Pandemic Darlings The pandemic economy, in original documents
Home Source documents S. 4771, Continued Assistance to Unemployed Workers Act of 2020

S. 4771, Continued Assistance to Unemployed Workers Act of 2020

Summary

Senate bill 4771, the Continued Assistance to Unemployed Workers Act of 2020, introduced in the Senate of the United States on September 30 (legislative day, September 29), 2020, by Wyden with Schumer and referred to the Committee on Finance. Its printed purpose is to provide continued assistance to unemployed workers. The table of contents lists Title I (Extensions of CARES Act Unemployment Benefits for Workers), Title II (Additional Weeks of Benefit Eligibility) and Title III (Clarifications and Improvements to Pandemic Unemployment Assistance), including Section 101 on extension of Federal Pandemic Unemployment Compensation.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 116S4771Is Bills 116S4771Is
Case
Bills Bills 116S4771Is Bills 116S4771Is

Cite this document

“S. 4771, Continued Assistance to Unemployed Workers Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4771is-bills-116s4771is/, SHA-256 6419790ab1996c2d5639065c9c4801a73b457fac85e58046d4e8348743cdc797.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                               S. 4771
                                                                                         To provide continued assistance to unemployed workers.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                   SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020
                                                                           Mr. WYDEN (for himself and Mr. SCHUMER) introduced the following bill;
                                                                               which was read twice and referred to the Committee on Finance




                                                                                                                 A BILL
                                                                             To provide continued assistance to unemployed workers.

                                                                         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 ‘‘Continued Assistance to Unemployed Workers Act of
                                                                         6 2020’’.
                                                                         7               (b) TABLE OF CONTENTS.—The table of contents of
                                                                         8 this Act is as follows:
                                                                               Sec. 1. Short title; table of contents.

                                                                                        TITLE I—EXTENSIONS OF CARES ACT UNEMPLOYMENT




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                                    BENEFITS FOR WORKERS

                                                                               Sec. 101. Extension of Federal Pandemic Unemployment Compensation.
                                                                               Sec. 102. Extension of Pandemic Unemployment Assistance.
                                                                               Sec. 103. Extension of Pandemic Emergency Unemployment Compensation.



                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6211   E:\BILLS\S4771.IS   S4771
                                                                                                                                  2
                                                                               Sec. 104. Extension of temporary financing of short-time compensation pay-
                                                                                               ments in States with programs in law.
                                                                               Sec. 105. Extension of temporary financing of short-time compensation agree-
                                                                                               ments.
                                                                               Sec. 106. Extension of full Federal funding of the first week of compensable
                                                                                               regular unemployment for States with no waiting week.

                                                                                       TITLE II—ADDITIONAL WEEKS OF BENEFIT ELIGIBILITY

                                                                               Sec. 201. Additional weeks.

                                                                                   TITLE III—CLARIFICATIONS AND IMPROVEMENTS TO PANDEMIC
                                                                                                  UNEMPLOYMENT ASSISTANCE

                                                                               Sec. 301. Clarification of Pandemic Unemployment Assistance eligibility for
                                                                                                primary caregiving.
                                                                               Sec. 302. Waiver authority for certain overpayments of Pandemic Unemploy-
                                                                                                ment Assistance.
                                                                               Sec. 303. Clarification of access to Pandemic Unemployment Assistance for
                                                                                                workers at businesses that reduced staff due to the pandemic.
                                                                               Sec. 304. Hold harmless for Pandemic Unemployment Assistance.

                                                                                   TITLE IV—EXTENSION OF RELIEF TO STATES AND EMPLOYERS

                                                                               Sec. 401. Extension of full Federal funding of extended unemployment com-
                                                                                               pensation.
                                                                               Sec. 402. Extension of temporary assistance for States with advances.
                                                                               Sec. 403. Extension of emergency relief for governmental entities and nonprofit
                                                                                               organizations.

                                                                                    TITLE V—CORRECTIVE ACTION FOR PROCESSING BACKLOGS

                                                                               Sec. 501. State reporting on claims backlogs.

                                                                                       TITLE VI—ADDITIONAL BENEFITS FOR MIXED EARNERS

                                                                               Sec. 601. Mixed Earner Unemployment Compensation.

                                                                                                      TITLE VII—TECHNICAL CORRECTIONS

                                                                               Sec. 701. Grace period for full financing of Short-Time Compensation Pro-
                                                                                               grams.
                                                                               Sec. 702. Technical correction for the Commonwealth of Northern Mariana Is-
                                                                                               lands.
                                                                               Sec. 703. Technical amendment relating to Pandemic Unemployment Assist-
                                                                                               ance.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6211   E:\BILLS\S4771.IS   S4771
                                                                                                                                  3
                                                                         1 TITLE I—EXTENSIONS OF CARES
                                                                         2    ACT UNEMPLOYMENT BENE-
                                                                         3    FITS FOR WORKERS
                                                                         4     SEC. 101. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY-

                                                                         5                             MENT COMPENSATION.

                                                                         6               (a) IN GENERAL.—Section 2104(e) of the CARES
                                                                         7 Act (Public Law 116–136) is amended to read as follows:
                                                                         8               ‘‘(e) APPLICABILITY.—
                                                                         9                        ‘‘(1) IN GENERAL.—An agreement entered into
                                                                       10                under this section shall apply—
                                                                       11                                  ‘‘(A) to weeks of unemployment beginning
                                                                       12                         after the date on which such agreement is en-
                                                                       13                         tered into and ending on or before July 31,
                                                                       14                         2020; and
                                                                       15                                  ‘‘(B) to weeks of unemployment beginning
                                                                       16                         after September 5, 2020 (or, if later, the date
                                                                       17                         on which such agreement is entered into) and
                                                                       18                         ending on or before January 31, 2021.
                                                                       19                         ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE-
                                                                       20                MAINING ENTITLED TO REGULAR COMPENSATION AS

                                                                       21                OF JANUARY 31, 2021.—In the case of any individual

                                                                       22                who, as of the date specified in paragraph (1)(B),
                                                                       23                has not yet exhausted all rights to regular com-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                pensation under the State law of a State with re-
                                                                       25                spect to a benefit year that began before such date,


