[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7821 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7821
To automatically extend and adjust enhanced unemployment assistance for
the duration of the COVID-19 emergency and economic crisis, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2020
Mr. Beyer (for himself, Mr. Kilmer, Mr. Peters, Mr. Heck, Ms. Wexton,
Mr. Hastings, Ms. Jackson Lee, Mr. Blumenauer, Mr. Soto, Mr. Yarmuth,
Ms. Dean, Mr. Scott of Virginia, Ms. Frankel, Mr. Ryan, Mrs. Beatty,
Mr. Smith of Washington, Ms. Judy Chu of California, Mr. Kind, Mr.
Huffman, Ms. Norton, Ms. Sewell of Alabama, Miss Rice of New York, Mr.
Panetta, Ms. Sherrill, Ms. Wasserman Schultz, Mrs. Fletcher, Ms.
Schrier, Ms. Shalala, Mr. Himes, Mr. Morelle, Ms. Kuster of New
Hampshire, Mr. Meeks, Mr. Case, Ms. DelBene, Mrs. Torres of California,
and Mr. Schneider) introduced the following bill; which was referred to
the Committee on Ways and Means
_______________________________________________________________________
A BILL
To automatically extend and adjust enhanced unemployment assistance for
the duration of the COVID-19 emergency and economic crisis, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Relief and Security Act of
2020''.
SEC. 2. TIERED EXPANSION OF PANDEMIC UNEMPLOYMENT ASSISTANCE.
(a) In General.--Section 2102(c) of the CARES Act (15 U.S.C.
9021(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Duration of assistance.--The total number of weeks
for which a covered individual may receive assistance under
this section shall be equal to--
``(A) in the case of a covered individual who first
becomes eligible for assistance under an agreement with
a State under this section beginning with any week
ending on or before January 31, 2021, the sum of--
``(i) the number of weeks sufficient to
provide for the payment of pandemic
unemployment assistance to such individual for
each week ending on or before such date with
respect to which such agreement is in effect;
and
``(ii) the number of weeks, beginning with
the 1st week ending after such date, determined
with respect to such State for such week under
paragraph (4); and
``(B) in the case of a covered individual who first
becomes eligible for assistance under an agreement with
a State under this section beginning with any week
after the week ending on or before such date, the
number of weeks, beginning with the 1st week for which
the covered individual becomes so eligible, determined
with respect to such State for such week under
paragraph (4).''; and
(2) by adding at the end the following:
``(4) Weeks of assistance after january 2021.--
``(A) In general.--The number of weeks determined
with respect to a State under this paragraph with
respect to the reference week of a covered individual
shall be the applicable number of weeks specified with
respect to such State for the covered individual in the
table provided in subparagraph (B), except that--
``(i) in any case in which a State is
designated under section 2115(a) as a higher
tier State for any 3-month period subsequent to
the 3-month period in which the reference week
of a covered individual ends, the applicable
number of weeks specified in such table with
respect to a State designated as such a higher
tier State shall be substituted for the number
of weeks otherwise applicable for such covered
individual; and
``(ii) if for any 3-month period described
in section 2115(a) the national unemployment
rate (as determined by the Secretary of Labor
for the base period consisting of the most
recent 13-week period ending not less than 14
days before the beginning of such quarter) is
less than 5.5 percent and has decreased for at
least the last 2 months of such 3-month period,
the applicable number of weeks with respect to
a State designated under section 2115(a) as a
Tier I State shall be zero in any case in which
the reference week of a covered individual ends
in any subsequent 3-month period.
``(B) Tiered extensions.--The table provided in
this subparagraph is as follows:
------------------------------------------------------------------------
``If the reference week of a covered
individual ends in a 3-month period for The applicable number of
which the State has been designated under weeks for the covered
section 2115(a) as a... individual is...
------------------------------------------------------------------------
Tier I State or Tier II State............. 13
Tier III State............................ 26
Tier IV State............................. 39
Tier V State.............................. 52
Tier VI State............................. 65.
------------------------------------------------------------------------
``(C) Reference week.--For purposes of this
paragraph, the term `reference week' of a covered
individual means the 1st week ending after January 31,
2021, for which the covered individual is eligible for
assistance under an agreement with a State under this
section.''.
