The State shall determine rights
                                                                       10                                    to    pandemic               emergency                unemployment
                                                                       11                                    compensation without regard to any rights
                                                                       12                                    to regular compensation if the individual
                                                                       13                                    elects to not file a claim for regular com-
                                                                       14                                    pensation under the new benefit year.’’.
                                                                       15          SEC. 4. EXTENSION OF PANDEMIC UNEMPLOYMENT ASSIST-

                                                                       16                                   ANCE.

                                                                       17                 Section 2102 of the Relief for Workers Affected by
                                                                       18 Coronavirus Act (contained in subtitle A of title II of divi-
                                                                       19 sion A of the CARES Act (Public Law 116–136)) is
                                                                       20 amended—
                                                                       21                          (1) in subsection (c)—
                                                                       22                                    (A) in paragraph (1)(A)(ii), by striking
                                                                       23                          ‘‘December 31, 2020’’ and inserting ‘‘the appli-




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                                                                       24                          cable end date described in section 2107(g)(2)’’;
                                                                       25                          and


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                                                                                                                                  22
                                                                          1                                (B) by amending paragraph (2) to read as
                                                                          2                       follows:
                                                                          3                       ‘‘(2) LIMITATION                     ON DURATION OF ASSIST-

                                                                          4              ANCE.—

                                                                          5                                ‘‘(A) IN GENERAL.—The total number of
                                                                          6                       weeks for which a covered individual may re-
                                                                          7                       ceive assistance under this section shall not ex-
                                                                          8                       ceed 39 weeks and such total shall include any
                                                                          9                       week for which the covered individual received
                                                                       10                         regular compensation or extended benefits
                                                                       11                         under any Federal or State law, or pandemic
                                                                       12                         emergency unemployment compensation under
                                                                       13                         section 2107, except that if after March 27,
                                                                       14                         2020, the duration of extended benefits, or pan-
                                                                       15                         demic emergency unemployment compensation
                                                                       16                         under section 2107 is extended, the 39-week pe-
                                                                       17                         riod described in this paragraph shall be ex-
                                                                       18                         tended by—
                                                                       19                                          ‘‘(i) the number of weeks that is equal
                                                                       20                                  to the number of weeks by which the ex-
                                                                       21                                  tended benefits were extended; and
                                                                       22                                          ‘‘(ii) in the case of an extension of
                                                                       23                                  pandemic emergency unemployment com-




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                                                                       24                                  pensation under section 2107, by the num-
                                                                       25                                  ber of weeks that is equal to the additional


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                                                                                                                                  23
                                                                          1                                number of weeks (through augmentation)
                                                                          2                                available with respect to the State in which
                                                                          3                                the individual resides under paragraphs
                                                                          4                                (4), (5), and (6) of section 2107(b).
                                                                          5                                ‘‘(B) EXTENSION                       OF      ASSISTANCE.—For

                                                                          6                       the purpose of an extension of the 39-week pe-
                                                                          7                       riod under subparagraph (A), the following
                                                                          8                       rules shall apply:
                                                                          9                                        ‘‘(i)      TRANSITION                   PERIOD.—Section

                                                                       10                                  2107(g)(3) shall apply to any extension of
                                                                       11                                  assistance under subparagraph (A).
                                                                       12                                          ‘‘(ii)                     ACCOUNTS                    AND

                                                                       13                                  GRANDFATHERING.—In                              determining    the
                                                                       14                                  number of weeks available for a covered in-
                                                                       15                                  dividual under an extension described in
                                                                       16                                  subparagraph (A)(ii), the Secretary shall
                                                                       17                                  apply rules that are similar to the rules de-
                                                                       18                                  scribed in paragraphs (4), (5), and (6) of
                                                                       19                                  section 2107(b), including with respect to
                                                                       20                                  accounts and grandfathering.’’;
                                                                       21                         (2) in subsection (h), by striking ‘‘section 625’’
                                                                       22                 each place it appears and inserting ‘‘part 625’’; and
                                                                       23                         (3) by adding at the end the following:




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                                                                       24                 ‘‘(i) UNEMPLOYMENT RATE CALCULATION FOR CER-
                                                                       25          TAIN     TERRITORIES.—In the case of Guam, American


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                                                                                                                                   24
                                                                          1 Samoa, the Commonwealth of the Northern Mariana Is-
                                                                          2 lands, the Federated States of Micronesia, the Republic
                                                                          3 of the Marshall Islands, and the Republic of Palau, the
                                                                          4 following rules shall apply:
                                                                          5                        ‘‘(1)         For         the         purposes                  of       subsection
                                                                          6               (c)(1)(A)(ii) of this section, the Secretary shall de-
                                                                          7               termine the total unemployment rate of the territory
                                                                          8               in a manner similar to the manner under section
                                                                          9               2107(g)(2).
                                                                       10                          ‘‘(2) For the purpose of subsection (c)(2)(B) of
                                                                       11                 this section, the Secretary shall determine the total
                                                                       12                 unemployment rate of the territory in a manner
                                                                       13                 similar to the manner under paragraphs (4), (5),
                                                                       14                 and (6) of section 2107(b).
                                                                       15                          ‘‘(3) For the purpose of subsection (d)(2) of
                                                                       16                 this section, the Secretary shall determine the total
                                                                       17                 unemployment rate of the territory in a manner
                                                                       18                 similar             to          the           manner               under             section
                                                                       19                 2104(b)(3)(B).’’.
                                                                       20          SEC. 5. EXTENSION OF ADDITIONAL UNEMPLOYMENT COM-