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                                  4
                                                                         1               Federal Pandemic Unemployment Compensation
                                                                         2               shall continue to be payable to such individual for
                                                                         3               any week beginning on or after such date for which
                                                                         4               the individual is otherwise eligible for regular com-
                                                                         5               pensation with respect to such benefit year.
                                                                         6                        ‘‘(3)        TERMINATION.—Notwithstanding                               any
                                                                         7               other provision of this subsection, no Federal Pan-
                                                                         8               demic Unemployment Compensation shall be payable
                                                                         9               for any week beginning after March 31, 2021.’’.
                                                                       10                (b) LIMITATION ON APPLICATION OF TRANSITION
                                                                       11 RULE.—Section 2104(g) of such Act is amended by in-
                                                                       12 serting ‘‘(except for subsection (e)(2))’’ after ‘‘the pre-
                                                                       13 ceding provisions of this section’’.
                                                                       14                (c) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY-
                                                                       15      MENT COMPENSATION FOR CERTAIN PURPOSES.—Section

                                                                       16 2104(h) of such Act is amended to read as follows:
                                                                       17                ‘‘(h) DISREGARD OF FEDERAL PANDEMIC UNEM-
                                                                       18      PLOYMENT COMPENSATION FOR PURPOSES OF ALL FED-

                                                                       19      ERAL AND FEDERALLY ASSISTED PROGRAMS.—A Federal

                                                                       20 Pandemic Unemployment Compensation payment shall
                                                                       21 not be regarded as income and shall not be regarded as
                                                                       22 a resource for the month of receipt and the following 9
                                                                       23 months, for purposes of determining the eligibility of the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 recipient (or the recipient’s spouse or family) for benefits
                                                                       25 or assistance, or the amount or extent of benefits or assist-


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                                  5
                                                                         1 ance, under any Federal program or under any State or
                                                                         2 local program financed in whole or in part with Federal
                                                                         3 funds.’’.
                                                                         4               (d) EFFECTIVE DATE.—The amendments made by
                                                                         5 this section shall take effect as if included in the enact-
                                                                         6 ment of the CARES Act (Public Law 116–136).
                                                                         7     SEC. 102. EXTENSION OF PANDEMIC UNEMPLOYMENT AS-

                                                                         8                             SISTANCE.

                                                                         9               Section 2102(c) of the CARES Act (15 U.S.C.
                                                                       10 9021(c)) is amended by striking ‘‘December 31, 2020’’
                                                                       11 and inserting ‘‘January 31, 2021’’.
                                                                       12      SEC. 103. EXTENSION OF PANDEMIC EMERGENCY UNEM-

                                                                       13                              PLOYMENT COMPENSATION.

                                                                       14                Section 2107(g)(2) of the CARES Act (15 U.S.C.
                                                                       15 9025(g)(2)) is amended by striking ‘‘December 31, 2020’’
                                                                       16 and inserting ‘‘January 31, 2021’’.
                                                                       17      SEC. 104. EXTENSION OF TEMPORARY FINANCING OF

                                                                       18                              SHORT-TIME COMPENSATION PAYMENTS IN

                                                                       19                              STATES WITH PROGRAMS IN LAW.

                                                                       20                Section 2108(b)(2) of the CARES Act (15 U.S.C.
                                                                       21 9026(b)(2)) is amended by striking ‘‘December 31, 2020’’
                                                                       22 and inserting ‘‘January 31, 2021’’.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                                  6
                                                                         1     SEC. 105. EXTENSION OF TEMPORARY FINANCING OF

                                                                         2                             SHORT-TIME COMPENSATION AGREEMENTS.

                                                                         3               Section 2109(d)(2) of the CARES Act (15 U.S.C.
                                                                         4 9027(d)(2)) is amended by striking ‘‘December 31, 2020’’
                                                                         5 and inserting ‘‘January 31, 2021’’.
                                                                         6     SEC. 106. EXTENSION OF FULL FEDERAL FUNDING OF THE

                                                                         7                             FIRST WEEK OF COMPENSABLE REGULAR

                                                                         8                             UNEMPLOYMENT FOR STATES WITH NO WAIT-

                                                                         9                             ING WEEK.

                                                                       10                Section 2105(e)(2) of the CARES Act (15 U.S.C.
                                                                       11 9024(e)(2)) is amended by striking ‘‘December 31, 2020’’
                                                                       12 and inserting ‘‘January 31, 2021’’.
                                                                       13           TITLE II—ADDITIONAL WEEKS
                                                                       14             OF BENEFIT ELIGIBILITY
                                                                       15      SEC. 201. ADDITIONAL WEEKS.

                                                                       16                Subtitle A of title II of division A of the CARES Act
                                                                       17 (15 U.S.C. 9021 et seq.) is amended by inserting after
                                                                       18 section 2107 the following:
                                                                       19      ‘‘SEC. 2107A. PANDEMIC EMERGENCY UNEMPLOYMENT EX-

                                                                       20                              TENSION COMPENSATION.

                                                                       21                ‘‘(a) FEDERAL-STATE AGREEMENTS.—
                                                                       22                         ‘‘(1) IN GENERAL.—Any State which desires to
                                                                       23                do so may enter into and participate in an agree-
                                                                       24                ment under this section with the Secretary of Labor




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       25                (in this section referred to as the ‘Secretary’). Any
                                                                       26                State which is a party to an agreement under this
                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                                  7
                                                                         1               section may, upon providing 30 days’ written notice
                                                                         2               to the Secretary, terminate such agreement.
                                                                         3                        ‘‘(2) PROVISIONS OF AGREEMENT.—Any agree-
                                                                         4               ment under paragraph (1) shall provide that the
                                                                         5               State agency of the State will make payments (in
                                                                         6               this section referred to as ‘pandemic emergency un-
                                                                         7               employment extension compensation’) to individuals
                                                                         8               who—
                                                                         9                                 ‘‘(A) have exhausted all rights to regular
                                                                       10                         compensation, extended compensation, pan-
                                                                       11                         demic unemployment assistance under section
                                                                       12                         2102, and pandemic emergency unemployment
                                                                       13                         compensation under section 2107;
                                                                       14                                  ‘‘(B) have no rights to any benefit speci-
                                                                       15                         fied in subparagraph (A) or to compensation
                                                                       16                         under any other Federal law or under the un-
                                                                       17                         employment compensation law of Canada; and
                                                                       18                                  ‘‘(C) are able to work, available to work,
                                                                       19                         and actively seeking work.
                                                                       20                         ‘‘(3) EXHAUSTION                      OF       BENEFITS.—For            pur-
                                                                       21                poses of paragraph (2)(A), an individual shall be
                                                                       22                deemed to have exhausted such individual’s rights to
                                                                       23                benefits specified in subparagraph (A) when—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  ‘‘(A) no payments of such benefits can be
                                                                       25                         made because such individual has received all


