Pandemic Darlings The pandemic economy, in original documents
Home Source documents GUARD Act — H. R. 8661, 117th Congress, 2d Session (To improve equity and accountability in State unemployment programs)

GUARD Act — H. R. 8661, 117th Congress, 2d Session (To improve equity and accountability in State unemployment programs)

Summary

H.R. 8661, the Guaranteeing Unemployment Assistance and Reducing Deception Act (GUARD Act), introduced in the House of Representatives on August 5, 2022 by Mr. Horsford and referred to the Committee on Ways and Means and, in addition, the Committee on the Budget. The bill's stated aims are to improve equity and accountability in State unemployment programs, recover fraudulent payments and prevent future fraud. Title I authorizes $5,000,000 in each of fiscal years 2023 and 2024 for a Secretary of Labor coordinating body on recovering payments. Titles II and III cover program integrity and equity and accountability.

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

Cite this document

“GUARD Act — H. R. 8661, 117th Congress, 2d Session (To improve equity and accountability in State unemployment programs).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr8661ih-bills-117hr8661ih/, SHA-256 f49e050349a27122ccb5e149c0b687f32abbe23d3093fdb711fe6b5964e8184b.

Full text

                                                                                                                                                                          I




                                                                       117TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 8661
                                                                       To improve equity and accountability in State unemployment programs, re-
                                                                           cover fraudulent payments, and prevent future fraud in the unemploy-
                                                                           ment insurance program.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                     AUGUST 5, 2022
                                                                       Mr. HORSFORD introduced the following bill; which was referred to the Com-
                                                                           mittee on Ways and Means, and in addition to the Committee on the
                                                                           Budget, for a period to be subsequently determined by the Speaker, in
                                                                           each case for consideration of such provisions as fall within the jurisdic-
                                                                           tion of the committee concerned




                                                                                                                 A BILL
                                                                       To improve equity and accountability in State unemployment
                                                                           programs, recover fraudulent payments, and prevent fu-
                                                                           ture fraud in the unemployment insurance program.

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

                                                                         4              This Act may be cited as the ‘‘Guaranteeing Unem-
                                                                         5 ployment Assistance and Reducing Deception Act’’ or the
                                                                         6 ‘‘GUARD Act’’.




kjohnson on DSK79L0C42PROD with BILLS



                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                                  2
                                                                         1 TITLE I—PAYMENT RECOVERY
                                                                         2    FOR PANDEMIC FRAUD VIC-
                                                                         3    TIMS AND TAXPAYERS
                                                                         4     SEC. 101. SUPPORT FOR FEDERAL RECOVERY OF PAY-

                                                                         5                             MENTS MADE DUE TO FRAUD.

                                                                         6              There is authorized to be appropriated $5,000,000 in
                                                                         7 each of fiscal years 2023 and 2024 to the Secretary of
                                                                         8 Labor for costs related to funding any coordinating body
                                                                         9 or task force which includes the Secretary of Labor, the
                                                                       10 Inspector General of the Department of Labor, the Attor-
                                                                       11 ney General, the Secretary of Homeland Security, and
                                                                       12 other appropriate Federal agencies charged with sup-
                                                                       13 porting recovery of amounts paid due to fraud under an
                                                                       14 agreement under section 2102, 2104, 2105, or 2107 of
                                                                       15 the CARES Act.
                                                                       16      SEC. 102. SUPPORT FOR STATE RECOVERY OF PAYMENTS

                                                                       17                              MADE DUE TO FRAUD.

                                                                       18               (a) IN GENERAL.—In determining the payments due
                                                                       19 to a State for administrative expenses incurred by the
                                                                       20 State by reason of an agreement under section 2102,
                                                                       21 2104, 2105, or 2107 of the CARES Act (as required
                                                                       22 under                   sections             2102(f)(2)(B),                    2104(d)(1)(A)(ii),
                                                                       23 2105(c)(1)(B), and 2107(d)(2)(A) of such Act, respec-




kjohnson on DSK79L0C42PROD with BILLS
                                                                       24 tively), the Secretary of Labor shall, subject to subsection



                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                                  3
                                                                         1 (b), include the cost of any administrative expenses in-
                                                                         2 curred for the purposes of—
                                                                         3                       (1) identifying payments made under the agree-
                                                                         4              ment potentially due to fraud;
                                                                         5                       (2) recovering payments made under the agree-
                                                                         6              ment due to fraud; and
                                                                         7                       (3) supporting prosecution of such fraud.
                                                                         8              (b) STATE PARTICIPATION REQUIREMENTS.—Sub-
                                                                         9 section (a) shall not apply to any State that does not agree
                                                                       10 to submit annual reports to the Secretary of Labor
                                                                       11 through fiscal year 2024 describing any open fraud inves-
                                                                       12 tigations and recoveries in the State relating to assistance
                                                                       13 paid under an agreement under section 2102, 2104, 2105,
                                                                       14 or 2107 of the CARES Act.
                                                                       15               (c) BBDCA EXEMPTION.—Any payments due to a
                                                                       16 State for administrative expenses under an agreement de-
                                                                       17 scribed in subsection (a) shall be exempt from any reduc-
                                                                       18 tion ordered under the Balanced Budget and Emergency
                                                                       19 Deficit Control Act of 1985.
                                                                       20      SEC. 103. DEFINED POINT OF CONTACT FOR IDENTITY

                                                                       21                              THEFT VICTIMS.

                                                                       22               Section 303 of the Social Security Act (42 U.S.C.
                                                                       23 503) is amended by adding at the end the following:




