[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4935 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4935
To provide continued assistance to unemployed workers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 30, 2020
Mr. Wyden (for himself, Mr. Schumer, Mr. Bennet, Mr. Brown, and Mr.
Reed) introduced the following bill; which was read twice and referred
to the Committee on Finance
_______________________________________________________________________
A BILL
To provide continued assistance to unemployed workers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Worker
Holiday Relief Act of 2020''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXTENSIONS OF CARES ACT UNEMPLOYMENT BENEFITS FOR WORKERS
Sec. 101. Extension of Federal Pandemic Unemployment Compensation.
Sec. 102. Extension of pandemic unemployment assistance.
Sec. 103. Extension and expansion of the pandemic emergency
unemployment compensation program.
Sec. 104. Extension of temporary financing of short-time compensation
payments in States with programs in law.
Sec. 105. Extension of temporary financing of short-time compensation
agreements.
Sec. 106. Extension of full Federal funding of the first week of
compensable regular unemployment for States
with no waiting week.
TITLE II--TAX WITHHOLDING OPTION FOR UNEMPLOYMENT BENEFITS
Sec. 201. Application of FUTA requirement to permit individuals to
request that Federal income tax be
withheld.
TITLE III--CLARIFICATIONS AND IMPROVEMENTS TO PANDEMIC UNEMPLOYMENT
ASSISTANCE
Sec. 301. Clarification of Pandemic Unemployment Assistance eligibility
for primary caregiving.
Sec. 302. Waiver authority for certain overpayments of Pandemic
Unemployment Assistance.
Sec. 303. Clarification of access to Pandemic Unemployment Assistance
for workers at businesses that reduced
staff due to the pandemic.
Sec. 304. Hold Harmless for Pandemic Unemployment Assistance.
Sec. 305. Clarification of access to Pandemic Unemployment Assistance
for workers with unsafe workplaces.
Sec. 306. Clarification of access to Pandemic Unemployment Assistance
for workers who are self-quarantining in
accordance with CDC guidelines.
Sec. 307. Clarification of access to Pandemic Unemployment Assistance
for workers who had to reduce or suspend
customary work activities.
Sec. 308. Clarification of continued access to Pandemic Unemployment
Assistance.
Sec. 309. State flexibility in establishing income.
TITLE IV--EXTENSION OF RELIEF TO STATES AND EMPLOYERS
Sec. 401. Extension of full Federal funding of extended unemployment
compensation.
Sec. 402. Extension of temporary assistance for States with advances.
Sec. 403. Extension of emergency relief for governmental entities and
nonprofit organizations.
TITLE V--CORRECTIVE ACTION FOR PROCESSING BACKLOGS
Sec. 501. State reporting on claims backlogs.
TITLE VI--PANDEMIC UNEMPLOYMENT ASSISTANCE FOR MIXED EARNERS
Sec. 601. Coverage of mixed-income individuals.
TITLE VII--TECHNICAL CORRECTIONS
Sec. 701. Grace Period for Full Financing of Short-Time Compensation
Programs.
Sec. 702. Technical correction for the Commonwealth of Northern Mariana
Islands.
Sec. 703. Technical amendment relating to Pandemic Unemployment
Assistance.
TITLE I--EXTENSIONS OF CARES ACT UNEMPLOYMENT BENEFITS FOR WORKERS
SEC. 101. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 2104(e) of division A of the CARES Act (15
U.S.C. 9023(e)) is amended to read as follows:
``(e) Applicability.--
``(1) In general.--An agreement entered into under this
section shall apply--
``(A) to weeks of unemployment beginning after the
date on which such agreement is entered into and ending
on or before July 31, 2020; and
``(B) to weeks of unemployment beginning after
September 5, 2020 (or, if later, the date on which such
agreement is entered into), and ending on or before
October 4, 2021.
``(2) Transition rule for individuals remaining entitled to
regular compensation as of october 4, 2021.--In the case of any
individual who, as of the date specified in paragraph (1)(B),
has not yet exhausted all rights to regular compensation under
the State law of a State with respect to a benefit year that
began before such date, Federal Pandemic Unemployment
Compensation shall continue to be payable to such individual
for any week beginning on or after such date for which the
individual is otherwise eligible for regular compensation with
respect to such benefit year.