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                                  8
                                                                         1                        such benefits available to such individual based
                                                                         2                        on employment or wages during such individ-
                                                                         3                        ual’s base period; or
                                                                         4                                 ‘‘(B) such individual’s rights to such bene-
                                                                         5                        fits have been terminated by reason of the expi-
                                                                         6                        ration of the benefit year with respect to which
                                                                         7                        such rights existed.
                                                                         8                        ‘‘(4) WEEKLY                    BENEFIT AMOUNT, ETC.—For

                                                                         9               purposes of any agreement under this section—
                                                                       10                                  ‘‘(A) the amount of pandemic emergency
                                                                       11                         unemployment extension compensation which
                                                                       12                         shall be payable to any individual for any week
                                                                       13                         of total unemployment shall be equal to—
                                                                       14                                          ‘‘(i) the amount of the base compensa-
                                                                       15                                  tion (including any dependents’ allowances)
                                                                       16                                  payable to such individual during such in-
                                                                       17                                  dividual’s benefit year under the State law
                                                                       18                                  for a week of total unemployment; and
                                                                       19                                          ‘‘(ii) the amount of Federal Pandemic
                                                                       20                                  Unemployment Compensation under sec-
                                                                       21                                  tion 2104;
                                                                       22                                  ‘‘(B) the terms and conditions of the State
                                                                       23                         law which apply to claims for regular compensa-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         tion and to the payment thereof (including
                                                                       25                         terms and conditions relating to availability for


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                                  9
                                                                         1                        work, active search for work, and refusal to ac-
                                                                         2                        cept work) shall apply to claims for pandemic
                                                                         3                        emergency unemployment extension compensa-
                                                                         4                        tion and the payment thereof, except where oth-
                                                                         5                        erwise inconsistent with the provisions of this
                                                                         6                        section or with the regulations or operating in-
                                                                         7                        structions of the Secretary promulgated to
                                                                         8                        carry out this section;
                                                                         9                                 ‘‘(C) the maximum amount of pandemic
                                                                       10                         emergency unemployment extension compensa-
                                                                       11                         tion payable to any individual for whom a pan-
                                                                       12                         demic emergency unemployment extension com-
                                                                       13                         pensation account is established under sub-
                                                                       14                         section (b) shall not exceed the amount estab-
                                                                       15                         lished in such account for such individual; and
                                                                       16                                  ‘‘(D) the allowable methods of payment
                                                                       17                         under section 2104(b)(2) shall apply to pay-
                                                                       18                         ments of amounts described in subparagraph
                                                                       19                         (A)(ii).
                                                                       20                         ‘‘(5) NONREDUCTION RULE.—
                                                                       21                                  ‘‘(A) IN GENERAL.—An agreement under
                                                                       22                         this section shall not apply (or shall cease to
                                                                       23                         apply) with respect to a State upon a deter-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         mination by the Secretary that the method gov-
                                                                       25                         erning the computation of regular compensation


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00009   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              10
                                                                         1                        under the State law of that State has been
                                                                         2                        modified in a manner such that the number of
                                                                         3                        weeks (the maximum benefit entitlement), or
                                                                         4                        the average weekly benefit amount, of regular
                                                                         5                        compensation which will be payable during the
                                                                         6                        period of the agreement will be less than the
                                                                         7                        number of weeks, or the average weekly benefit
                                                                         8                        amount, of the average weekly benefit amount
                                                                         9                        of regular compensation which would otherwise
                                                                       10                         have been payable during such period under the
                                                                       11                         State law, as in effect on January 1, 2020.
                                                                       12                                  ‘‘(B) MAXIMUM BENEFIT ENTITLEMENT.—
                                                                       13                         In subparagraph (A), the term ‘maximum ben-
                                                                       14                         efit entitlement’ means the amount of regular
                                                                       15                         compensation payable to an individual with re-
                                                                       16                         spect to the individual’s benefit year.
                                                                       17                         ‘‘(6) ACTIVELY SEEKING WORK.—
                                                                       18                                  ‘‘(A) IN GENERAL.—For purposes of para-
                                                                       19                         graph (2)(C), the term ‘actively seeking work’
                                                                       20                         means, with respect to any individual, that such
                                                                       21                         individual—
                                                                       22                                          ‘‘(i) is registered for employment serv-
                                                                       23                                  ices in such a manner and to such extent




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  as prescribed by the State agency;




                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00010   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              11
                                                                         1                                         ‘‘(ii) has engaged in an active search
                                                                         2                                 for employment that is appropriate in light
                                                                         3                                 of the employment available in the labor
                                                                         4                                 market, the individual’s skills and capabili-
                                                                         5                                 ties, and includes a number of employer
                                                                         6                                 contacts that is consistent with the stand-
                                                                         7                                 ards communicated to the individual by the
                                                                         8                                 State;
                                                                         9                                         ‘‘(iii) has maintained a record of such
                                                                       10                                  work search, including employers con-
                                                                       11                                  tacted, method of contact, and date con-
                                                                       12                                  tacted; and
                                                                       13                                          ‘‘(iv) when requested, has provided
                                                                       14                                  such work search record to the State agen-
                                                                       15                                  cy.
                                                                       16                                  ‘‘(B) FLEXIBILITY.—Notwithstanding the
                                                                       17                         requirements under subparagraph (A) and
                                                                       18                         paragraph (2)(C), a State shall provide flexi-
                                                                       19                         bility in meeting such requirements in case of
                                                                       20                         individuals unable to search for work because of
                                                                       21                         COVID–19, including because of illness, quar-
                                                                       22                         antine, or movement restriction.
                                                                       23                ‘‘(b) PANDEMIC EMERGENCY UNEMPLOYMENT COM-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24      PENSATION ACCOUNT.—