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                                  4
                                                                         1              ‘‘(n)(1) For purposes of subsection (a), the State
                                                                         2 agency charged with the administration of the State law
                                                                         3 shall—
                                                                         4                       ‘‘(A) ensure that individuals who report that
                                                                         5              they are victims of identity theft and that their in-
                                                                         6              formation was or is being used fraudulently to claim
                                                                         7              unemployment benefits have a defined point of con-
                                                                         8              tact within the State organization to follow up on
                                                                         9              their report;
                                                                       10                        ‘‘(B) coordinate with other State and Federal
                                                                       11               agencies to ensure prompt resolution of issues re-
                                                                       12               ported as described in subparagraph (A) and any
                                                                       13               other consequences related to the making of such a
                                                                       14               report; and
                                                                       15                        ‘‘(C) ensure clear and timely communication
                                                                       16               with each individual making a report as described in
                                                                       17               subparagraph (A) about the status of the resolution
                                                                       18               of issues reported.
                                                                       19               ‘‘(2) Not later than 60 days after the date of enact-
                                                                       20 ment of this subsection, the Secretary of Labor shall pub-
                                                                       21 lish guidance to States establishing appropriate minimum
                                                                       22 standards, in consultation with appropriate Federal agen-
                                                                       23 cies, to ensure consistent reporting and resolution of
                                                                       24 issues reported to States as described in paragraph (1)(A).



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                                  5
                                                                         1              ‘‘(3) The Secretary of Labor shall provide such tech-
                                                                         2 nical and financial assistance as may be necessary to as-
                                                                         3 sist States in carrying out the requirements of paragraph
                                                                         4 (1).
                                                                         5              ‘‘(4) The requirements of paragraph (1) shall be ef-
                                                                         6 fective for weeks beginning on or after the date that is
                                                                         7 60 days after the Secretary of Labor issues the guidance
                                                                         8 required under paragraph (2).’’.
                                                                         9TITLE II—PREVENTING FUTURE
                                                                       10    UNEMPLOYMENT FRAUD AND
                                                                       11    IMPROVING PROGRAM INTEG-
                                                                       12    RITY
                                                                       13      SEC. 201. MANDATORY PARTICIPATION IN INFORMATION

                                                                       14                              SHARING SYSTEMS.

                                                                       15               (a) IN GENERAL.—Section 303(a) of the Social Secu-
                                                                       16 rity Act (42 U.S.C. 503(a)) is amended—
                                                                       17                        (1) in paragraph (11)(B), by striking the period
                                                                       18               at the end and inserting ‘‘; and’’;
                                                                       19                        (2) in paragraph (12), by striking the period at
                                                                       20               the end and inserting ‘‘; and’’; and
                                                                       21                        (3) by adding at the end the following:
                                                                       22                        ‘‘(13) Participation by the State in any system
                                                                       23               designated by the Secretary of Labor for the pur-
                                                                       24               pose of preventing and detecting payments due to



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                                  6
                                                                         1              fraud and other improper payments, including any
                                                                         2              such system for—
                                                                         3                                 ‘‘(A) cross-matching claimants of unem-
                                                                         4                       ployment compensation under State and Fed-
                                                                         5                       eral law to prevent and detect payments due to
                                                                         6                       fraud and other improper payments;
                                                                         7                                 ‘‘(B) the electronic transmission of re-
                                                                         8                       quests from employers (or their agents) for
                                                                         9                       cross-matching information relating to unem-
                                                                       10                        ployment compensation held by the State agen-
                                                                       11                        cy charged with the administration of the State
                                                                       12                        law;
                                                                       13                                  ‘‘(C) the authentication of bank account or
                                                                       14                        payment information;
                                                                       15                                  ‘‘(D) the interstate exchange of beneficiary
                                                                       16                        information for the purposes of identifying indi-
                                                                       17                        viduals who have filed a claim for unemploy-
                                                                       18                        ment compensation in more than one State;
                                                                       19                                  ‘‘(E) cross-matching information on indi-
                                                                       20                        viduals who are incarcerated using data which
                                                                       21                        is verified to be accurate and up-to-date;
                                                                       22                                  ‘‘(F) cross-matching against the National
                                                                       23                        Directory of New Hires established under sec-
                                                                       24                        tion        453(i)          in        accordance                 with    section



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                        453(j)(8); and


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                                  7
                                                                         1                                 ‘‘(G) any other purpose determined by the
                                                                         2                       Secretary of Labor.
                                                                         3                       ‘‘(14) Provision of access by the State to the
                                                                         4              system specified in paragraph (13)(A) to the Inspec-
                                                                         5              tor General of the Department of Labor solely for
                                                                         6              purposes of investigating unemployment compensa-
                                                                         7              tion fraud.’’.
                                                                         8              (b) REGULATIONS.—Not later than 1 year after the
                                                                         9 date of the enactment of this Act, the Secretary of Labor
                                                                       10 shall issue a regulation designating the systems described
                                                                       11 in section 303(a)(13) of the Social Security Act, and may,
                                                                       12 in such regulations, remove a designation or designate
                                                                       13 other systems as necessary. Such regulations shall—
                                                                       14                        (1) specify the method and frequency of cross-
                                                                       15               matching;
                                                                       16                        (2) specify methods to ensure that data used
                                                                       17               for cross-matching is accurate and up-to-date;
                                                                       18                        (3) provide for a period of time for States to
                                                                       19               implement a cross-matching system modified or
                                                                       20               newly designated by the Secretary of Labor; and
                                                                       21                        (4) take into account equity, access, and due
                                                                       22               process in developing processes for using cross-
                                                                       23               match data.
                                                                       24               (c) EFFECTIVE DATE.—The amendment made by



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25 subsection (a) shall apply with respect to a system des-