(b) Eligibility Expansion.--
(1) In general.--Section 2102(a)(3) of the CARES Act (15
U.S.C. 9021(a)(3)) is amended to read as follows:
``(3) Covered individual.--The term `covered individual'
means an individual who is not eligible for regular
compensation under State or Federal law or pandemic emergency
unemployment compensation under section 2107 and who--
``(A)(i) has exhausted all rights to such regular
compensation and pandemic emergency unemployment
compensation (within the meaning of section
2107(a)(3)); and
``(ii) would be eligible for regular compensation
but for the exhaustion of such rights; or
``(B)(i) provides self-certification that the
individual--
``(I) is otherwise able to work and
available for work within the meaning of
applicable State law, except the individual is
unemployed, partially unemployed, or unable or
unavailable to work because--
``(aa) the individual has been
diagnosed with COVID-19 or is
experiencing symptoms of COVID-19 and
seeking a medical diagnosis;
``(bb) a member of the individual's
household has been diagnosed with
COVID-19;
``(cc) the individual is providing
care for a family member or a member of
the individual's household who has been
diagnosed with COVID-19;
``(dd) a child or other person in
the household for which the individual
has primary caregiving responsibility
is unable to attend school, a childcare
facility, a long-term care facility, or
related facility, or is unable to
access in-home care, as a result of the
COVID-19 national emergency, and such
school, facility, or in-home care is
required for the individual to work;
``(ee) the individual is unable to
reach the place of employment because
of a quarantine imposed as a result of
the COVID-19 national emergency;
``(ff) the individual is unable to
reach the place of employment because
the individual has been advised by a
health care provider to self-quarantine
due to concerns related to the COVID-19
national emergency, including because
the individual resides with an
individual at higher risk of severe
illness;
``(gg) the individual was scheduled
to commence employment and does not
have a job or is unable to reach the
job as a result of the COVID-19
national emergency;
``(hh) the individual has become
the breadwinner or major support for a
household because the head of the
household has died as a result of the
COVID-19 national emergency;
``(ii) the individual has to quit
his or her job as a result of the
COVID-19 national emergency;
``(jj) the individual's place of
employment is closed as a result of the
COVID-19 national emergency;
``(kk) the individual is otherwise
unable to obtain employment as a result
of the COVID-19 national emergency; or
``(ll) the individual meets any
additional criteria established by the
Secretary for unemployment assistance
under this section; or
``(II) is self-employed, is seeking part-
time employment, does not have sufficient work
history, or otherwise would not qualify for
regular unemployment or extended benefits under
State or Federal law or pandemic emergency
unemployment compensation under section 2107
and meets the requirements of subclause (I).
Such term does not include an individual who
has the ability to telework with pay or who is
receiving paid sick leave or other paid leave
benefits, regardless of whether such individual
otherwise meets the requirements of
subparagraph (B)(i)(I).''.
(2) Expansion of eligibility related to economic
consequences of covid-19.--Section 2102(a)(2) of the CARES Act
(15 U.S.C. 9021(a)(2)) is amended to read as follows:
``(2) Covid-19 national emergency.--The term `COVID-19
national emergency' means the public health emergency declared
by the Secretary of Health and Human Services on January 27,
2020, with respect to the 2019 Novel Coronavirus, and its
macroeconomic consequences.''.
(3) Extension of eligibility to individuals without a
recent attachment to the labor force.--Section 2102(b) of the
CARES Act (15 U.S.C. 9021(b)) is amended to read as follows:
``(b) Assistance for Unemployment as a Result of COVID-19 National
Emergency.--Subject to subsection (c), the Secretary shall provide
pandemic unemployment assistance--
``(1) to any covered individual while such individual is
unemployed, partially unemployed, or unable to work for the
weeks of such unemployment with respect to which the individual
is not entitled to any other unemployment compensation (as that
term is defined in section 85(b) of title 26, United States
Code) or waiting period credit; and
``(2) to any other individual for weeks with respect to
which the individual would be a covered individual but for the
individual's lack of a recent attachment to the labor force.''.