                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00011   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              12
                                                                         1                        ‘‘(1) IN GENERAL.—Any agreement under this
                                                                         2               section shall provide that the State will establish, for
                                                                         3               each eligible individual who files an application for
                                                                         4               pandemic emergency unemployment extension com-
                                                                         5               pensation, a pandemic emergency unemployment ex-
                                                                         6               tension compensation account with respect to such
                                                                         7               individual’s benefit year.
                                                                         8                        ‘‘(2) AMOUNT IN ACCOUNT.—The amount es-
                                                                         9               tablished in an account under subsection (a) shall be
                                                                       10                equal to 13 times the individual’s average weekly
                                                                       11                benefit amount, which includes the amount of Fed-
                                                                       12                eral Pandemic Unemployment Compensation under
                                                                       13                section 2104, for the benefit year.
                                                                       14                         ‘‘(3) WEEKLY                    BENEFIT AMOUNT.—For                     pur-
                                                                       15                poses of this subsection, an individual’s weekly ben-
                                                                       16                efit amount for any week is the amount of base com-
                                                                       17                pensation (including any dependents’ allowances)
                                                                       18                under the State law payable to such individual for
                                                                       19                such week for total unemployment plus the amount
                                                                       20                of Federal Pandemic Unemployment Compensation
                                                                       21                under section 2104.
                                                                       22                ‘‘(c) PAYMENTS TO STATES HAVING AGREEMENTS
                                                                       23      FOR THE PAYMENT OF PANDEMIC EMERGENCY UNEM-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24      PLOYMENT EXTENSION COMPENSATION.—




                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00012   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              13
                                                                         1                        ‘‘(1) IN GENERAL.—There shall be paid to each
                                                                         2               State that has entered into an agreement under this
                                                                         3               section an amount equal to 100 percent of the pan-
                                                                         4               demic emergency unemployment extension com-
                                                                         5               pensation paid to individuals by the State pursuant
                                                                         6               to such agreement.
                                                                         7                        ‘‘(2) TREATMENT                       OF       REIMBURSABLE             COM-

                                                                         8               PENSATION.—No                     payment shall be made to any
                                                                         9               State under this section in respect of any compensa-
                                                                       10                tion to the extent the State is entitled to reimburse-
                                                                       11                ment in respect of such compensation under the pro-
                                                                       12                visions of any Federal law other than this section or
                                                                       13                chapter 85 of title 5, United States Code. A State
                                                                       14                shall not be entitled to any reimbursement under
                                                                       15                such chapter 85 in respect of any compensation to
                                                                       16                the extent the State is entitled to reimbursement
                                                                       17                under this section in respect of such compensation.
                                                                       18                         ‘‘(3) DETERMINATION OF AMOUNT.—Sums pay-
                                                                       19                able to any State by reason of such State having an
                                                                       20                agreement under this section shall be payable, either
                                                                       21                in advance or by way of reimbursement (as may be
                                                                       22                determined by the Secretary), in such amounts as
                                                                       23                the Secretary estimates the State will be entitled to




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                receive under this section for each calendar month,
                                                                       25                reduced or increased, as the case may be, by any


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00013   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              14
                                                                         1               amount by which the Secretary finds that the Sec-
                                                                         2               retary’s estimates for any prior calendar month were
                                                                         3               greater or less than the amounts which should have
                                                                         4               been paid to the State. Such estimates may be made
                                                                         5               on the basis of such statistical, sampling, or other
                                                                         6               method as may be agreed upon by the Secretary and
                                                                         7               the State agency of the State involved.
                                                                         8               ‘‘(d) FINANCING PROVISIONS.—
                                                                         9                        ‘‘(1) COMPENSATION.—
                                                                       10                                  ‘‘(A) IN GENERAL.—Funds in the extended
                                                                       11                         unemployment compensation account (as estab-
                                                                       12                         lished by section 905(a) of the Social Security
                                                                       13                         Act (42 U.S.C. 1105(a))) of the Unemployment
                                                                       14                         Trust Fund (as established by section 904(a) of
                                                                       15                         such Act (42 U.S.C. 1104(a))) shall be used for
                                                                       16                         the making of payments to States having agree-
                                                                       17                         ments entered into under this section.
                                                                       18                                  ‘‘(B) TRANSFER                       OF       FUNDS.—Notwith-

                                                                       19                         standing any other provision of law, the Sec-
                                                                       20                         retary of the Treasury shall transfer from the
                                                                       21                         general fund of the Treasury (from funds not
                                                                       22                         otherwise appropriated) to the extended unem-
                                                                       23                         ployment compensation account such sums as




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         the Secretary of Labor estimates to be nec-
                                                                       25                         essary to make payments described in subpara-


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00014   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              15
                                                                         1                        graph (A). There are appropriated from the
                                                                         2                        general fund of the Treasury, without fiscal
                                                                         3                        year limitation, the sums referred to in the pre-
                                                                         4                        ceding sentence and such sums shall not be re-
                                                                         5                        quired to be repaid.
                                                                         6                        ‘‘(2) ADMINISTRATION.—
                                                                         7                                 ‘‘(A) IN               GENERAL.—There                     are appro-
                                                                         8                        priated out of the employment security adminis-
                                                                         9                        tration account (as established by section
                                                                       10                         901(a) of the Social Security Act (42 U.S.C.
                                                                       11                         1101(a))) of the Unemployment Trust Fund,
                                                                       12                         without fiscal year limitation, such funds as
                                                                       13                         may be necessary for purposes of assisting
                                                                       14                         States (as provided in title III of the Social Se-
                                                                       15                         curity Act (42 U.S.C. 501 et seq.)) in meeting
                                                                       16                         the costs of administration of agreements under
                                                                       17                         this section.
                                                                       18                                  ‘‘(B) TRANSFER                       OF       FUNDS.—Notwith-

                                                                       19                         standing any other provision of law, the Sec-
                                                                       20                         retary of the Treasury shall transfer from the
                                                                       21                         general fund of the Treasury (from funds not
                                                                       22                         otherwise appropriated) to the employment se-
                                                                       23                         curity administration account such sums as the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         Secretary of Labor estimates to be necessary to
                                                                       25                         make payments described in subparagraph (A).