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                                  8
                                                                         1 ignated by the Secretary of Labor under section
                                                                         2 303(a)(13) of the Social Security Act beginning 2 years
                                                                         3 after the date on which such system is so designated.
                                                                         4     SEC. 202. IMPROVING PROGRAM INTEGRITY THROUGH

                                                                         5                             COMMUNICATION WITH CLAIMANTS.

                                                                         6              Section 303(a)(12) of the Social Security Act (42
                                                                         7 U.S.C. 503(a)), as amended by section 201, is further
                                                                         8 amended by inserting after ‘‘actively seeking work’’ the
                                                                         9 following: ‘‘, except that in any case in which the State
                                                                       10 agency charged with the administration of the State law
                                                                       11 determines that a claimant is not actively seeking work,
                                                                       12 the State agency may issue not more than one warning
                                                                       13 during a benefit year before taking any other action with
                                                                       14 respect to the claimant’s eligibility for unemployment com-
                                                                       15 pensation’’.
                                                                       16      SEC. 203. RETENTION OF CERTAIN RECOVERIES FOR PRO-

                                                                       17                              GRAM INTEGRITY AND EQUITABLE ACCESS.

                                                                       18               (a) IN GENERAL.—Section 3304(a)(4) of the Internal
                                                                       19 Revenue Code of 1986 is amended—
                                                                       20                        (1) in subparagraph (F), by striking ‘‘and’’
                                                                       21               after the semicolon;
                                                                       22                        (2) by inserting after subparagraph (G) the fol-
                                                                       23               lowing:
                                                                       24                                  ‘‘(H) amounts may be withdrawn, to be de-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                        posited in a separate State fund from which


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                                  9
                                                                         1                       amounts may be withdrawn for administrative
                                                                         2                       costs related to program integrity or equitable
                                                                         3                       access to benefits for workers, up to the sum
                                                                         4                       of—
                                                                         5                                        ‘‘(i) a portion, not to exceed 5 per-
                                                                         6                                 cent, of any overpayment of compensation
                                                                         7                                 due to fraud that is recovered by the State;
                                                                         8                                 and
                                                                         9                                        ‘‘(ii) a portion, not to exceed 5 per-
                                                                       10                                  cent, of any contribution collected as a re-
                                                                       11                                  sult of the misclassification of employees
                                                                       12                                  as independent contractors, implementa-
                                                                       13                                  tion of provisions of State law imple-
                                                                       14                                  menting section 303(k) of the Social Secu-
                                                                       15                                  rity Act, or other provisions of State law
                                                                       16                                  relating to employer fraud or evasion of
                                                                       17                                  contributions; and
                                                                       18                                  ‘‘(I) amounts collected by the State in pen-
                                                                       19                        alty and interest payments shall be deposited in
                                                                       20                        a separate State fund from which amounts may
                                                                       21                        be withdrawn for administrative costs, including
                                                                       22                        costs relating to improving technology and ac-
                                                                       23                        cess, and for reemployment services under sec-
                                                                       24                        tion 306 of the Social Security Act, except that,



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                        in the case of a State with an improper pay-


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00009   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              10
                                                                         1                       ment rate of 10 percent or higher, at least 50
                                                                         2                       percent of such funds must be used for pro-
                                                                         3                       gram integrity;’’.
                                                                         4              (b) CONFORMING AMENDMENTS.—
                                                                         5                       (1) INTERNAL REVENUE CODE.—Chapter 23 of
                                                                         6              the Internal Revenue Code of 1986 is amended—
                                                                         7                                 (A) in section 3304(a)(3), by striking ‘‘and
                                                                         8                       except for refunds paid in accordance with the
                                                                         9                       provisions of section 3305(b)’’ and inserting
                                                                       10                        ‘‘refunds paid in accordance with the provisions
                                                                       11                        of section 3305(b), and as otherwise provided in
                                                                       12                        section 3304(a)(4)’’; and
                                                                       13                                  (B) in section 3306(f), by striking ‘‘; ex-
                                                                       14                        cept that—’’ and all that follows and inserting
                                                                       15                        ‘‘, except as otherwise provided in section
                                                                       16                        3304(a)(4).’’.
                                                                       17                        (2) SOCIAL SECURITY ACT.—Section 303(a) of
                                                                       18               the Social Security Act (42 U.S.C. 503(a)) is
                                                                       19               amended—
                                                                       20                                  (A) in paragraph (4), by striking ‘‘and ex-
                                                                       21                        cept for refunds paid in accordance with the
                                                                       22                        provisions of 3305(b) of the Federal Unemploy-
                                                                       23                        ment Tax Act’’ and inserting ‘‘refunds paid in
                                                                       24                        accordance with the provisions of 3305(b) of



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                        the Internal Revenue Code of 1986, and as oth-


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00010   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              11
                                                                         1                       erwise provided in section 3304(a)(4) of such
                                                                         2                       Code’’; and
                                                                         3                                 (B) in paragraph (5), by striking ‘‘refunds
                                                                         4                       paid in accordance with the provisions of
                                                                         5                       3305(b)’’ and all that follows and inserting ‘‘,
                                                                         6                       except          as       otherwise              provided            in   section
                                                                         7                       3304(a)(4) of the Internal Revenue Code of
                                                                         8                       1986.’’.
                                                                         9              (c) GUIDANCE.—Not later than 1 year after the date
                                                                       10 of the enactment of this Act, the Secretary of Labor shall
                                                                       11 issue guidance describing—
                                                                       12                        (1) the method by which a State shall deter-
                                                                       13               mine the amounts for deposit under a separate State
                                                                       14               fund pursuant to each of subparagraphs (H) and (I)
                                                                       15               of section 3304(a)(4) of the Internal Revenue Code
                                                                       16               of 1986;
                                                                       17                        (2) requirements for the establishment of such
                                                                       18               separate State funds; and
                                                                       19                        (3) the purposes for which amounts withdrawn
                                                                       20               from such separate State funds may be used.
                                                                       21               (d) EFFECTIVE DATE.—The amendments made by
                                                                       22 this section shall apply with respect to overpayments and
                                                                       23 contributions (or payments in lieu of contributions) col-
                                                                       24 lected as a result of an investigation and assessment by