``(3) Termination.--Notwithstanding any other provision of
this subsection, no Federal Pandemic Unemployment Compensation
shall be payable for any week beginning after January 3,
2022.''.
(b) Disregard of Federal Pandemic Unemployment Compensation for
Certain Purposes.--Section 2104(h) of division A of the CARES Act (15
U.S.C. 9023(h)) is amended to read as follows:
``(h) Disregard of Federal Pandemic Unemployment Compensation for
Purposes of All Federal and Federally Assisted Programs.--A Federal
Pandemic Unemployment Compensation payment shall not be regarded as
income and shall not be regarded as a resource for the month of receipt
and the following 9 months, for purposes of determining the eligibility
of the recipient (or the recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits or assistance, under
any Federal program or under any State or local program financed in
whole or in part with Federal funds.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the CARES Act (Public Law
116-136).
SEC. 102. EXTENSION OF PANDEMIC UNEMPLOYMENT ASSISTANCE.
(a) In General.--Section 2102 of division A of the CARES Act (15
U.S.C. 9021) is amended--
(1) in subsection (c)--
(A) in paragraph (1)(A)(ii), by striking ``December
31, 2020'' and inserting ``the applicable end date
described in section 2107(g)(2)''; and
(B) by amending paragraph (2) to read as follows:
``(2) Limitation on duration of assistance.--
``(A) In general.--The total number of weeks for
which a covered individual may receive assistance under
this section shall not exceed 65 weeks and such total
shall include any week for which the covered individual
received regular compensation or extended benefits
under any Federal or State law, or pandemic emergency
unemployment compensation under section 2107, except
that if after March 27, 2020, the extended benefit
period or high unemployment period is triggered under
the Federal-State Extended Unemployment Compensation
Act of 1970 (26 U.S.C. 3304 note) or an emergency
benefit period is triggered under section 2107, the 65-
week period described in this paragraph shall be
extended by--
``(i) in the case of an extended benefit
period or high unemployment period triggered
under the Federal-State Extended Unemployment
Compensation Act of 1970, the number of weeks
that is equal to the number of weeks of
extended benefits available under such Act in
the State in which the individual is filing;
and
``(ii) in the case of an emergency benefit
period triggered under section 2107, the number
of weeks that is equal to the additional number
of weeks (through augmentation) available under
paragraphs (4), (5), and (6) of section 2107(b)
in the State in which the individual is filing.
``(B) Extension of assistance.--For the purpose of
an extension of the 65-week period under subparagraph
(A), the following rules shall apply:
``(i) Transition period.-- Section
2107(g)(3) shall apply to any extension of
assistance under subparagraph (A).
``(ii) Accounts and grandfathering.--In
determining the number of weeks available for a
covered individual under an extension described
in subparagraph (A)(ii), the Secretary shall
apply rules that are the same as the rules
described in paragraphs (4), (5), and (6) of
section 2107(b), including with respect to
accounts and grandfathering.''; and
(2) by adding at the end the following:
``(i) Unemployment Rate Calculation for Certain Territories.--In
the case of Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of Palau, the following rules
shall apply:
``(1) For the purposes of subsection (c)(1)(A)(ii) of this
section, the Secretary shall determine the total unemployment
rate of the territory in a manner similar to the manner under
section 2107(g)(2).
``(2) For the purpose of subsection (c)(2)(B) of this
section, the Secretary shall determine the total unemployment
rate of the territory in a manner similar to the manner under
paragraphs (4), (5), and (6) of section 2107(b).''.
(b) Hold Harmless for Proper Administration.--In the case of an
individual who is eligible to receive pandemic unemployment assistance
under section 2102 of division A of the CARES Act (15 U.S.C. 9021) as
of the day before the date of enactment of this Act and on the date of
enactment of this Act becomes eligible for pandemic emergency
unemployment compensation under section 2107 of division A of the CARES
Act (15 U.S.C. 9025) by reason of the amendments made by section 103(b)
of this Act, any payment of pandemic unemployment assistance under
section such 2102 made after the date of enactment of this Act to such
individual during an appropriate period of time, as determined by the
Secretary of Labor, that should have been made under such section 2107
shall not be considered to be an overpayment of assistance under such
section 2102.