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00015   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              16
                                                                         1                        There are appropriated from the general fund
                                                                         2                        of the Treasury, without fiscal year limitation,
                                                                         3                        the sums referred to in the preceding sentence
                                                                         4                        and such sums shall not be required to be re-
                                                                         5                        paid.
                                                                         6                        ‘‘(3)       CERTIFICATION.—The                            Secretary     shall
                                                                         7               from time to time certify to the Secretary of the
                                                                         8               Treasury for payment to each State the sums pay-
                                                                         9               able to such State under this subsection. The Sec-
                                                                       10                retary of the Treasury, prior to audit or settlement
                                                                       11                by the Government Accountability Office, shall make
                                                                       12                payments to the State in accordance with such cer-
                                                                       13                tification, by transfers from the extended unemploy-
                                                                       14                ment compensation account (as so established) to
                                                                       15                the account of such State in the Unemployment
                                                                       16                Trust Fund (as so established).
                                                                       17                ‘‘(e) FRAUD AND OVERPAYMENTS.—
                                                                       18                         ‘‘(1) IN GENERAL.—If an individual knowingly
                                                                       19                has made, or caused to be made by another, a false
                                                                       20                statement or representation of a material fact, or
                                                                       21                knowingly has failed, or caused another to fail, to
                                                                       22                disclose a material fact, and as a result of such false
                                                                       23                statement or representation or of such nondisclosure




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                such individual has received an amount of pandemic
                                                                       25                emergency unemployment extension compensation


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00016   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              17
                                                                         1               under this section to which such individual was not
                                                                         2               entitled, such individual—
                                                                         3                                 ‘‘(A) shall be ineligible for further pan-
                                                                         4                        demic emergency unemployment extension com-
                                                                         5                        pensation under this section in accordance with
                                                                         6                        the provisions of the applicable State unemploy-
                                                                         7                        ment compensation law relating to fraud in con-
                                                                         8                        nection with a claim for unemployment com-
                                                                         9                        pensation; and
                                                                       10                                  ‘‘(B) shall be subject to prosecution under
                                                                       11                         section 1001 of title 18, United States Code.
                                                                       12                         ‘‘(2) REPAYMENT.—In the case of individuals
                                                                       13                who have received amounts of pandemic emergency
                                                                       14                unemployment extension compensation under this
                                                                       15                section to which they were not entitled, the State
                                                                       16                shall require such individuals to repay the amounts
                                                                       17                of such pandemic emergency unemployment exten-
                                                                       18                sion compensation to the State agency, except that
                                                                       19                the State agency may waive such repayment if it de-
                                                                       20                termines that—
                                                                       21                                  ‘‘(A) the payment of such pandemic emer-
                                                                       22                         gency unemployment extension compensation
                                                                       23                         was without fault on the part of any such indi-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         vidual; and




                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00017   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              18
                                                                         1                                 ‘‘(B) such repayment would be contrary to
                                                                         2                        equity and good conscience.
                                                                         3                        ‘‘(3) RECOVERY BY STATE AGENCY.—
                                                                         4                                 ‘‘(A) IN           GENERAL.—The                        State agency
                                                                         5                        shall recover the amount to be repaid, or any
                                                                         6                        part thereof, by deductions from any pandemic
                                                                         7                        emergency unemployment extension compensa-
                                                                         8                        tion payable to such individual under this sec-
                                                                         9                        tion or from any unemployment compensation
                                                                       10                         payable to such individual under any State or
                                                                       11                         Federal unemployment compensation law ad-
                                                                       12                         ministered by the State agency or under any
                                                                       13                         other State or Federal law administered by the
                                                                       14                         State agency which provides for the payment of
                                                                       15                         any assistance or allowance with respect to any
                                                                       16                         week of unemployment, during the 3-year pe-
                                                                       17                         riod after the date such individuals received the
                                                                       18                         payment of the pandemic emergency unemploy-
                                                                       19                         ment extension compensation to which they
                                                                       20                         were not entitled, in accordance with the same
                                                                       21                         procedures as apply to the recovery of overpay-
                                                                       22                         ments of regular unemployment benefits paid
                                                                       23                         by the State.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  ‘‘(B) OPPORTUNITY                        FOR           HEARING.—No

                                                                       25                         repayment shall be required, and no deduction


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00018   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              19
                                                                         1                        shall be made, until a determination has been
                                                                         2                        made, notice thereof and an opportunity for a
                                                                         3                        fair hearing has been given to the individual,
                                                                         4                        and the determination has become final.
                                                                         5                        ‘‘(4) REVIEW.—Any determination by a State
                                                                         6               agency under this section shall be subject to review
                                                                         7               in the same manner and to the same extent as deter-
                                                                         8               minations under the State unemployment compensa-
                                                                         9               tion law, and only in that manner and to that ex-
                                                                       10                tent.
                                                                       11                ‘‘(f) DEFINITIONS.—In this section—
                                                                       12                         ‘‘(1) the terms ‘compensation’, ‘regular com-
                                                                       13                pensation’, ‘extended compensation’, ‘benefit year’,
                                                                       14                ‘base period’, ‘State’, ‘State agency’, ‘State law’, and
                                                                       15                ‘week’ have the respective meanings given such
                                                                       16                terms under section 205 of the Federal-State Ex-
                                                                       17                tended Unemployment Compensation Act of 1970
                                                                       18                (26 U.S.C. 3304 note); and
                                                                       19                         ‘‘(2) the term ‘base compensation’ means, as
                                                                       20                applicable—
                                                                       21                                  ‘‘(A) regular compensation; or
                                                                       22                                  ‘‘(B) pandemic unemployment assistance
                                                                       23                         under section 2102.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                ‘‘(g) APPLICABILITY.—An agreement entered into
                                                                       25 under this section shall apply to weeks of unemployment—


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00019   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              20
                                                                         1                        ‘‘(1) beginning after the date on which such
                                                                         2               agreement is entered into; and
                                                                         3                        ‘‘(2) ending on or before January 31, 2021.’’.
                                                                         4 TITLE III—CLARIFICATIONS AND
                                                                         5    IMPROVEMENTS    TO   PAN-
                                                                         6    DEMIC UNEMPLOYMENT AS-
                                                                         7    SISTANCE
                                                                         8     SEC. 301. CLARIFICATION OF PANDEMIC UNEMPLOYMENT

