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S. 4252, Worker First Act of 2020

Summary

S. 4252, the Worker First Act of 2020, was introduced in the Senate of the United States on July 21, 2020 by Mr. Wyden and referred to the Committee on Finance. It is a bill to provide funding for States to improve their unemployment compensation programs. Section 2 would add subsection (j) to section 903 of the Social Security Act for special transfers in fiscal years 2020, 2021, and 2022. The Secretary of Labor would provide unemployment compensation modernization incentive payments to the accounts of the States. The maximum incentive payment for a State is figured by multiplying $10,000,000,000 by a ratio, and one-third is transferred upon a certification that the State meets the requirements of paragraph (2).

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Bills Bills 116S4252Is Bills 116S4252Is
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Bills Bills 116S4252Is Bills 116S4252Is

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“S. 4252, Worker First Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4252is-bills-116s4252is/, SHA-256 5392e1ad5ace80cbd93c447596dc856cb6899feea96e8a04735e19aa6c8df48e.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4252
                                                                         To provide funding for States to improve their unemployment compensation
                                                                                             programs, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                     JULY 21, 2020
                                                                       Mr. WYDEN (for himself, Mr. VAN HOLLEN, Mr. SANDERS, Ms. CORTEZ
                                                                           MASTO, Mr. MARKEY, Ms. HIRONO, Mr. BLUMENTHAL, and Ms. WAR-
                                                                           REN) introduced the following bill; which was read twice and referred to
                                                                           the Committee on Finance




                                                                                                                 A BILL
                                                                       To provide funding for States to improve their unemployment
                                                                             compensation programs, and for other purposes.

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

                                                                         4              This Act may be cited as the ‘‘Worker First Act of
                                                                         5 2020’’.




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                                                                         1     SEC. 2. SPECIAL TRANSFERS FOR UNEMPLOYMENT COM-

                                                                         2                             PENSATION IMPROVEMENTS.

                                                                         3              (a) IN GENERAL.—Section 903 of the Social Security
                                                                         4 Act (42 U.S.C. 1103) is amended by adding at the end
                                                                         5 the following:
                                                                         6              ‘‘(j) SPECIAL TRANSFERS IN FISCAL YEARS 2020,
                                                                         7 2021, 2022 FOR IMPROVEMENTS.—
                                                                         8                       ‘‘(1) TRANSFERS.—
                                                                         9                                 ‘‘(A) IN GENERAL.—In addition to any
                                                                       10                        other amounts, the Secretary of Labor shall
                                                                       11                        provide for the making of unemployment com-
                                                                       12                        pensation modernization incentive payments (in
                                                                       13                        this subsection referred to as ‘incentive pay-
                                                                       14                        ments’) to the accounts of the States in the Un-
                                                                       15                        employment Trust Fund, by transfer from
                                                                       16                        amounts reserved for that purpose in the Fed-
                                                                       17                        eral unemployment account, in accordance with
                                                                       18                        succeeding provisions of this subsection.
                                                                       19                                  ‘‘(B) MAXIMUM                      INCENTIVE PAYMENT.—

                                                                       20                        The maximum incentive payment allowable
                                                                       21                        under this subsection with respect to any State
                                                                       22                        shall, as determined by the Secretary of Labor,
                                                                       23                        be equal to the amount obtained by multiplying
                                                                       24                        $10,000,000,000 by the same ratio as would




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                                                                       25                        apply under subsection (a)(2)(B) for purposes
                                                                       26                        of determining such State’s share of any excess
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                                                                         1                       amount (as described in subsection (a)(1)) that
                                                                         2                       would have been subject to transfer to State ac-
                                                                         3                       counts, as of October 1, 2019, under the provi-
                                                                         4                       sions of subsection (a).
                                                                         5                                 ‘‘(C) ALLOTMENTS.—Of the maximum in-
                                                                         6                       centive payment determined under subpara-
                                                                         7                       graph (B) with respect to a State—
                                                                         8                                        ‘‘(i) one-third shall be transferred to
                                                                         9                                 the account of such State upon a certifi-
                                                                       10                                  cation under paragraph (6) that the State
                                                                       11                                  meets the requirements of paragraph (2);
                                                                       12                                         ‘‘(ii) one-third shall be transferred to
                                                                       13                                  the account of such State upon a certifi-
                                                                       14                                  cation under paragraph (6) that the State
                                                                       15                                  law of such State meets the requirements
                                                                       16                                  of paragraph (3); and
                                                                       17                                         ‘‘(iii) the remainder shall be trans-
                                                                       18                                  ferred to the account of such State upon a
                                                                       19                                  certification under paragraph (6) that the
                                                                       20                                  State law of such State meets the require-
                                                                       21                                  ments of paragraph (4).
                                                                       22                        ‘‘(2) WORKER SAFETY.—A State meets the re-
                                                                       23               quirements of this paragraph if the State provides
                                                                       24               the Secretary with assurances that the State is en-