SEC. 103. EXTENSION AND EXPANSION OF THE PANDEMIC EMERGENCY
UNEMPLOYMENT COMPENSATION PROGRAM.
(a) Extension.--Section 2107(g) of division A of the CARES Act (15
U.S.C. 9025(g)) is amended to read as follows:
``(g) Applicability.--
``(1) In general.--Subject to paragraphs (2) and (3), an
agreement entered into under this section shall apply, with
respect to a State, to weeks of unemployment--
``(A) beginning after the date on which such
agreement is entered into; and
``(B) ending on or before the applicable end date
described in paragraph (2).
``(2) Applicable end date.--
``(A) In general.--The applicable end date
described in this paragraph with respect to a State is
the first date (after the date the State entered into
an agreement under this section) that the State has not
been in an emergency benefit period described in
subparagraph (B) for 13 consecutive weeks.
``(B) Emergency benefit period.--For purposes of
subparagraph (A), a State shall be considered to be in
an emergency benefit period, as of any given day, if--
``(i) an extended benefit period would then
be in effect for such State under the Federal-
State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note) if--
``(I) section 203(f) of such Act
were applied to such State (regardless
of whether the State by law had
provided for such application); and
``(II) such section 203(f)--
``(aa) were applied by
substituting `5.5' for `6.5' in
paragraph (1)(A)(i) thereof;
and
``(bb) did not include the
requirement under paragraph
(1)(A)(ii) thereof; or
``(ii) the average national unemployment
rate (seasonally adjusted) for the period
consisting of the most recent 3 months for
which data for all States are published before
such day equals or exceeds 5.5 percent.
``(3) Transition for amount remaining in account.--
``(A) In general.--Subject to subparagraph (B), in
the case of an individual who has amounts remaining in
an account established under subsection (b) as of the
last day of the last week (as determined in accordance
with the applicable State law) ending on or before the
applicable end date described in paragraph (2),
pandemic emergency unemployment compensation shall
continue to be payable to such individual from such
amounts for any week beginning after such date for
which the individual meets the eligibility requirements
of this section.
``(B) Limitation.--No compensation shall be payable
by reason of paragraph (1) for any week beginning after
the date that is 13 weeks after the applicable end date
described in paragraph (2).''.
(b) Expansion.--Section 2107(b) of division A of the CARES Act (15
U.S.C. 9025(b)) is amended--
(1) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(2) by adding at the end the following new paragraphs:
``(3) First-tier pandemic emergency unemployment
compensation.--The amount established in an account under
paragraph (1) shall be equal to 39 times the individual's
average weekly benefit amount, which includes the amount of
Federal Pandemic Unemployment Compensation under section 2104,
for the benefit year.
``(4) Second-tier pandemic emergency unemployment
compensation.--
``(A) In general.--If, at the time that the amount
added to an individual's account under paragraph (3)
(in this section referred to as `first-tier pandemic
emergency unemployment compensation') is exhausted, or
at any time thereafter, such individual's State is in a
second-tier pandemic elevated benefit period (as
determined under subparagraph (B)), such account shall
be augmented by an amount (in this section referred to
as `second-tier pandemic emergency unemployment
compensation') equal to 13 times the individual's
average weekly benefit amount, which includes the
amount of Federal Pandemic Unemployment Compensation
under section 2104, for the benefit year.
``(B) Second-tier pandemic elevated benefit period
benefit period.--For purposes of subparagraph (A), a
State shall be considered to be in a second-tier
pandemic elevated benefit period, as of any given time,
if an extended benefit period would then be in effect
for such State under the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304
note) if--
``(i) section 203(f) of such Act were
applied to such State (regardless of whether
the State by law had provided for such
application); and
``(ii) such section 203(f) did not include
the requirement under paragraph (1)(A)(ii)
thereof.
``(C) Limitation.--The account of an individual may
be augmented not more than once under this subsection.
``(5) Third-tier pandemic emergency unemployment
compensation.--
``(A) In general.--If, at the time that the amount
added to an individual's account under paragraph (4) is
exhausted, or at any time thereafter, such individual's
State is in a third-tier pandemic elevated benefit
period (as determined under subparagraph (B)), such
account shall be augmented by an amount (in this
section referred to as `third-tier pandemic emergency
unemployment compensation') equal to 13 times the
individual's average weekly benefit amount, which
includes the amount of Federal Pandemic Unemployment
Compensation under section 2104, for the benefit year.