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00011   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              12
                                                                         1 a State agency and to penalties and interest collected after
                                                                         2 the earlier of—
                                                                         3                       (1) the end of the two-year period beginning on
                                                                         4              the date of the enactment of this Act; or
                                                                         5                       (2) the date on which a State’s law comes into
                                                                         6              conformity with the requirements of this section.
                                                                         7         TITLE III—IMPROVING EQUITY
                                                                         8            AND ACCOUNTABILITY
                                                                         9     SEC. 301. ADDITIONAL TARGETED PENALTIES TO ENFORCE

                                                                       10                              FEDERAL REQUIREMENTS.

                                                                       11               (a) IN GENERAL.—Section 303(b) of the Social Secu-
                                                                       12 rity Act (42 U.S.C. 503(b)) is amended—
                                                                       13                        (1) by striking ‘‘Whenever’’ and inserting ‘‘(1)
                                                                       14               Whenever’’;
                                                                       15                        (2) by striking ‘‘(1) A denial’’ and inserting
                                                                       16               ‘‘(A) A denial’’;
                                                                       17                        (3) by striking ‘‘(2) A failure to comply sub-
                                                                       18               stantially with any provision specified in this sec-
                                                                       19               tion’’ and inserting ‘‘(B) A failure to comply sub-
                                                                       20               stantially with any provision specified in this section
                                                                       21               or section 307’’;
                                                                       22                        (4) by inserting ‘‘, except as provided in para-
                                                                       23               graph (2),’’ after ‘‘the Secretary of Labor shall no-
                                                                       24               tify’’;



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00012   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              13
                                                                         1                       (5) by striking ‘‘clause (1)’’ and inserting ‘‘sub-
                                                                         2              paragraph (A)’’; and
                                                                         3                       (6) by adding at the end the following:
                                                                         4              ‘‘(2)(A) Whenever a denial or failure to comply as
                                                                         5 described in paragraph (1) occurs in a substantial number
                                                                         6 of cases, the Secretary of Labor may, in lieu of imposing
                                                                         7 the penalty described in such paragraph, withhold up to
                                                                         8 15 percent of each payment (with such percentage to be
                                                                         9 determined by the Secretary of Labor based on factors in-
                                                                       10 cluding the severity and the extent of such denial or fail-
                                                                       11 ure) made to the State under section 302 until such time
                                                                       12 as the Secretary of Labor is satisfied that there is no
                                                                       13 longer any such denial or failure to comply. The Secretary
                                                                       14 of Labor may make such withheld amount available to the
                                                                       15 State, and shall provide technical assistance to the State
                                                                       16 for such purpose.
                                                                       17               ‘‘(B) The Secretary of Labor shall provide for a re-
                                                                       18 duction to, or an exemption from, the penalty described
                                                                       19 in subparagraph (A) in cases where the Secretary of Labor
                                                                       20 determines that good cause for substantial noncompliance
                                                                       21 exists, and may allow for flexibility in times of heightened
                                                                       22 workload or reduced penalties in a case in which a State
                                                                       23 is making progress toward compliance.’’.




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00013   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              14
                                                                         1              (b) REGULATIONS.—Not later than 2 years after the
                                                                         2 date of enactment of this Act, the Secretary of Labor shall
                                                                         3 issue an interim final regulation prescribing—
                                                                         4                       (1) the circumstances in which a penalty de-
                                                                         5              scribed in paragraph (2)(A) of section 303(b) of the
                                                                         6              Social Security Act will be imposed, including a de-
                                                                         7              scription of what constitutes substantial noncompli-
                                                                         8              ance within the meaning of such section;
                                                                         9                       (2) the method to be used to determine—
                                                                       10                                  (A) the percentage of payment to be with-
                                                                       11                        held;
                                                                       12                                  (B) any increased penalty to be imposed
                                                                       13                        for failure to take corrective action after the
                                                                       14                        imposition of an initial penalty; and
                                                                       15                                  (C) a description of any circumstances in
                                                                       16                        which all or a portion of the penalty will be pro-
                                                                       17                        vided to the State to be used only for corrective
                                                                       18                        action as specified by the Secretary of Labor;
                                                                       19                        (3) procedures under which the Secretary of
                                                                       20               Labor shall notify a State of any penalty that may
                                                                       21               potentially be imposed;
                                                                       22                        (4) the timing in which the penalty will be im-
                                                                       23               posed;




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00014   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              15
                                                                         1                       (5) the permissible uses of any withheld amount
                                                                         2              made available to the State for corrective action pur-
                                                                         3              suant to such paragraph (2)(A); and
                                                                         4                       (6) any other requirements or guidance the Sec-
                                                                         5              retary of Labor deems appropriate to implement the
                                                                         6              amendments made by subsection (a).
                                                                         7              (c) EFFECTIVE DATE.—The amendments made by
                                                                         8 subsection (a) shall apply with respect to fiscal years be-
                                                                         9 ginning on or after the date on which the regulations de-
                                                                       10 scribed in subsection (b) are finalized.
                                                                       11      SEC. 302. SETTING AND ENFORCING OVERALL STANDARDS