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                                                                       25               forcing laws, policies, or regulations (and will con-


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                                                                         1              tinue to enforce such laws, policies, or regulations
                                                                         2              through the later of December 31, 2021, or the end
                                                                         3              of        emergency                period             described             in    section
                                                                         4              1135(g)(1)(B)) under which—
                                                                         5                                 ‘‘(A) work is not considered to be suitable
                                                                         6                       work under the State law unless the work is in
                                                                         7                       compliance with all applicable health and safety
                                                                         8                       guidelines and standards related to the preven-
                                                                         9                       tion of occupational exposure to COVID–19, in-
                                                                       10                        cluding such guidelines and standards issued by
                                                                       11                        the Occupational Safety and Health Adminis-
                                                                       12                        tration, under State plans approved under sec-
                                                                       13                        tion 18 of the Occupational Safety and Health
                                                                       14                        Act of 1970, by the Centers for Disease Control
                                                                       15                        and Prevention, and Federal, State, or by local
                                                                       16                        public health authorities; and
                                                                       17                                  ‘‘(B) an individual is not disqualified from
                                                                       18                        regular unemployment compensation under the
                                                                       19                        State law for separating from employment if
                                                                       20                        that separation is because the work is not in
                                                                       21                        compliance with all applicable health and safety
                                                                       22                        guidelines and standards described in subpara-
                                                                       23                        graph (A).




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                                                                         1                       ‘‘(3) MODERNIZATION.—The State law of a
                                                                         2              State meets the requirements of this paragraph if
                                                                         3              such State law provides for each of the following:
                                                                         4                                 ‘‘(A) An individual is not disqualified from
                                                                         5                       regular unemployment compensation for sepa-
                                                                         6                       rating from employment if that separation is
                                                                         7                       for any compelling family reason. For purposes
                                                                         8                       of this subparagraph, the term ‘compelling fam-
                                                                         9                       ily reason’ means the following:
                                                                       10                                         ‘‘(i) Domestic violence, sexual assault,
                                                                       11                                  stalking, or harassment, verified by such
                                                                       12                                  reasonable and confidential documentation
                                                                       13                                  as the State law may require, which causes
                                                                       14                                  the individual reasonably to believe that
                                                                       15                                  such individual’s continued employment
                                                                       16                                  would jeopardize the safety of the indi-
                                                                       17                                  vidual or of any member of the individual’s
                                                                       18                                  immediate family (as defined by the Sec-
                                                                       19                                  retary of Labor).
                                                                       20                                         ‘‘(ii) The illness or disability of a
                                                                       21                                  member of the individual’s immediate fam-
                                                                       22                                  ily (as those terms are defined by the Sec-
                                                                       23                                  retary of Labor).
                                                                       24                                         ‘‘(iii) The need for the individual to



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                                                                       25                                  accompany such individual’s spouse—


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                                                                         1                                                 ‘‘(I) to a place from which it is
                                                                         2                                         impractical for such individual to com-
                                                                         3                                         mute; and
                                                                         4                                                 ‘‘(II) due to a change in location
                                                                         5                                         of the spouse’s employment.
                                                                         6                                 ‘‘(B) The State law—
                                                                         7                                         ‘‘(i) uses a base period that includes
                                                                         8                                 the most recently completed calendar quar-
                                                                         9                                 ter before the start of the benefit year for
                                                                       10                                  purposes of determining eligibility for un-
                                                                       11                                  employment compensation; or
                                                                       12                                          ‘‘(ii) provides that, in the case of an
                                                                       13                                  individual who would not otherwise be eli-
                                                                       14                                  gible       for        unemployment                    compensation
                                                                       15                                  under the State law because of the use of
                                                                       16                                  a base period that does not include the
                                                                       17                                  most recently completed calendar quarter
                                                                       18                                  before the start of the benefit year, eligi-
                                                                       19                                  bility is determined using a base period
                                                                       20                                  that includes such calendar quarter.
                                                                       21                                  ‘‘(C) An individual is not denied unemploy-
                                                                       22                        ment compensation under any State law provi-
                                                                       23                        sions relating to availability for work, active
                                                                       24                        search for work, or refusal to accept work, sole-