``(B) Third-tier pandemic elevated benefit
period.--For purposes of subparagraph (A), a State
shall be considered to be in a third-tier pandemic
elevated benefit period, as of any given time, if an
extended benefit period would then be in effect for
such State under the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304
note) if--
``(i) section 203(f) of such Act were
applied to such State (regardless of whether
the State by law had provided for such
application); and
``(ii) such section 203(f)--
``(I) were applied by substituting
`7.5' for `6.5' in paragraph (1)(A)(i)
thereof; and
``(II) did not include the
requirement under paragraph (1)(A)(ii)
thereof.
``(C) Limitation.--The account of an individual may
be augmented not more than once under this subsection.
``(6) Fourth-tier pandemic emergency unemployment
compensation.--
``(A) In general.--If, at the time that the amount
added to an individual's account under paragraph (5) is
exhausted, or at any time thereafter, such individual's
State is in a fourth-tier pandemic elevated benefit
period (as determined under subparagraph (B)), such
account shall be augmented by an amount (in this
section referred to as `fourth-tier pandemic emergency
unemployment compensation') equal to 13 times the
individual's average weekly benefit amount, which
includes the amount of Federal Pandemic Unemployment
Compensation under section 2104, for the benefit year.
``(B) Fourth-tier pandemic elevated benefit
period.--For purposes of subparagraph (A), a State
shall be considered to be in a fourth-tier pandemic
elevated benefit period, as of any given time, if an
extended benefit period would then be in effect for
such State under the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304
note) if--
``(i) section 203(f) of such Act were
applied to such State (regardless of whether
the State by law had provided for such
application); and
``(ii) such section 203(f)--
``(I) were applied by substituting
`8.5' for `6.5' in paragraph (1)(A)(i)
thereof; and
``(II) did not include the
requirement under paragraph (1)(A)(ii)
thereof.
``(C) Limitation.--The account of an individual may
be augmented not more than once under this subsection.
``(7) Coordination of pandemic emergency unemployment
compensation with regular compensation.--
``(A) In general.--If--
``(i) an individual has been determined to
be entitled to pandemic emergency unemployment
compensation with respect to a benefit year;
``(ii) that benefit year has expired;
``(iii) that individual has remaining
entitlement to pandemic emergency unemployment
compensation with respect to that benefit year;
and
``(iv) that individual would qualify for a
new benefit year in which the weekly benefit
amount of regular compensation is at least $25
less than the individual's weekly benefit
amount in the benefit year referred to in
clause (i),
then the State shall determine eligibility for
compensation as provided in subparagraph (B).
``(B) Determination of eligibility.--For
individuals described in subparagraph (A), the State
shall determine whether the individual is to be paid
pandemic emergency unemployment compensation or regular
compensation for a week of unemployment using one of
the following methods:
``(i) The State shall, if permitted by
State law, establish a new benefit year, but
defer the payment of regular compensation with
respect to that new benefit year until
exhaustion of all pandemic emergency
unemployment compensation payable with respect
to the benefit year referred to in subparagraph
(A)(i).
``(ii) The State shall, if permitted by
State law, defer the establishment of a new
benefit year (which uses all the wages and
employment which would have been used to
establish a benefit year but for the
application of this subparagraph), until
exhaustion of all pandemic emergency
unemployment compensation payable with respect
to the benefit year referred to in subparagraph
(A)(i).
``(iii) The State shall pay, if permitted
by State law--
``(I) regular compensation equal to
the weekly benefit amount established
under the new benefit year; and
``(II) pandemic emergency
unemployment compensation equal to the
difference between that weekly benefit
amount and the weekly benefit amount
for the expired benefit year.
``(iv) The State shall determine rights to
pandemic emergency unemployment compensation
without regard to any rights to regular
compensation if the individual elects to not
file a claim for regular compensation under the
new benefit year.''.
(c) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the CARES Act (Public Law 116-
136), except that no amount shall be payable by virtue of such
amendments with respect to any week of unemployment commencing before
the date of the enactment of this Act.