                                                                       12                              FOR EQUITY, PERFORMANCE, AND PROGRAM

                                                                       13                              INTEGRITY.

                                                                       14               (a) IN GENERAL.—Title III of the Social Security
                                                                       15 Act (42 U.S.C. 501 et seq.) is amended by adding at the
                                                                       16 end the following:
                                                                       17      ‘‘SEC. 307. PERFORMANCE AND ADMINISTRATIVE STAND-

                                                                       18                              ARDS.

                                                                       19               ‘‘(a) PROGRAM PERFORMANCE STANDARDS.—
                                                                       20                        ‘‘(1) IN GENERAL.—The Secretary of Labor
                                                                       21               shall, by regulation, establish program performance
                                                                       22               standards applicable to each State to which a pay-
                                                                       23               ment is made under section 302(a) for a fiscal year.
                                                                       24               Such standards shall—



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00015   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              16
                                                                         1                                 ‘‘(A) set forth categories that include
                                                                         2                       measures addressing equity (including with re-
                                                                         3                       spect to race, ethnicity, gender, and disability
                                                                         4                       status), timeliness, access, program integrity,
                                                                         5                       assistance in fraud recovery, and other perform-
                                                                         6                       ance areas as determined by the Secretary of
                                                                         7                       Labor;
                                                                         8                                 ‘‘(B) define each such measure and the
                                                                         9                       minimum acceptable performance level with re-
                                                                       10                        spect to such measure; and
                                                                       11                                  ‘‘(C) require that States report such data
                                                                       12                        as the Secretary of Labor may require and that
                                                                       13                        such data—
                                                                       14                                         ‘‘(i) include the total number of indi-
                                                                       15                                  viduals receiving unemployment compensa-
                                                                       16                                  tion in the State;
                                                                       17                                         ‘‘(ii) as necessary, be disaggregated by
                                                                       18                                  race, ethnicity, gender, language, disability,
                                                                       19                                  and other demographic groups; and
                                                                       20                                         ‘‘(iii) be stored and maintained as re-
                                                                       21                                  quired by the use, disclosure, and storage
                                                                       22                                  requirements of section 308(b).
                                                                       23                        ‘‘(2)       INCLUSION                OF        TECHNOLOGY                STAND-

                                                                       24               ARDS.—The program performance standards estab-




kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               lished under paragraph (1) shall include minimum


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00016   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              17
                                                                         1              standards for the technology used to administer the
                                                                         2              unemployment compensation program which ensure
                                                                         3              that the process of filing initial and continuing
                                                                         4              claims for unemployment compensation can be read-
                                                                         5              ily understood and accomplished by the vast major-
                                                                         6              ity of individuals, including those with limited
                                                                         7              English proficiency, individuals with disabilities (in
                                                                         8              compliance with section 508 of the Rehabilitation
                                                                         9              Act of 1973 (29 U.S.C. 794d)), older individuals,
                                                                       10               and individuals with literacy challenges.
                                                                       11               ‘‘(b) STATE DATA REPORTING REQUIREMENT.—
                                                                       12 Each State to which a payment is made under section
                                                                       13 302(a) for a fiscal year shall provide to the Secretary of
                                                                       14 Labor such data as the Secretary of Labor may require
                                                                       15 related to the program performance standards issued pur-
                                                                       16 suant to subsection (a). Any State that fails to provide
                                                                       17 such data shall be ineligible for a performance bonus
                                                                       18 under subsection (c) for that fiscal year and any subse-
                                                                       19 quent fiscal year until such State has provided data for
                                                                       20 all fiscal years and may also be subject to any other pen-
                                                                       21 alty provided under this title.
                                                                       22               ‘‘(c) PERFORMANCE BONUSES.—
                                                                       23                        ‘‘(1) IN          GENERAL.—In                    each fiscal year for
                                                                       24               which appropriations are made available for such



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               purpose pursuant to paragraph (4), the Secretary of


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00017   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              18
                                                                         1              Labor shall award performance bonuses to States
                                                                         2              that the Secretary of Labor determines have dem-
                                                                         3              onstrated sustained excellent performance or sub-
                                                                         4              stantial improvement with respect to program per-
                                                                         5              formance standards issued pursuant to subsection
                                                                         6              (a).
                                                                         7                       ‘‘(2) TIMING                OF AWARD.—The                         Secretary of
                                                                         8              Labor shall award a performance bonus under para-
                                                                         9              graph (1) to a State not later than the end of the
                                                                       10               year following the year in which the performance on
                                                                       11               which such award is based occurs. An award under
                                                                       12               this subsection shall remain available to a State for
                                                                       13               a period of 2 years following the date of award.
                                                                       14                        ‘‘(3) AMOUNT OF AWARD.—The amount of a
                                                                       15               performance bonus under paragraph (1) for a fiscal
                                                                       16               year shall be determined on the basis of a formula
                                                                       17               to be prescribed by the Secretary of Labor taking
                                                                       18               into account each of the following:
                                                                       19                                  ‘‘(A) The performance of the State in such
                                                                       20                        fiscal year in comparison to its performance in
                                                                       21                        prior years and to the performance of other
                                                                       22                        States.
                                                                       23                                  ‘‘(B) The rate of insured unemployment
                                                                       24                        (as defined in Section 203(e)(1) of the Federal-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                        State Extended Unemployment Compensation