                                                                         9                             ASSISTANCE                  ELIGIBILITY                FOR         PRIMARY

                                                                       10                              CAREGIVING.

                                                                       11                (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I)(dd)
                                                                       12 of the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(dd))
                                                                       13 is amended by striking ‘‘that is closed as a direct result
                                                                       14 of the COVID–19 public health emergency’’ and inserting
                                                                       15 ‘‘because the school or facility is closed or only partially
                                                                       16 reopened due to COVID–19, because child or family care
                                                                       17 is not available or affordable during the hours work is
                                                                       18 available due to COVID–19, or because physical attend-
                                                                       19 ance at the school or facility presents an unacceptable
                                                                       20 health risk for the household or the individual in need of
                                                                       21 care due to COVID–19,’’.
                                                                       22                (b) EFFECTIVE DATE.—The amendment made by
                                                                       23 subsection (a) shall take effect upon the date of the enact-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 ment of this Act.




                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00020   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              21
                                                                         1     SEC. 302. WAIVER AUTHORITY FOR CERTAIN OVERPAY-

                                                                         2                             MENTS OF PANDEMIC UNEMPLOYMENT AS-

                                                                         3                             SISTANCE.

                                                                         4               (a) IN GENERAL.—Section 2102(d) of the CARES
                                                                         5 Act (15 U.S.C. 9021(d)) is amended by adding at the end
                                                                         6 the following:
                                                                         7                        ‘‘(4) WAIVER AUTHORITY.—In the case of indi-
                                                                         8               viduals who have received amounts of Pandemic Un-
                                                                         9               employment Assistance to which they were not enti-
                                                                       10                tled, the State shall require such individuals to repay
                                                                       11                the amounts of such Pandemic Unemployment As-
                                                                       12                sistance to the State agency, except that the State
                                                                       13                agency shall waive such repayment if it determines
                                                                       14                that—
                                                                       15                                  ‘‘(A) the payment of such Pandemic Un-
                                                                       16                         employment Assistance was without fault on the
                                                                       17                         part of any such individual; and
                                                                       18                                  ‘‘(B) such repayment would be contrary to
                                                                       19                         equity and good conscience.’’.
                                                                       20                (b) EFFECTIVE DATE.—The amendments made by
                                                                       21 this section shall take effect as if included in the enact-
                                                                       22 ment of the CARES Act (Public Law 116–136).




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00021   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              22
                                                                         1     SEC. 303. CLARIFICATION OF ACCESS TO PANDEMIC UNEM-

                                                                         2                             PLOYMENT ASSISTANCE FOR WORKERS AT

                                                                         3                             BUSINESSES THAT REDUCED STAFF DUE TO

                                                                         4                             THE PANDEMIC.

                                                                         5               (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I)(jj) of
                                                                         6 the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(jj)) is
                                                                         7 amended by inserting ‘‘or its operations are otherwise cur-
                                                                         8 tailed, including by reducing hours of operation, staffing
                                                                         9 levels, occupancy, or other changes that are recommended
                                                                       10 or required,’’ after ‘‘closed’’.
                                                                       11                (b) EFFECTIVE DATE.—The amendment made by
                                                                       12 subsection (a) shall apply with respect to weeks of unem-
                                                                       13 ployment beginning after the date of the enactment of this
                                                                       14 Act.
                                                                       15      SEC. 304. HOLD HARMLESS FOR PANDEMIC UNEMPLOY-

                                                                       16                              MENT ASSISTANCE.

                                                                       17                (a) IN GENERAL.—Section 2102(c) of the CARES
                                                                       18 Act (15 U.S.C. 9021(c)) is amended by adding at the end
                                                                       19 the following:
                                                                       20                         ‘‘(4) CONTINUED                      ELIGIBILITY                FOR     ASSIST-

                                                                       21                ANCE.—As a condition of continued eligibility for as-

                                                                       22                sistance under this section, a covered individual shall
                                                                       23                submit a recertification to the State for each week
                                                                       24                after the individual’s 1st week of eligibility that cer-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       25                tifies that the individual remains an individual de-
                                                                       26                scribed in subsection (a)(3)(A)(ii) for such week.’’.
                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00022   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              23
                                                                         1               (b) EFFECTIVE DATE; SPECIAL RULE.—
                                                                         2                        (1) IN GENERAL.—The amendment made by
                                                                         3               subsection (a) shall apply with respect to weeks be-
                                                                         4               ginning on or after the date that is 30 days after
                                                                         5               the date of enactment of this section.
                                                                         6                        (2) SPECIAL RULE.—In the case of any State
                                                                         7               that made a good faith effort to implement section
                                                                         8               2102 of the CARES Act in accordance with rules
                                                                         9               similar to those provided in section 625.6 of title 20,
                                                                       10                Code of Federal Regulations, for weeks ending be-
                                                                       11                fore the effective date specified in paragraph (1), an
                                                                       12                individual who received Pandemic Unemployment
                                                                       13                Assistance from such State for any such week shall
                                                                       14                not be considered ineligible for such assistance for
                                                                       15                such week solely by reason of failure to submit a re-
                                                                       16                certification described in subsection (c)(4) of such
                                                                       17                section.
                                                                       18 TITLE IV—EXTENSION OF RE-
                                                                       19    LIEF TO STATES AND EM-
                                                                       20    PLOYERS
                                                                       21      SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EX-

                                                                       22                              TENDED UNEMPLOYMENT COMPENSATION.

                                                                       23                Section 4105 of the Families First Coronavirus Re-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 sponse Act (26 U.S.C. 3304 note) is amended by striking




                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00023   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              24
                                                                         1 ‘‘December 31, 2020’’ each place it appears and inserting
                                                                         2 ‘‘June 30, 2021’’.
                                                                         3     SEC. 402. EXTENSION OF TEMPORARY ASSISTANCE FOR

                                                                         4                             STATES WITH ADVANCES.

                                                                         5               Section 1202(b)(10)(A) of the Social Security Act
                                                                         6 (42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘De-
                                                                         7 cember 31, 2020’’ and inserting ‘‘June 30, 2021’’.
                                                                         8     SEC. 403. EXTENSION OF EMERGENCY RELIEF FOR GOV-

                                                                         9                             ERNMENTAL ENTITIES AND NONPROFIT OR-

                                                                       10                              GANIZATIONS.

                                                                       11                Section 903(i)(1)(D) of the Social Security Act (42
                                                                       12 U.S.C. 1103(i)(1)(D)) is amended by striking ‘‘December
                                                                       13 31, 2020’’ and inserting ‘‘June 30, 2021’’.
                                                                       14          TITLE V—CORRECTIVE ACTION
                                                                       15           FOR PROCESSING BACKLOGS
                                                                       16      SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS.