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                                                                       25                        ly because such individual is seeking only part-


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                                                                         1                       time work (as defined by the Secretary of
                                                                         2                       Labor).
                                                                         3                                 ‘‘(D) The State’s definition of suitable
                                                                         4                       work includes health and safety considerations
                                                                         5                       that ensure that a position shall not be deemed
                                                                         6                       suitable for an individual if the circumstances
                                                                         7                       present any unusual risk to the health or safety
                                                                         8                       of the individual.
                                                                         9                       ‘‘(4) EXPANSION.—The State law of a State
                                                                       10               meets the requirements of this paragraph if such
                                                                       11               State law provides for each of the following:
                                                                       12                                  ‘‘(A) Payment of short-time compensation
                                                                       13                        is made under a short-time compensation pro-
                                                                       14                        gram (as defined in section 3306(v) of the In-
                                                                       15                        ternal Revenue Code of 1986).
                                                                       16                                  ‘‘(B) The minimum duration of benefits is
                                                                       17                        at least 26 weeks and no variable duration for-
                                                                       18                        mula that provides for maximum weeks of bene-
                                                                       19                        fits of fewer than 26 weeks is used.
                                                                       20                        ‘‘(5) APPLICATION.—
                                                                       21                                  ‘‘(A) IN GENERAL.—Any State seeking an
                                                                       22                        incentive payment under this subsection shall
                                                                       23                        submit an application therefor at such time, in
                                                                       24                        such manner, and complete with such informa-



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                                                                       25                        tion as the Secretary of Labor may within 60


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                                                                         1                       days after the date of the enactment of this
                                                                         2                       subsection prescribe (whether by regulation or
                                                                         3                       otherwise), including information relating to
                                                                         4                       compliance with the requirements of paragraph
                                                                         5                       (2), (3), or (4), as well as how the State intends
                                                                         6                       to use the incentive payment to improve or
                                                                         7                       strengthen the State’s unemployment com-
                                                                         8                       pensation program. The Secretary of Labor
                                                                         9                       shall, within 30 days after receiving a complete
                                                                       10                        application, notify the State agency of the State
                                                                       11                        of the Secretary’s findings with respect to the
                                                                       12                        requirements of paragraph (2), (3), or (4), as
                                                                       13                        the case may be.
                                                                       14                                  ‘‘(B) LIMITATION.—No application under
                                                                       15                        subparagraph (A) may be considered if sub-
                                                                       16                        mitted—
                                                                       17                                         ‘‘(i) prior to the date of enactment of
                                                                       18                                  this subsection; or
                                                                       19                                         ‘‘(ii) after the latest date necessary
                                                                       20                                  (as specified by the Secretary of Labor) to
                                                                       21                                  ensure that all incentive payments under
                                                                       22                                  this subsection are made on or before De-
                                                                       23                                  cember 31, 2021.
                                                                       24                        ‘‘(6) CERTIFICATION.—



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                                                                         1                                 ‘‘(A) IN GENERAL.—Subject to subpara-
                                                                         2                       graphs (B) and (C), if the Secretary of Labor
                                                                         3                       finds that—
                                                                         4                                        ‘‘(i) the State meets the requirements
                                                                         5                                 of paragraph (2); or
                                                                         6                                        ‘‘(ii) the State law provisions (dis-
                                                                         7                                 regarding any State law provisions which
                                                                         8                                 are not then currently in effect as perma-
                                                                         9                                 nent law or which are subject to dis-
                                                                       10                                  continuation) meet the requirements of
                                                                       11                                  paragraph (3) or (4), as the case may be;
                                                                       12                        the Secretary of Labor shall make a certifi-
                                                                       13                        cation to that effect to the Secretary of the
                                                                       14                        Treasury, together with a certification as to the
                                                                       15                        amount of the incentive payment to be trans-
                                                                       16                        ferred to the State account pursuant to that
                                                                       17                        finding. The Secretary of the Treasury shall
                                                                       18                        make the appropriate transfer within 7 days
                                                                       19                        after receiving such certification.
                                                                       20                                  ‘‘(B) SPECIAL                 RULE.—For                  purposes of
                                                                       21                        subparagraph (A)(ii), State law provisions that
                                                                       22                        are to take effect within 2 months after the
                                                                       23                        date of their certification under subparagraph
                                                                       24                        (A) shall be considered to be in effect as of the



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                                                                       25                        date of such certification.