SEC. 104. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
PAYMENTS IN STATES WITH PROGRAMS IN LAW.
Section 2108(b)(2) of division A of the CARES Act (15 U.S.C.
9026(b)(2)) is amended by striking ``December 31, 2020'' and inserting
``the applicable end date described in section 2107(g)(2)''.
SEC. 105. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
AGREEMENTS.
Section 2109(d)(2) of division A of the CARES Act (15 U.S.C.
9027(d)(2)) is amended by striking ``December 31, 2020'' and inserting
``the applicable end date described in section 2107(g)(2)''.
SEC. 106. EXTENSION OF FULL FEDERAL FUNDING OF THE FIRST WEEK OF
COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES WITH NO
WAITING WEEK.
Section 2105(e)(2) of division A of the CARES Act (15 U.S.C.
9024(e)(2)) is amended by striking ``December 31, 2020'' and inserting
``the applicable end date described in section 2107(g)(2)''.
TITLE II--TAX WITHHOLDING OPTION FOR UNEMPLOYMENT BENEFITS
SEC. 201. APPLICATION OF FUTA REQUIREMENT TO PERMIT INDIVIDUALS TO
REQUEST THAT FEDERAL INCOME TAX BE WITHHELD.
(a) Pandemic Unemployment Assistance.--Section 2102(f) of division
A of the CARES Act (15 U.S.C. 9021(f)) is amended by adding at the end
the following:
``(4) Application of futa requirement to permit individuals
to request that federal income tax be withheld.--Beginning 30
days after the date of enactment of this paragraph, any
agreement under this subsection shall provide that the
requirement under section 3304(a)(18) of the Internal Revenue
Code of 1986 shall apply to assistance payable under this
section in the same manner as such requirement applies to
unemployment compensation payable under State law.''.
(b) Federal Pandemic Unemployment Compensation.--Section 2104(b) of
division A of the CARES Act (15 U.S.C. 9023(b)) is amended by adding at
the end the following new paragraph:
``(3) Application of futa requirement to permit individuals
to request that federal income tax be withheld.--Beginning 30
days after the date of enactment of this paragraph, any
agreement under this section shall provide that the requirement
under section 3304(a)(18) of the Internal Revenue Code of 1986
shall apply to compensation payable under this section in the
same manner as such requirement applies to unemployment
compensation payable under State law.''.
(c) Pandemic Emergency Unemployment Compensation.--Section 2107(a)
of division A of the CARES Act (15 U.S.C. 9025(a)) is amended by adding
at the end the following new paragraph:
``(8) Application of futa requirement to permit individuals
to request that federal income tax be withheld.--Beginning 30
days after the date of enactment of this paragraph, any
agreement under this section shall provide that the requirement
under section 3304(a)(18) of the Internal Revenue Code of 1986
shall apply to compensation payable under this section in the
same manner as such requirement applies to unemployment
compensation payable under State law.''.
TITLE III--CLARIFICATIONS AND IMPROVEMENTS TO PANDEMIC UNEMPLOYMENT
ASSISTANCE
SEC. 301. CLARIFICATION OF PANDEMIC UNEMPLOYMENT ASSISTANCE ELIGIBILITY
FOR PRIMARY CAREGIVING.
(a) In General.--Section 2102(a)(3)(A)(ii)(I)(dd) of division A of
the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(dd)) is amended by
striking ``that is closed as a direct result of the COVID-19 public
health emergency'' and inserting ``because the school or facility is
closed or only partially reopened due to COVID-19, because child or
family care is not available or affordable during the hours work is
available due to COVID-19, or because physical attendance at the school
or facility presents an unacceptable health risk for the household or
the individual in need of care due to COVID-19,''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the date of the enactment of this Act.
SEC. 302. WAIVER AUTHORITY FOR CERTAIN OVERPAYMENTS OF PANDEMIC
UNEMPLOYMENT ASSISTANCE.