                                                                       17                (a) IN GENERAL.—Section 2104 of the CARES Act
                                                                       18 (15 U.S.C. 9023) is amended by adding at the end the
                                                                       19 following:
                                                                       20                ‘‘(j) STATE ACCOUNTABILITY RELATING TO CLAIMS
                                                                       21 BACKLOGS.—As a condition of any agreement under this
                                                                       22 section, the following rules shall apply:
                                                                       23                         ‘‘(1) CLAIMS REPORTING.—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  ‘‘(A) IN GENERAL.—Each State partici-
                                                                       25                         pating in such an agreement shall submit to the


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00024   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              25
                                                                         1                        Secretary of Labor on a weekly basis a report
                                                                         2                        on the status in the State of any backlog of the
                                                                         3                        processing of unemployment claims, including
                                                                         4                        claims for regular compensation, extended com-
                                                                         5                        pensation, Pandemic Unemployment Assistance,
                                                                         6                        and Pandemic Emergency Unemployment Com-
                                                                         7                        pensation. Such report shall include a descrip-
                                                                         8                        tion, with respect to the previous week, of each
                                                                         9                        of the following:
                                                                       10                                          ‘‘(i) The number of initial claims still
                                                                       11                                  in process, disaggregated by the number of
                                                                       12                                  such claims still pending—
                                                                       13                                                   ‘‘(I) because of nonmonetary de-
                                                                       14                                          terminations;
                                                                       15                                                   ‘‘(II) because of monetary deter-
                                                                       16                                          minations;
                                                                       17                                                   ‘‘(III)           because             of      suspected
                                                                       18                                          fraud; and
                                                                       19                                                   ‘‘(IV) for any other reason.
                                                                       20                                          ‘‘(ii) The number of initial claims de-
                                                                       21                                  nied.
                                                                       22                                          ‘‘(iii) The number of individuals with
                                                                       23                                  respect to whom a continued claim was




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  paid.




                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00025   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              26
                                                                         1                                         ‘‘(iv) The number of individuals with
                                                                         2                                 respect to whom a continued claim is still
                                                                         3                                 in process, disaggregated by the number of
                                                                         4                                 such claims still pending—
                                                                         5                                                  ‘‘(I) because of nonmonetary de-
                                                                         6                                         terminations;
                                                                         7                                                  ‘‘(II) because of monetary deter-
                                                                         8                                         minations;
                                                                         9                                                  ‘‘(III)           because             of      suspected
                                                                       10                                          fraud; and
                                                                       11                                                   ‘‘(IV) for any other reason.
                                                                       12                                          ‘‘(v) The number of individuals with
                                                                       13                                  respect to whom a continued claims was
                                                                       14                                  denied.
                                                                       15                                  ‘‘(B) REPORT TO CONGRESS.—Upon re-
                                                                       16                         ceipt of a report described in subparagraph (A),
                                                                       17                         the Secretary of Labor shall publish such report
                                                                       18                         on the website of the Department of Labor and
                                                                       19                         shall submit such report to the Committee on
                                                                       20                         Ways and Means of the House of Representa-
                                                                       21                         tives and the Committee on Finance of the Sen-
                                                                       22                         ate.
                                                                       23                         ‘‘(2) CORRECTIVE ACTION PLANS.—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  ‘‘(A) IN          GENERAL.—Not                         later than 90
                                                                       25                         days after the date of enactment of this sub-


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00026   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              27
                                                                         1                        section and at least every 90 days thereafter,
                                                                         2                        each State participating in such an agreement
                                                                         3                        shall submit to the Secretary of Labor a correc-
                                                                         4                        tive action plan that includes a description of
                                                                         5                        the actions the State has taken and intends to
                                                                         6                        take to address any backlog of the processing of
                                                                         7                        unemployment claims described in paragraph
                                                                         8                        (1)(A). The Secretary may waive the require-
                                                                         9                        ment under this subparagraph with respect to
                                                                       10                         any State that the Secretary determines has
                                                                       11                         made adequate progress in addressing any such
                                                                       12                         backlog.
                                                                       13                                  ‘‘(B) TECHNICAL ASSISTANCE.—The Sec-
                                                                       14                         retary of Labor shall make technical assistance
                                                                       15                         available to States to the extent feasible to en-
                                                                       16                         able States to develop and implement corrective
                                                                       17                         action plans in accordance with this paragraph.
                                                                       18                         If the Secretary of Labor determines at any
                                                                       19                         time that a State has failed to take reasonable
                                                                       20                         actions under a corrective action plan to ad-
                                                                       21                         dress a claims backlog, the State shall collabo-
                                                                       22                         rate with the Secretary to develop a subsequent
                                                                       23                         corrective action plan to achieve clearly defined,




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         targeted outcomes.