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00018   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              19
                                                                         1                       Act of 1970 (26 U.S.C. 3304 note (e)(1))) in
                                                                         2                       the State for such fiscal year.
                                                                         3                                 ‘‘(C) The volume of weekly claims expected
                                                                         4                       to be filed in the State as determined by Sec-
                                                                         5                       retary of Labor for such fiscal year.
                                                                         6                       ‘‘(4) USE             OF AWARD FUNDS.—Amounts                            re-
                                                                         7              ceived by a State as a performance bonus under this
                                                                         8              subsection shall—
                                                                         9                                 ‘‘(A) be deposited by the State in State’s
                                                                       10                        account in the Unemployment Trust Fund;
                                                                       11                                  ‘‘(B) be used for costs of administering the
                                                                       12                        unemployment compensation law of the State;
                                                                       13                        or
                                                                       14                                  ‘‘(C) be used for the State’s program of re-
                                                                       15                        employment services and eligibility assessments
                                                                       16                        in accordance with section 306.
                                                                       17                        ‘‘(5) NOTIFICATION OF ELIGIBLITY REQUIRE-
                                                                       18               MENT.—No State shall be eligible for a performance

                                                                       19               bonus under paragraph (1) for a year unless the
                                                                       20               State—
                                                                       21                                  ‘‘(A) has in effect during such year a re-
                                                                       22                        quirement that employers notify workers when
                                                                       23                        they are potentially eligible for unemployment
                                                                       24                        compensation; and



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00019   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              20
                                                                         1                                 ‘‘(B) provides information to the Secretary
                                                                         2                       of Labor describing the State’s process for en-
                                                                         3                       forcing the requirement described in subpara-
                                                                         4                       graph (A).
                                                                         5                       ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—
                                                                         6              There is authorized to be appropriated to the Sec-
                                                                         7              retary of Labor to carry out this subsection
                                                                         8              $280,000,000 for each fiscal year beginning with fis-
                                                                         9              cal year 2024.
                                                                       10                        ‘‘(7) HOLDOVER FUNDS.—In any fiscal year for
                                                                       11               which an insufficient number of States qualify for a
                                                                       12               performance bonus under the criteria established for
                                                                       13               such purpose by the Secretary of Labor, the Sec-
                                                                       14               retary may withhold a portion of the funds appro-
                                                                       15               priated pursuant to paragraph (5) for such fiscal
                                                                       16               year. Any funds so withheld shall remain available to
                                                                       17               the Secretary of Labor for the purposes of para-
                                                                       18               graph (1) for subsequent fiscal years.
                                                                       19               ‘‘(d) REQUIREMENT TO CONDUCT ANALYSIS AND
                                                                       20 TAKE CORRECTIVE ACTIONS REGARDING EQUITY RELAT-
                                                                       21      ING TO RACE AND ETHNICITY.—

                                                                       22                        ‘‘(1) IN GENERAL.—The Secretary of Labor
                                                                       23               shall conduct an analysis of the data reported by
                                                                       24               each State to which a payment is made under sec-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               tion 302(a) as such data measures equity related to


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00020   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              21
                                                                         1              race and ethnicity in the unemployment compensa-
                                                                         2              tion program of the State. Such analysis shall be
                                                                         3              conducted in the 4th fiscal year beginning after the
                                                                         4              date of enactment of this section and every 2 fiscal
                                                                         5              years thereafter, shall assess the State during the
                                                                         6              period of the 2 most recent fiscal years (or, in the
                                                                         7              case of the 1st such analysis, the most recent fiscal
                                                                         8              year), and shall include the following:
                                                                         9                                 ‘‘(A) An assessment of equity related to
                                                                       10                        race and ethnicity measures in each of the fol-
                                                                       11                        lowing categories:
                                                                       12                                         ‘‘(i) Access to benefits, including with
                                                                       13                                  respect to—
                                                                       14                                                  ‘‘(I) how information about eligi-
                                                                       15                                         bility and benefits are provided to po-
                                                                       16                                         tentially eligible workers, including
                                                                       17                                         any targeted outreach to specific
                                                                       18                                         groups or categories of workers and
                                                                       19                                         any requirement that employers pro-
                                                                       20                                         vide notification of the availability of
                                                                       21                                         unemployment compensation to em-
                                                                       22                                         ployees at the time of separation from
                                                                       23                                         employment;
                                                                       24                                                  ‘‘(II) administrative procedures,



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                         including documentation and notice


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00021   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              22
                                                                         1                                         requirements, for filing new and con-
                                                                         2                                         tinuing claims; and
                                                                         3                                                 ‘‘(III) what specific steps the
                                                                         4                                         State takes to ensure that individuals
                                                                         5                                         with limited English proficiency have
                                                                         6                                         access to translated information and
                                                                         7                                         application materials or free language
                                                                         8                                         assistance in order to provide mean-
                                                                         9                                         ingful access to program benefits, in-
                                                                       10                                          cluding claims filing, recertification,
                                                                       11                                          program compliance, and appeals.
                                                                       12                                          ‘‘(ii) Eligibility for benefits, including
                                                                       13                                  with respect to—
                                                                       14                                                  ‘‘(I) eligibility conditions; and
                                                                       15                                                  ‘‘(II) how information about re-
                                                                       16                                          quirements relating to eligibility for
                                                                       17                                          continuing benefits is provided, in-
                                                                       18                                          cluding requirements relating to the
                                                                       19                                          documentation of work search.
                                                                       20                                          ‘‘(iii) Timeliness and accuracy of
                                                                       21                                  claims processing, payment, and appeals,
                                                                       22                                  including information about reasons for de-
                                                                       23                                  nial.