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                                                                         1                                 ‘‘(C) ADDITIONAL                       REQUIREMENTS                FOR

                                                                         2                       CERTIFICATION.—

                                                                         3                                        ‘‘(i) COMPLIANCE WITH OTHER STATE
                                                                         4                                 LAW REQUIREMENTS.—No                                   certification of
                                                                         5                                 compliance with the requirements of para-
                                                                         6                                 graph (2), (3), or (4) may be made with
                                                                         7                                 respect to any State whose State law is not
                                                                         8                                 otherwise eligible for certification under
                                                                         9                                 section 303 or approvable under section
                                                                       10                                  3304 of the Internal Revenue Code of
                                                                       11                                  1986.
                                                                       12                                         ‘‘(ii)          COMPLIANCE                WITH           WORKER

                                                                       13                                  SAFETY REQUIREMENTS.—No certification

                                                                       14                                  of compliance with the requirements of
                                                                       15                                  paragraph (3) or (4) may be made with re-
                                                                       16                                  spect to any State that does not meet the
                                                                       17                                  requirements of paragraph (2).
                                                                       18                        ‘‘(7) USE OF INCENTIVE PAYMENTS.—
                                                                       19                                  ‘‘(A) BENEFITS.—Except as provided in
                                                                       20                        subparagraph (B), any amount transferred to
                                                                       21                        the account of a State under this subsection
                                                                       22                        may be used by such State only in the payment
                                                                       23                        of cash benefits to individuals with respect to
                                                                       24                        their unemployment, exclusive of expenses of



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                                                                       25                        administration.


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                                                                         1                                 ‘‘(B) ADMINISTRATION.—A State may,
                                                                         2                       subject to the same conditions described in sub-
                                                                         3                       section (c)(2) (excluding subparagraph (B) of
                                                                         4                       such subsection, and deeming the reference to
                                                                         5                       ‘subsections (a) and (b)’ in subparagraph (D)
                                                                         6                       of such subsection to include this subsection),
                                                                         7                       use any amount transferred to the account of
                                                                         8                       such State under this subsection for the admin-
                                                                         9                       istration of its unemployment compensation law
                                                                       10                        (including administration for carrying out the
                                                                       11                        provisions of, and amendments made, by sub-
                                                                       12                        title A of title II of division A of the CARES
                                                                       13                        Act) and public employment offices, including
                                                                       14                        improvements in technology.
                                                                       15                        ‘‘(8) FUNDING.—Out of any money in the Fed-
                                                                       16               eral unemployment account not otherwise appro-
                                                                       17               priated, the Secretary of the Treasury shall reserve
                                                                       18               $10,000,000,000 for incentive payments under this
                                                                       19               subsection. Any amount so reserved shall not be
                                                                       20               taken into account for purposes of any determina-
                                                                       21               tion under section 902, 910, or 1203 of the amount
                                                                       22               in the Federal unemployment account as of any
                                                                       23               given time. Any amount so reserved for which the
                                                                       24               Secretary of the Treasury has not received a certifi-



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                                                                       25               cation under paragraph (6) by the deadline de-


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                                                                         1              scribed in paragraph (5)(B)(ii) shall, on January 1,
                                                                         2              2022, become unrestricted as to use as part of the
                                                                         3              Federal unemployment account.
                                                                         4                       ‘‘(9) DEFINITIONS.—In this subsection, the
                                                                         5              terms ‘benefit year’, ‘base period’, and ‘week’ have
                                                                         6              the respective meanings given such terms under sec-
                                                                         7              tion 205 of the Federal-State Extended Unemploy-
                                                                         8              ment Compensation Act of 1970 (26 U.S.C. 3304
                                                                         9              note).’’.
                                                                       10               (b) REGULATIONS.—The Secretary of Labor may
                                                                       11 prescribe any regulations, operating instructions, or other
                                                                       12 guidance necessary to carry out the amendment made by
                                                                       13 subsection (a).
                                                                                                                                  Æ




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