[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3497 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3497

To provide unemployment assistance to individuals affected by COVID-19, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2020

Mr. Peters (for himself, Mr. Wyden, Mr. Schumer, Mr. Reed, Mrs. Murray, 
  Ms. Warren, Ms. Hirono, Mr. Markey, Ms. Duckworth, Mr. Sanders, Mr. 
Tester, Mr. Durbin, Mr. Whitehouse, Mr. Brown, Mr. Kaine, Ms. Baldwin, 
Mr. Van Hollen, Mr. Menendez, Mr. Booker, Mr. Casey, Mrs. Shaheen, Ms. 
Klobuchar, and Mr. Blumenthal) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To provide unemployment assistance to individuals affected by COVID-19, 
                        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 ``Pandemic Unemployment Assistance 
Act''.

SEC. 2. PANDEMIC UNEMPLOYMENT ASSISTANCE.

    (a) Definitions.--In this section:
            (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
        Coronavirus or 2019-nCoV.
            (2) COVID-19 public health emergency.--The term ``COVID-19 
        public health 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.
            (3) Covered individual.--The term ``covered individual''--
                    (A) means an individual who--
                            (i) is not eligible for regular 
                        compensation under State or Federal law, 
                        including an individual who has exhausted all 
                        rights to regular unemployment under State or 
                        Federal law; and
                            (ii) provides self-certification that the 
                        individual 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--
                                    (I) the individual has been 
                                diagnosed with COVID-19 or has reason 
                                to believe the individual has been 
                                exposed to COVID-19;
                                    (II) a member of the individual's 
                                household has been diagnosed with 
                                COVID-19;
                                    (III) the individual needs to 
                                provide care for a family member or a 
                                member of the individual's household 
                                who has been diagnosed with COVID-19;
                                    (IV) the school or day care the 
                                individual's child attends is closed 
                                due to a COVID-19 outbreak and the 
                                individual is unable to find 
                                alternative childcare;
                                    (V) the individual is unable to 
                                reach the place of employment because 
                                of a quarantine imposed as a direct 
                                result of a COVID-19 outbreak;
                                    (VI) the individual is unable to 
                                reach the place of employment because 
                                the individual self-quarantines to 
                                protect themselves or others as a 
                                direct result of a COVID-19 outbreak;
                                    (VII) the individual was scheduled 
                                to begin employment and is unable to 
                                reach the job as a direct result of a 
                                COVID-19 outbreak;
                                    (VIII) the individual has become 
                                the breadwinner or major support for a 
                                household because the head of the 
                                household has died as a direct result 
                                of COVID-19; or
                                    (IX) the individual meets any 
                                additional criteria established by the 
                                Secretary for unemployment assistance 
                                under this section; and
                    (B) does not include--
                            (i) an individual who has the ability to 
                        telework with pay; or
                            (ii) an individual who is receiving paid 
                        sick leave or other paid leave benefits, 
                        regardless of whether the individual meets a 
                        qualification described in subclause (I) 
                        through (IX) of subparagraph (A)(i).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (5) State.--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, Federated States of Micronesia, Republic of the 
        Marshall Islands, and the Trust Territory of the Pacific 
        Islands.
    (b) Assistance for Unemployment as a Result of COVID-19.--Beginning 
on the date of enactment of this Act and ending on the date that is 26 
weeks after the date on which the COVID-19 public health emergency 
expires, the Secretary shall provide to any covered individual 
unemployment benefit assistance 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.
    (c) Requirement.--
            (1) In general.--Except as provided in paragraph (2), the 
        assistance authorized under subsection (b) shall be available 
        to a covered individual--
                    (A) for weeks of unemployment, partial 
                unemployment, or inability to work caused by COVID-19 
                beginning on or after January 27, 2020; and
                    (B) as long as the covered individual's 
                unemployment, partial unemployment, or inability to 
                work caused by COVID-19 continues.
            (2) Limitation on duration of assistance.--The total number 