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00022   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              23
                                                                         1                                        ‘‘(iv) Adequacy of benefits, including
                                                                         2                                 with respect to wage replacement and ben-
                                                                         3                                 efit exhaustion.
                                                                         4                                 ‘‘(B) A description of any equity-focused
                                                                         5                       training provided to employees of the State
                                                                         6                       agency charged with the administration of the
                                                                         7                       State unemployment compensation law, and the
                                                                         8                       frequency and content of such training.
                                                                         9                                 ‘‘(C) A descriptive analysis of the impact
                                                                       10                        of the State’s policies with respect to each of
                                                                       11                        the categories described in subparagraph (A) on
                                                                       12                        the State’s performance.
                                                                       13                                  ‘‘(D) Other relevant information or anal-
                                                                       14                        ysis as determined by the Secretary of Labor.
                                                                       15                        ‘‘(2) STATE PARTICIPATION REQUIRED.—Each
                                                                       16               State to which a payment is made under section
                                                                       17               302(a) shall provide any data not already required
                                                                       18               under Section 303 or regulations implementing Sec-
                                                                       19               tion 303, and all other information requested by the
                                                                       20               Secretary of Labor for the purpose of conducting the
                                                                       21               analysis under paragraph (1). Such data and infor-
                                                                       22               mation is to be reported in a manner prescribed by
                                                                       23               the Secretary of Labor and, as necessary, be
                                                                       24               disaggregated by race and ethnicity. The Secretary



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               of Labor shall ensure the data is stored and main-


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00023   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              24
                                                                         1              tained as required by the use, disclosure, and stor-
                                                                         2              age requirements of section 308(b).
                                                                         3                       ‘‘(3) CORRECTIVE                      ACTION AND CONTINUOUS

                                                                         4              IMPROVEMENT PLANS.—In                                 any case in which the
                                                                         5              Secretary of Labor finds that an analysis conducted
                                                                         6              under this paragraph demonstrates that a State does
                                                                         7              not meet the performance metrics defined by the
                                                                         8              Secretary of Labor pursuant to subsection (a) re-
                                                                         9              lated to equitable treatment by race and ethnicity,
                                                                       10               the Secretary of Labor shall negotiate specific good
                                                                       11               faith efforts the State will make to improve equity
                                                                       12               related to race and ethnicity in the unemployment
                                                                       13               compensation program and shall set specific mile-
                                                                       14               stones or performance targets for future improve-
                                                                       15               ment.
                                                                       16                        ‘‘(4) PUBLICATION AND REPORTING.—
                                                                       17                                  ‘‘(A) IN GENERAL.—Not later than 180
                                                                       18                        days after the beginning of the 4th fiscal year
                                                                       19                        beginning after the date of enactment of this
                                                                       20                        section, and every 2 fiscal years thereafter, the
                                                                       21                        Secretary of Labor shall post on a publicly ac-
                                                                       22                        cessible website of the Department of Labor the
                                                                       23                        results of the most recent equity analyses con-
                                                                       24                        ducted pursuant to paragraph (1).



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00024   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              25
                                                                         1                                 ‘‘(B) REPORT TO CONGRESS.—Whenever
                                                                         2                       the Secretary of Labor publishes the results de-
                                                                         3                       scribed in subparagraph (A), the Secretary of
                                                                         4                       Labor shall prepare a comprehensive report
                                                                         5                       summarizing the results of all State data used
                                                                         6                       in the preparation of such publication, including
                                                                         7                       a State-by-State comparison with respect to in-
                                                                         8                       formation described in paragraph (1) and an
                                                                         9                       analysis of key factors driving disparities in eli-
                                                                       10                        gibility, access, or benefit levels for workers on
                                                                       11                        the basis of race or ethnicity, and any penalties
                                                                       12                        or corrective action plans applicable to the
                                                                       13                        State based on the analysis. Such report shall
                                                                       14                        be publicly displayed on the website described in
                                                                       15                        subparagraph (A) and shall be submitted to the
                                                                       16                        Committee on Ways and Means of the House of
                                                                       17                        Representatives and the Committee on Finance
                                                                       18                        of the Senate.
                                                                       19               ‘‘(e) AUTHORITY NOT AFFECTED.—Nothing in this
                                                                       20 section shall limit the authority otherwise provided to the
                                                                       21 Secretary of Labor regarding program administration
                                                                       22 under this title.’’.
                                                                       23               (b) REGULATIONS.—Not later than 18 months after
                                                                       24 the date of enactment of this Act, the Secretary of Labor



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25 shall issue regulations to implement the amendments


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00025   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              26
                                                                         1 made by subsection (a), including with respect to the pro-
                                                                         2 gram performance standards and performance bonuses.
                                                                         3              (c) EFFECTIVE DATE.—The amendment made by
                                                                         4 subsection (a) shall apply with respect to fiscal years be-
                                                                         5 ginning 2 or more years after the date of enactment of
                                                                         6 this Act.
                                                                         7                          TITLE IV—GENERAL
                                                                         8                             PROVISIONS
                                                                         9     SEC. 401. CENTRALIZED SUPPORT AND TECHNICAL ASSIST-

                                                                       10                              ANCE FOR STATE PROGRAM IMPROVEMENT.

                                                                       11               Title III of the Social Security Act (42 U.S.C. 501
                                                                       12 et seq.), as amended by section 302, is further amended
                                                                       13 by adding at the end the following:
                                                                       14      ‘‘SEC. 308. CENTRALIZED SUPPORT AND TECHNICAL AS-

                                                                       15                              SISTANCE FOR STATE PROGRAM IMPROVE-

                                                                       16                              MENT.

                                                                       17               ‘‘(a) CENTRALIZED SUPPORT AND TECHNICAL AS-
                                                                       18      SISTANCE FOR STATE PROGRAM IMPROVEMENT.—

                                                                       19                        ‘‘(1) IN GENERAL.—Subject to the availability
                                                                       20               of the appropriations made available by section 403
                                                                       21               of the GUARD Act, the Secretary of Labor shall
                                                                       22               make available to each State administering an un-
                                                                       23               employment compensation program central sup-
                                                                       24               portive services and direct technical assistance to as-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               sist the State in—