                                                                       21                                   PENSATION PROVISIONS.

                                                                       22                 (a) EMERGENCY UNEMPLOYMENT RELIEF FOR GOV-
                                                                       23          ERNMENTAL                 ENTITIES              AND         NONPROFIT ORGANIZA-




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                                                                       24          TIONS.—Section 903(i)(1)(D) of the Social Security Act

                                                                       25 (42 U.S.C. 1103(i)(1)(D)) is amended by striking ‘‘De-


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                                                                                                                                   25
                                                                          1 cember 31, 2020’’ and inserting ‘‘the applicable end date
                                                                          2 described in section 2107(g)(2) of the Relief for Workers
                                                                          3 Affected by Coronavirus Act (contained in subtitle A of
                                                                          4 title II of division A of the CARES Act)’’.
                                                                          5               (b) TEMPORARY FULL FEDERAL FUNDING OF THE
                                                                          6 FIRST WEEK OF COMPENSABLE REGULAR UNEMPLOY-
                                                                          7        MENT FOR STATES WITH NO WAITING WEEK.—Section

                                                                          8 2105(e)(2) of the Relief for Workers Affected by
                                                                          9 Coronavirus Act (contained in subtitle A of title II of divi-
                                                                       10 sion A of the CARES Act (Public Law 116–136)) is
                                                                       11 amended by striking ‘‘December 31, 2020’’ and inserting
                                                                       12 ‘‘the applicable end date described in section 2107(g)(2)’’.
                                                                       13                 (c) TEMPORARY FINANCING OF SHORT-TIME COM-
                                                                       14          PENSATION PAYMENTS IN STATES WITH PROGRAMS IN

                                                                       15 LAW.—Section 2108(b)(2) of the Relief for Workers Af-
                                                                       16 fected by Coronavirus Act (contained in subtitle A of title
                                                                       17 II of division A of the CARES Act (Public Law 116–136))
                                                                       18 is amended by striking ‘‘December 31, 2020’’ and insert-
                                                                       19 ing ‘‘the applicable end date described in section
                                                                       20 2107(g)(2)’’.
                                                                       21                 (d) TEMPORARY FINANCING OF SHORT-TIME COM-
                                                                       22          PENSATION AGREEMENTS.—Section 2109(d)(2) of the Re-

                                                                       23 lief for Workers Affected by Coronavirus Act (contained




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                                                                       24 in subtitle A of title II of division A of the CARES Act
                                                                       25 (Public Law 116–136)) is amended by striking ‘‘December


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                                                                                                                                   26
                                                                          1 31, 2020’’ and inserting ‘‘the applicable end date de-
                                                                          2 scribed in section 2107(g)(2)’’.
                                                                          3               (e) WAIVER OF THE 7-DAY WAITING PERIOD FOR
                                                                          4 BENEFITS UNDER THE RAILROAD UNEMPLOYMENT IN-
                                                                          5        SURANCE ACT.—Section 2112(a) of the Relief for Workers

                                                                          6 Affected by Coronavirus Act (contained in subtitle A of
                                                                          7 title II of division A of the CARES Act (Public Law 116–
                                                                          8 136)) is amended by striking ‘‘December 31, 2020’’ and
                                                                          9 inserting ‘‘the applicable end date described in section
                                                                       10 2107(g)(2)’’.
                                                                       11                 (f) TEMPORARY ASSISTANCE FOR STATES WITH AD-
                                                                       12          VANCES.—Section 1202(b)(10)(A) of the Social Security

                                                                       13 Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking
                                                                       14 ‘‘December 31, 2020’’ and inserting ‘‘the applicable end
                                                                       15 date described in section 2107(g)(2) of the Relief for
                                                                       16 Workers Affected by Coronavirus Act (contained in sub-
                                                                       17 title A of title II of division A of the CARES Act)’’.
                                                                       18                 (g) FULL FEDERAL FUNDING OF EXTENDED UNEM-
                                                                       19          PLOYMENT            COMPENSATION FOR A LIMITED PERIOD.—
                                                                       20 Subsections (a) and (b) of section 4105 of the Emergency
                                                                       21 Unemployment Insurance Stabilization and Access Act of
                                                                       22 2020 (contained in division D of the Families First
                                                                       23 Coronavirus Response Act (Public Law 116–127)) are




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                                                                       24 each amended by striking ‘‘December 31, 2020’’ and in-
                                                                       25 serting ‘‘the applicable end date described in section


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                                                                                                                                  27
                                                                          1 2107(g)(2) of the Relief for Workers Affected by
                                                                          2 Coronavirus Act (contained in subtitle A of title II of divi-
                                                                          3 sion A of the CARES Act)’’.
                                                                                                                                  Æ




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