(a) In General.--Section 2102(d) of division A of the CARES Act (15
U.S.C. 9021(d)) is amended by adding at the end the following:
``(4) Waiver authority.--In the case of individuals who
have received amounts of Pandemic Unemployment Assistance to
which they were not entitled, the State shall require such
individuals to repay the amounts of such Pandemic Unemployment
Assistance to the State agency, except that the State agency
shall waive such repayment if it determines that--
``(A) the payment of such Pandemic Unemployment
Assistance was without fault on the part of any such
individual; and
``(B) such repayment would be contrary to equity
and good conscience.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the CARES Act (Public Law
116-136).
SEC. 303. CLARIFICATION OF ACCESS TO PANDEMIC UNEMPLOYMENT ASSISTANCE
FOR WORKERS AT BUSINESSES THAT REDUCED STAFF DUE TO THE
PANDEMIC.
(a) In General.--Section 2102(a)(3)(A)(ii)(I)(jj) of division A of
the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(jj)) is amended by
inserting ``or its operations are otherwise curtailed, including by
reducing hours of operation, staffing levels, occupancy, or other
changes that are recommended or required,'' after ``closed''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to weeks of unemployment beginning after the date of
the enactment of this Act.
SEC. 304. HOLD HARMLESS FOR PANDEMIC UNEMPLOYMENT ASSISTANCE.
(a) In General.--Section 2102(c) of division A of the CARES Act (15
U.S.C. 9021(c)) is amended by adding at the end the following:
``(4) Continued eligibility for assistance.--As a condition
of continued eligibility for assistance under this section, a
covered individual shall submit a recertification to the State
for each week after the individual's 1st week of eligibility
that certifies that the individual remains an individual
described in subsection (a)(3)(A)(ii) for such week.''.
(b) Effective Date; Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to weeks beginning on or after the date that
is 30 days after the date of enactment of this section.
(2) Special rule.--In the case of any State that made a
good faith effort to implement section 2102 of division A of
the CARES Act (15 U.S.C. 9021) in accordance with rules similar
to those provided in section 625.6 of title 20, Code of Federal
Regulations, for weeks ending before the effective date
specified in paragraph (1), an individual who received Pandemic
Unemployment Assistance from such State for any such week shall
not be considered ineligible for such assistance for such week
solely by reason of failure to submit a recertification
described in subsection (c)(4) of such section.
SEC. 305. CLARIFICATION OF ACCESS TO PANDEMIC UNEMPLOYMENT ASSISTANCE
FOR WORKERS WITH UNSAFE WORKPLACES.
(a) In General.--Section 2102(a)(3)(A)(ii)(I)(ii) of division A of
the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(ii)) is amended--
(1) by inserting ``or refuse an offer of work'' after ``her
job''; and
(2) by inserting ``, including because the workplace of the
individual is not in compliance with all applicable health and
safety guidelines and standards related to the prevention of
occupational exposure to COVID-19, including such guidelines
and standards issued by the Occupational Safety and Health
Administration, State plans approved under section 18 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 667), the
Centers for Disease Control and Prevention, and Federal, State,
and local public health authorities'' after ``COVID-19''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to weeks beginning after the date of enactment of
this Act.
SEC. 306. CLARIFICATION OF ACCESS TO PANDEMIC UNEMPLOYMENT ASSISTANCE
FOR WORKERS WHO ARE SELF-QUARANTINING IN ACCORDANCE WITH
CDC GUIDELINES.
(a) In General.--Section 2102(a)(3)(A)(ii)(I) of division A of the
CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)) is amended--
(1) in item (jj), by striking ``or'' at the end;
(2) in item (kk), by striking ``or'' at the end; and
(3) by inserting after item (kk) the following:
``(ll) the individual is
unable to reach the place of
employment because the
individual is self-quarantining
because the individual or a
member of the individual's
household is at increased risk
from COVID-19 based on
guidelines from the Centers for
Disease Control and Prevention
or as determined by a health
care provider;''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to weeks beginning after the date of enactment of
this Act.
SEC. 307. CLARIFICATION OF ACCESS TO PANDEMIC UNEMPLOYMENT ASSISTANCE
FOR WORKERS WHO HAD TO REDUCE OR SUSPEND CUSTOMARY WORK
ACTIVITIES.