(4) Conforming amendments.--Section 2102 of the CARES Act
(15 U.S.C. 9021) is amended--
(A) in subsection (c)(1), by striking ``COVID-19''
and inserting ``the COVID-19 national emergency'' each
place it appears; and
(B) in subsection (h)(1), by striking ``COVID-19
public health emergency'' and inserting ``COVID-19
national emergency''.
(c) Coordination With Extended Compensation.--
(1) In general.--Section 2102(f) of such Act (15 U.S.C.
9021(f)) is amended by adding at the end the following:
``(4) Coordination with extended compensation.--An
agreement under this section shall apply with respect to a
State only upon a determination by the Secretary that, under
the State law or other applicable rules of such State, the
payment of extended compensation for which an individual is
otherwise eligible must be deferred until after the payment of
any pandemic unemployment assistance under subsection (b) for
which the individual is concurrently eligible.''.
(2) Conforming amendment.--Section 2102(a)(3)(A)(i) of such
Act (15 U.S.C. 9021(a)(3)(A)(i)) is amended by striking ``or
extended benefits'' each place it appears.
(d) Applicability.--Section 2102(c)(1) of such Act (15 U.S.C.
9021(c)(1)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) for weeks of unemployment, partial
unemployment, or inability to work caused by COVID-19
beginning on or after January 27, 2020; and''; and
(2) in subparagraph (B), by striking ``subject to
subparagraph (A)(ii),''.
SEC. 3. TIERED EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 2104(b) of the CARES Act (15 U.S.C.
9023(b)) is amended--
(1) in paragraph (1), by striking ``(B) an additional
amount'' and all that follows through the end and inserting the
following:
``(B) an additional amount (in this section
referred to as `Federal Pandemic Unemployment
Compensation') of--
``(i) for weeks with respect to which such
agreement is in effect ending on or before the
date that is 30 days after the date on which
any national emergency declared by the
President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) relating to COVID-19
(or any extension thereof) terminates,
including the national emergency declared on
March 13, 2020, and any subsequent national
emergency, $600;
``(ii) for the subsequent 13 weeks with
respect to which such agreement is in effect
ending after such date, $450;
``(iii) for any week with respect to which
such agreement is in effect following the weeks
described in clause (ii), the applicable dollar
amount specified with respect to such State for
such week in the table provided in paragraph
(2), except that--
``(I) if the first such week ends
in the last month of a 3-month period
for which a State has received a
designation under section 2115(a), the
applicable dollar amount for the first
such week and for any subsequent weeks
ending during such 3-month period shall
be $450; and
``(II) if for any 3-month period
described in section 2115(a) the
national unemployment rate (as
determined by the Secretary of Labor
for the base period consisting of the
most recent 13-week period ending not
less than 14 days before the beginning
of such quarter) is less than 5.5
percent and has decreased for at least
the last 2 months of such 3-month
period, the applicable dollar amount
with respect to a State designated
under section 2115(a) as a Tier I
State, Tier II State, or Tier III State
shall be $0 for any week ending in any
subsequent 3-month period.
Notwithstanding clause (i), in any case in which a subsequent
national emergency is declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.) relating to
COVID-19 during the last 2 months of a 3-month period for which
a State has received a designation under section 2115(a), the
applicable dollar amount for the first week ending on or before
the date that is 30 days after the date of such declaration,
and for any subsequent weeks during such 3-month period shall
be the amount determined under clause (iii).'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Tiered compensation amounts.--The table provided in
this paragraph is as follows:
------------------------------------------------------------------------
``If a week ends in a 3-month period for The applicable dollar amount
which a State has been designated under for such week shall be equal
section 2115(a) as a... to...
------------------------------------------------------------------------
Tier I State, Tier II State, or Tier III $200
State.
Tier IV State, Tier V State, or Tier VI $300.''.
State.
------------------------------------------------------------------------
(b) Applicability.--Section 2104(e) of such Act (15 U.S.C. 9023(e))
is amended to read as follows:
``(b) Applicability.--An agreement entered into under this section
shall apply to weeks of unemployment beginning after the date on which
such agreement is entered into.''.
