[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4361 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4361

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 SENATE OF THE UNITED STATES

                             July 29, 2020

 Mr. Reed (for himself and Mr. Bennet) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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; and
                            ``(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:
    ``(e) 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:
    ``(j) Additional Emergency Transfers in Fiscal Year 2020 for 
Administration.--
    ``(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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