(a) In General.--Section 2102(a)(3)(A)(ii)(I) of division A of the
CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)), as amended by section 306
of this Act, is amended by inserting after item (ll) the following:
``(mm) the COVID-19 public
health emergency or economic
conditions related to the
COVID-19 public health
emergency has severely limited
the individual's ability to
continue performing the
individual's customary work
activities, and has thereby
forced the individual to reduce
or suspend such activities;
or''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to weeks beginning after the date of enactment of
this Act.
SEC. 308. CLARIFICATION OF CONTINUED ACCESS TO PANDEMIC UNEMPLOYMENT
ASSISTANCE.
(a) In General.--Section 2102(a)(3)(A)(ii)(I) of division A of the
CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)), as amended by section 307
of this Act, is amended by inserting after item (mm) the following:
``(nn) the individual lost
his or her job because of a
circumstance described in items
(aa) through (mm), regardless
of whether the circumstance is
still applicable to the
individual; or''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to weeks beginning after the date of enactment of
this Act.
SEC. 309. STATE FLEXIBILITY IN ESTABLISHING INCOME.
(a) In General.--Section 2102(d) of division A of the CARES Act (15
U.S.C. 9021(d)), as amended by section 302 of this Act, is amended by
adding at the end the following:
``(5) State flexibility in establishing income.--In
determining the income of an individual for purposes of an
application for assistance authorized under subsection (b), a
State may rely on such wage and self-employment data as the
State may elect, including any applicable data with respect to
an individual's electronically mediated employment.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to weeks beginning after the date of enactment of
this Act.
TITLE IV--EXTENSION OF RELIEF TO STATES AND EMPLOYERS
SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT
COMPENSATION.
Subsections (a) and (b) of section 4105 of the Families First
Coronavirus Response Act (26 U.S.C. 3304 note) are each amended by
striking ``December 31, 2020'' and inserting ``the applicable end date
described in section 2107(g)(2) of division A of the CARES Act (15
U.S.C. 9025(g)(2))''.
SEC. 402. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.
Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C.
1322(b)(10)(A)) is amended by striking ``December 31, 2020'' and
inserting ``the applicable end date described in section 2107(g)(2) of
division A of the CARES Act (15 U.S.C. 9025(g)(2))''.
SEC. 403. EXTENSION OF EMERGENCY RELIEF FOR GOVERNMENTAL ENTITIES AND
NONPROFIT ORGANIZATIONS.
Section 903(i)(1)(D) of the Social Security Act (42 U.S.C.
1103(i)(1)(D)) is amended by striking ``December 31, 2020'' and
inserting ``the applicable end date described in section 2107(g)(2) of
division A of the CARES Act (15 U.S.C. 9025(g)(2))''.
TITLE V--CORRECTIVE ACTION FOR PROCESSING BACKLOGS
SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS.
(a) In General.--Section 2104 of division A of the CARES Act (15
U.S.C. 9023) is amended by adding at the end the following:
``(j) State Accountability Relating to Claims Backlogs.--As a
condition of any agreement under this section, the following rules
shall apply:
``(1) Claims reporting.--
``(A) In general.--Each State participating in such
an agreement shall submit to the Secretary of Labor on
a weekly basis a report on the status in the State of
any backlog of the processing of unemployment claims,
including claims for regular compensation, extended
compensation, Pandemic Unemployment Assistance, and
Pandemic Emergency Unemployment Compensation. Such
report shall include a description, with respect to the
previous week, of each of the following:
``(i) The number of initial claims still in
process, disaggregated by the number of such
claims still pending--
``(I) because of nonmonetary
determinations;
``(II) because of monetary
determinations;
``(III) because of suspected fraud;
and
``(IV) for any other reason.
``(ii) The number of initial claims denied.
``(iii) The number of individuals with
respect to whom a continued claim was paid.
``(iv) The number of individuals with
respect to whom a continued claim is still in
process, disaggregated by the number of such
claims still pending--
``(I) because of nonmonetary
determinations;
``(II) because of monetary
determinations;
``(III) because of suspected fraud;
and
``(IV) for any other reason.
``(v) The number of individuals with
respect to whom a continued claims was denied.
``(B) Report to congress.--Upon receipt of a report
described in subparagraph (A), the Secretary of Labor
shall publish such report on the website of the
Department of Labor and shall submit such report to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate.