        of weeks for which a covered individual may receive assistance 
        under this section shall not exceed 26 weeks and such total 
        shall include any week for which the covered individual 
        received regular unemployment compensation under any Federal or 
        State law.
            (3) Assistance for unemployment before date of enactment.--
        The Secretary shall establish a process for making assistance 
        under this section available for weeks beginning on or after 
        January 27, 2020, and before the date of enactment of this Act.
    (d) Amount of Assistance.--
            (1) In general.--The assistance authorized under subsection 
        (b) for a week of unemployment, partial unemployment, or 
        inability to work shall be equal to the weekly benefit amount 
        authorized under the unemployment compensation law of the State 
        where the covered individual is employed, except that the 
        amount may not be less than the minimum weekly benefit amount 
        described in section 625.6 of title 20, Code of Federal 
        Regulations, or any successor thereto.
            (2) Calculations of amounts for certain covered 
        individuals.--In the case of a covered individual who is self-
        employed, who lives in a territory described in subsection (c) 
        or (d) of section 625.6 of title 20, Code of Federal 
        Regulations, or who would not otherwise qualify for 
        unemployment compensation under State law, the assistance 
        authorized under subsection (b) for a week of unemployment 
        shall be calculated in accordance with section 625.6 of title 
        20, Code of Federal Regulations, or any successor thereto.
    (e) Waiver of State Requirement.--Notwithstanding State law, for 
purposes of assistance authorized under this section, compensation 
under this Act shall be made to an individual otherwise eligible for 
such compensation without any waiting period.
    (f) Agreements With States.--
            (1) In general.--The Secretary shall provide the assistance 
        authorized under subsection (b) through agreements with States 
        which, in the judgment of the Secretary, have an adequate 
        system for administering such assistance through existing State 
        agencies.
            (2) Payments to states.--There shall be paid to each State 
        which has entered into an agreement under this subsection an 
        amount equal to 100 percent of--
                    (A) the total amount of assistance provided by the 
                State pursuant to such agreement; and
                    (B) any additional administrative expenses incurred 
                by the State by reason of such agreement (as determined 
                by the Secretary), including any administrative 
                expenses necessary to facilitate processing of 
                applications for assistance under this section online 
                or by telephone rather than in-person.
            (3) Terms of payments.--Sums payable to any State by reason 
        of such State's having an agreement under this subsection shall 
        be payable, either in advance or by way of reimbursement (as 
        determined by the Secretary), in such amounts as the Secretary 
        estimates the State will be entitled to receive under this 
        subsection for each calendar month, reduced or increased, as 
        the case may be, by any amount by which the Secretary finds 
        that his estimates for any prior calendar month were greater or 
        less than the amounts which should have been paid to the State. 
        Such estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the 
        Secretary and the State agency of the State involved.
    (g) Funding.--
            (1) Assistance.--
                    (A) In general.--Funds in the extended unemployment 
                compensation account (as established by section 905(a) 
                of the Social Security Act (42 U.S.C. 1105(a)) of the 
                Unemployment Trust Fund (as established by section 
                904(a) of such Act (42 U.S.C. 1104(a)) shall be used to 
                make payments to States pursuant to subsection 
                (f)(2)(A).
                    (B) Transfer of funds.--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 extended 
                unemployment compensation account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). 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.
            (2) Administrative expenses.--
                    (A) In general.--Funds in the employment security 
                administration account (as established by section 
                901(a) of the Social Security Act (42 U.S.C. 1105(a)) 
                of the Unemployment Trust Fund (as established by 
                section 904(a) of such Act (42 U.S.C. 1104(a)) shall be 
                used to make payments to States pursuant to subsection 
                (f)(2)(B).
                    (B) Transfer of funds.--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 such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). 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.
            (3) Certifications.--The Secretary of Labor shall from time 
        to time certify to the Secretary of the Treasury for payment to 
        each State the sums payable to such State under paragraphs (1) 
        and (2).
    (h) Emergency Designation.--
            (1) In general.--The amounts provided by this Act are 
        designated as an emergency requirement pursuant to section 4(g) 
        of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
            (2) Designation in senate.--In the Senate, this Act is 
        designated as an emergency requirement pursuant to section 
        4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
        resolution on the budget for fiscal year 2018.
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