                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00027   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              28
                                                                         1                                 ‘‘(C) REPORT TO CONGRESS.—Upon re-
                                                                         2                        ceipt of a corrective action plan described in
                                                                         3                        subparagraph (A), the Secretary of Labor shall
                                                                         4                        publish such plan on the website of the Depart-
                                                                         5                        ment of Labor and shall submit such report to
                                                                         6                        the Committee on Ways and Means of the
                                                                         7                        House of Representatives and the Committee
                                                                         8                        on Finance of the Senate.’’.
                                                                         9               (b) EFFECTIVE DATE.—The amendment made by
                                                                       10 subsection (a) shall apply with respect to weeks beginning
                                                                       11 after the date of enactment of this Act.
                                                                       12             TITLE VI—ADDITIONAL
                                                                       13          BENEFITS FOR MIXED EARNERS
                                                                       14      SEC. 601. MIXED EARNER UNEMPLOYMENT COMPENSA-

                                                                       15                              TION.

                                                                       16                (a) IN GENERAL.—Section 2104(b)(1) of the CARES
                                                                       17 Act (15 U.S.C. 9023(b)(1)) is amended—
                                                                       18                         (1) in subparagraph (B), by striking the period
                                                                       19                at the end and inserting ‘‘, plus’’; and
                                                                       20                         (2) by adding at the end the following:
                                                                       21                                  ‘‘(C) an additional amount of $125 (in this
                                                                       22                         section referred to as ‘Mixed Earner Unemploy-
                                                                       23                         ment Compensation’) in any case in which the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         individual received at least $5,000 of self-em-
                                                                       25                         ployment income (as defined in section 1402(b)


                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00028   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              29
                                                                         1                        of the Internal Revenue Code of 1986) in the
                                                                         2                        most recent taxable year ending prior to the in-
                                                                         3                        dividual’s application for regular compensa-
                                                                         4                        tion.’’.
                                                                         5               (b) CONFORMING AMENDMENTS.—Section 2104 of
                                                                         6 such Act is amended—
                                                                         7                        (1) by inserting ‘‘or Mixed Earner Unemploy-
                                                                         8               ment Compensation’’ after ‘‘Federal Pandemic Un-
                                                                         9               employment Compensation’’ each place such term
                                                                       10                appears in subsection (b)(2), (c), or (f) of such sec-
                                                                       11                tion;
                                                                       12                         (2) in subsection (d), by inserting ‘‘and Mixed
                                                                       13                Earner Unemployment Compensation’’ after ‘‘Fed-
                                                                       14                eral Pandemic Unemployment Compensation’’; and
                                                                       15                         (3) in subsection (g), by striking ‘‘provide that’’
                                                                       16                and all that follows through the end and inserting
                                                                       17                ‘‘provide that—
                                                                       18                         ‘‘(1) the purposes of the preceding provisions of
                                                                       19                this section, as such provisions apply with respect to
                                                                       20                Federal Pandemic Unemployment Compensation,
                                                                       21                shall be applied with respect to unemployment bene-
                                                                       22                fits described in subsection (i)(2) to the same extent
                                                                       23                and in the same manner as if those benefits were




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                regular compensation; and




                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00029   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              30
                                                                         1                        ‘‘(2) the purposes of the preceding provisions of
                                                                         2               this section, as such provisions apply with respect to
                                                                         3               Mixed Earner Unemployment Compensation, shall
                                                                         4               be applied with respect to unemployment benefits
                                                                         5               described in subparagraph (B) or (D) of subsection
                                                                         6               (i)(2) to the same extent and in the same manner
                                                                         7               as if those benefits were regular compensation.’’.
                                                                         8               (c) APPLICABILITY.—The amendments made by this
                                                                         9 section shall not apply with respect to a State partici-
                                                                       10 pating in an agreement under section 2104 of the CARES
                                                                       11 Act unless the State so elects, in which case such amend-
                                                                       12 ments shall apply with respect to weeks of unemployment
                                                                       13 beginning on or after the later of the date of such election
                                                                       14 or the date of enactment of this section.
                                                                       15                       TITLE VII—TECHNICAL
                                                                       16                           CORRECTIONS
                                                                       17      SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT-

                                                                       18                              TIME COMPENSATION PROGRAMS.

                                                                       19                Section 2108(c) of the CARES Act (15 U.S.C.
                                                                       20 9026(c)) is amended by striking ‘‘shall be eligible’’ and
                                                                       21 all that follows through the end and inserting the fol-
                                                                       22 lowing: ‘‘
                                                                       23                ‘‘shall be eligible—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00030   Fmt 6652   Sfmt 6201   E:\BILLS\S4771.IS   S4771
                                                                                                                              31
                                                                         1                        ‘‘(1) for payments under subsection (a) for
                                                                         2               weeks of unemployment beginning after the effective
                                                                         3               date of such enactment; and
                                                                         4                        ‘‘(2) for an additional payment equal to the
                                                                         5               total amount of payments for which the State is eli-
                                                                         6               gible pursuant to an agreement under section 2109
                                                                         7               for weeks of unemployment before such effective
                                                                         8               date.’’.
                                                                         9     SEC. 702. TECHNICAL CORRECTION FOR THE COMMON-

                                                                       10                              WEALTH OF NORTHERN MARIANA ISLANDS.

                                                                       11                A Commonwealth Only Transitional Worker (as de-
                                                                       12 fined in section 6(i)(2) of the Joint Resolution entitled ‘‘A
                                                                       13 Joint Resolution to approve the ‘Covenant To Establish
                                                                       14 a Commonwealth of the Northern Mariana Islands in Po-
                                                                       15 litical Union with the United States of America’, and for
                                                                       16 other purposes’’ (48 U.S.C. 1806)) shall be considered a
                                                                       17 qualified alien under section 431 of Public Law 104–193
                                                                       18 (8 U.S.C. 1641) for purposes of eligibility for a benefit
                                                                       19 under section 2102 or 2104 of the CARES Act.
                                                                       20      SEC. 703. TECHNICAL AMENDMENT RELATING TO PAN-

                                                                       21                              DEMIC UNEMPLOYMENT ASSISTANCE.

                                                                       22                Section 2102(h) of the CARES Act (15 U.S.C.
                                                                       23 9021(h)) is amended by striking ‘‘section 625’’ each place




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 it appears and inserting ‘‘part 625’’.
                                                                                                                                  Æ

                                                                                    •S 4771 IS

                                        VerDate Sep 11 2014   00:24 Oct 21, 2020   Jkt 019200   PO 00000   Frm 00031   Fmt 6652   Sfmt 6301   E:\BILLS\S4771.IS   S4771


File and source

File
BILLS_bills-116s4771is_bills-116s4771is.pdf
Size
277,609 bytes
SHA-256
6419790ab1996c2d5639065c9c4801a73b457fac85e58046d4e8348743cdc797
Our copy
BILLS_bills-116s4771is_bills-116s4771is.pdf
Original
www.govinfo.gov
Back to top