SEC. 4. EXTENSION OF PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION
THROUGH CALENDAR YEAR 2020.
Section 2107 of the CARES Act (15 U.S.C. 9025) is amended--
(1) in subsection (b)(2), by striking ``13 times'' and all
that follows through the end and inserting ``the product of--
``(A) the individual's average weekly benefit
amount, which includes the amount of Federal Pandemic
Unemployment Compensation under section 2104, for the
benefit year; and
``(B) the number of weeks sufficient to provide for
the payment of pandemic emergency unemployment
compensation to the individual for each week with
respect to which the agreement entered into under this
section is in effect.''; and
(2) in subsection (g)(2), by striking ``December 31, 2020''
and inserting ``January 31, 2021''.
SEC. 5. DESIGNATION OF STATE UNEMPLOYMENT TIERS.
Subtitle A of title II of division B of the CARES Act (15 U.S.C.
9021 et seq.) is amended--
(1) by redesignating sections 2115 and 2116 as sections
2116 and 2117, respectively; and
(2) by inserting after section 2114 the following:
``SEC. 2115. STATE UNEMPLOYMENT TIERS.
``(a) In General.--For the 3-month period beginning with February
2021, and for each subsequent 3-month period, the Secretary of Labor
shall designate each State according to the following table:
------------------------------------------------------------------------
``If the quarterly unemployment rate in a The State shall be
State with respect to a 3-month period designated for such 3-month
is... period as a...
------------------------------------------------------------------------
less than 5.5 percent..................... Tier I State
equal to or greater than 5.5 percent but Tier II State
less than 6.5 percent.
equal to or greater than 6.5 percent but Tier III State
less than 7.5 percent.
equal to or greater than 7.5 percent but Tier IV State
less than 8.5 percent.
equal to or greater than 8.5 percent but Tier V State
less than 9.5 percent.
equal to or greater than 9.5 percent...... Tier VI State.
------------------------------------------------------------------------
``(b) Quarterly Unemployment Rate.--For purposes of this section,
the term `quarterly unemployment rate' means, with respect to a State
for a 3-month period described in subsection (a), the average rate of
total unemployment in such State (seasonally adjusted), to be
determined by the Secretary of Labor, for the period consisting of the
most recent 13-week period ending not less than 14 days before the
beginning of such 3-month period.
``(c) State.--For purposes of this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, 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.''.
SEC. 6. ADDITIONAL EMERGENCY TRANSFERS FOR UNEMPLOYMENT COMPENSATION
ADMINISTRATION.
(a) In General.--Section 903 of the Social Security Act (42 U.S.C.
1103) is amended by adding at the end the following:
``Additional emergency transfers in fiscal year 2020 for
administration
``(j)(1)(A) In addition to any other amounts (including amounts
provided under subsection (h)), the Secretary of Labor shall provide
for the making of emergency administration grants in fiscal year 2020
to the accounts of the States in the Unemployment Trust Fund, in
accordance with succeeding provisions of this subsection.
``(B) The amount of an emergency administration grant with respect
to a State shall, as determined by the Secretary of Labor, be equal to
the amount obtained by multiplying $5,000,000,000 by the same ratio as
would apply under subsection (a)(2)(B) for purposes of determining such
State's share of any excess amount (as described in subsection (a)(1))
that would have been subject to transfer to State accounts, as of
October 1, 2019, under the provisions of subsection (a).
``(2) Any amount transferred to the account of a State under this
subsection may be used by such State only for the administration of its
unemployment compensation law.
``(3)(A) Notwithstanding any other provision of law, the Secretary
of the Treasury shall transfer from the general fund of the Treasury
(from funds not otherwise appropriated) to the employment security
administration account (as established by section 901 of the Social
Security Act) such sums as the Secretary of Labor estimates to be
necessary for purposes of making the transfers described in paragraph
(1)(C).
``(B) There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in the preceding
sentence and such sums shall not be required to be repaid.''.
(b) Regulations.--The Secretary of Labor may prescribe any
regulations, operating instructions, or other guidance necessary to
carry out the amendment made by subsection (a).
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