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00026   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              27
                                                                         1                                 ‘‘(A) promoting equitable access to such
                                                                         2                       unemployment compensation program;
                                                                         3                                 ‘‘(B) preventing and identifying fraud and
                                                                         4                       supporting law enforcement in the recovery of
                                                                         5                       payments made due to fraud; and
                                                                         6                                 ‘‘(C) improving timely payments and re-
                                                                         7                       ducing workload backlogs.
                                                                         8                       ‘‘(2) SCOPE OF ASSISTANCE.—The assistance
                                                                         9              provided by the Secretary of Labor under subsection
                                                                       10               (a) may include the following:
                                                                       11                                  ‘‘(A) Response teams that provide consult-
                                                                       12                        ative assessments.
                                                                       13                                  ‘‘(B) Prototyping and piloting technology
                                                                       14                        solutions and conducting feasibility studies.
                                                                       15                                  ‘‘(C) Sustaining technology solutions and
                                                                       16                        supporting State process changes to improve
                                                                       17                        access and efficiency.
                                                                       18               ‘‘(b) ADMINISTRATIVE DATABASE.—
                                                                       19                        ‘‘(1) IN GENERAL.—The Secretary of Labor
                                                                       20               may establish and maintain a database for the pur-
                                                                       21               poses of administering the requirements of sections
                                                                       22               303 and 307.
                                                                       23                        ‘‘(2) USE.—The Secretary of Labor may use
                                                                       24               data contained in the database established under



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               paragraph (1) only—


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00027   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              28
                                                                         1                                 ‘‘(A) for purposes of program administra-
                                                                         2                       tion, including research, evaluation, and per-
                                                                         3                       formance assessment, of State and Federal un-
                                                                         4                       employment compensation programs, including
                                                                         5                       reemployment services and eligibility assess-
                                                                         6                       ments in accordance with section 306; and
                                                                         7                                 ‘‘(B) to address identity theft within such
                                                                         8                       unemployment compensation programs.
                                                                         9                       ‘‘(3) STORAGE.—The Secretary of Labor shall
                                                                       10               comply with appropriate industry safeguards with
                                                                       11               respect to the storage of such data.
                                                                       12                        ‘‘(4) DISCLOSURE.—
                                                                       13                                  ‘‘(A) IN GENERAL.—Such data may be dis-
                                                                       14                        closed by the Secretary of Labor to Federal or
                                                                       15                        State government officials, or their contractors,
                                                                       16                        only to the extent necessary to carry out the
                                                                       17                        purposes described in paragraph (2) and only
                                                                       18                        under the terms of a written agreement with
                                                                       19                        the Federal or State government official pro-
                                                                       20                        viding for appropriate measures to protect the
                                                                       21                        confidentiality of such data, including oversight
                                                                       22                        of their contractors. The Secretary of Labor
                                                                       23                        may not disclose such data to any other person
                                                                       24                        or entity, and no Federal or State government



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                        official, or their contractor, may redisclose such


                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00028   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              29
                                                                         1                       data to any person or entity, except as provided
                                                                         2                       in this subparagraph.
                                                                         3                                 ‘‘(B) EXEMPTION                      FROM          DISCLOSURE.—

                                                                         4                       Such data shall be exempt from disclosure
                                                                         5                       under 552(b)(3) of title 5, United States
                                                                         6                       Code.’’.
                                                                         7     SEC. 402. IMPLEMENTATION.

                                                                         8              (a) NON-APPLICATION OF THE PAPERWORK REDUC-
                                                                         9     TION ACT.—Chapter 35 of title 44, United States Code

                                                                       10 (commonly referred to as the ‘‘Paperwork Reduction Act
                                                                       11 of 1995’’), shall not apply to the provisions of, and the
                                                                       12 amendments made by, this Act.
                                                                       13               (b) OPERATING INSTRUCTIONS OR OTHER GUID-
                                                                       14      ANCE.—Notwithstanding any other provision of law, the

                                                                       15 Secretary of Labor may issue any regulations, operating
                                                                       16 instructions, or other guidance necessary to carry out the
                                                                       17 provisions of, or the amendments made by, this Act.
                                                                       18      SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

                                                                       19               There is authorized to be appropriated to the Sec-
                                                                       20 retary of Labor to carry out this Act and the amendments
                                                                       21 made by this Act, including maintaining staffing levels,
                                                                       22 hiring new staff, extending grants and contracts, and en-
                                                                       23 tering into grants and contracts—




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00029   Fmt 6652   Sfmt 6201   E:\BILLS\H8661.IH   H8661
                                                                                                                              30
                                                                         1                       (1) any unobligated balance of funds appro-
                                                                         2              priated under section 2118 of the CARES Act (15
                                                                         3              U.S.C. 9034); and
                                                                         4                       (2) for each fiscal year beginning with fiscal
                                                                         5              year 2024, such sums as may be necessary.
                                                                                                                                  Æ




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 8661 IH

                                        VerDate Sep 11 2014   04:13 Aug 19, 2022   Jkt 029200   PO 00000   Frm 00030   Fmt 6652   Sfmt 6301   E:\BILLS\H8661.IH   H8661


File and source

File
BILLS_bills-117hr8661ih_bills-117hr8661ih.pdf
Size
274,779 bytes
SHA-256
f49e050349a27122ccb5e149c0b687f32abbe23d3093fdb711fe6b5964e8184b
Our copy
BILLS_bills-117hr8661ih_bills-117hr8661ih.pdf
Original
www.govinfo.gov
Back to top