``(2) Corrective action plans.--
``(A) In general.--Not later than 90 days after the
date of enactment of this subsection and at least every
90 days thereafter, each State participating in such an
agreement shall submit to the Secretary of Labor a
corrective action plan that includes a description of
the actions the State has taken and intends to take to
address any backlog of the processing of unemployment
claims described in paragraph (1)(A). The Secretary may
waive the requirement under this subparagraph with
respect to any State that the Secretary determines has
made adequate progress in addressing any such backlog.
``(B) Technical assistance.--The Secretary of Labor
shall make technical assistance available to States to
the extent feasible to enable States to develop and
implement corrective action plans in accordance with
this paragraph. If the Secretary of Labor determines at
any time that a State has failed to take reasonable
actions under a corrective action plan to address a
claims backlog, the State shall collaborate with the
Secretary to develop a subsequent corrective action
plan to achieve clearly defined, targeted outcomes.
``(C) Report to congress.--Upon receipt of a
corrective action plan described in subparagraph (A),
the Secretary of Labor shall publish such plan on the
website of the Department of Labor and shall submit
such report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to weeks beginning after the date of enactment of
this Act.
TITLE VI--PANDEMIC UNEMPLOYMENT ASSISTANCE FOR MIXED EARNERS
SEC. 601. COVERAGE OF MIXED-INCOME INDIVIDUALS.
(a) In General.--Section 2102(c) of division A of the CARES Act (15
U.S.C. 9021(c)), as amended by section 304 of this Act, is amended by
adding at the end the following:
``(5) Coverage of mixed-income individuals.--In the case of
an individual who--
``(A)(i) would be a covered individual but for
subsection (a)(3)(A)(i); or
``(ii) is employed but is unable or unavailable to
earn self-employment income because of factors
described in subsection (a)(3)(A)(ii) and otherwise
satisfies the requirements of subsection (a)(3);
``(B) during the individual's most recent taxable
year ending prior to the individual's application for
assistance under this section, received at least $7,250
from self-employment; and
``(C) makes an irrevocable election to be treated
as a covered individual under this section for each
week, with respect to which assistance under this
section is available, that begins--
``(i) after the date of such election; or
``(ii) before such date, but only if the
individual did not otherwise receive
unemployment benefits for such week under this
section, section 2104, section 2107, or as
determined under State law,
such individual shall be treated as a covered individual
described in subsection (d)(2) for such weeks. An individual
with respect to which this paragraph applies for a week shall
be deemed ineligible for regular compensation or extended
benefits under State or Federal law or pandemic emergency
unemployment compensation under section 2107 for such week.''.
(b) Applicability.--The amendment made by subsection (a) shall not
apply with respect to a State participating in an agreement under
section 2102 of division A of the CARES Act (15 U.S.C. 9021(h)) unless
the State so elects, and shall become effective as determined by such
State in agreement with the Secretary of Labor.
TITLE VII--TECHNICAL CORRECTIONS
SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT-TIME COMPENSATION
PROGRAMS.
Section 2108(c) of division A of the CARES Act (15 U.S.C. 9026(c))
is amended by striking ``shall be eligible'' and all that follows
through the end and inserting the following:
``shall be eligible--
``(1) for payments under subsection (a) for weeks of
unemployment beginning after the effective date of such
enactment; and
``(2) for an additional payment equal to the total amount
of payments for which the State is eligible pursuant to an
agreement under section 2109 for weeks of unemployment before
such effective date.''.
SEC. 702. TECHNICAL CORRECTION FOR THE COMMONWEALTH OF NORTHERN MARIANA
ISLANDS.
A Commonwealth Only Transitional Worker (as defined in section
6(i)(2) of the Joint Resolution entitled ``A Joint Resolution to
approve the `Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America',
and for other purposes'' (48 U.S.C. 1806)) shall be considered a
qualified alien under section 431 of Public Law 104-193 (8 U.S.C. 1641)
for purposes of eligibility for a benefit under section 2102 or 2104 of
the CARES Act.
SEC. 703. TECHNICAL AMENDMENT RELATING TO PANDEMIC UNEMPLOYMENT
ASSISTANCE.
Section 2102(h) of division A of the CARES Act (15 U.S.C. 9021(h))
is amended by striking ``section 625'' each place it appears and
inserting ``part 625''.
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