[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4771 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4771
To provide continued assistance to unemployed workers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30 (legislative day, September 29), 2020
Mr. Wyden (for himself and Mr. Schumer) 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 ``Continued
Assistance to Unemployed Workers 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 of Pandemic Emergency Unemployment Compensation.
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--ADDITIONAL WEEKS OF BENEFIT ELIGIBILITY
Sec. 201. Additional weeks.
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.
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--ADDITIONAL BENEFITS FOR MIXED EARNERS
Sec. 601. Mixed Earner Unemployment Compensation.
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 the CARES Act (Public Law 116-
136) 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
January 31, 2021.
``(2) Transition rule for individuals remaining entitled to
regular compensation as of january 31, 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 March 31,
2021.''.
(b) Limitation on Application of Transition Rule.--Section 2104(g)
of such Act is amended by inserting ``(except for subsection (e)(2))''
after ``the preceding provisions of this section''.
(c) Disregard of Federal Pandemic Unemployment Compensation for
Certain Purposes.--Section 2104(h) of such Act 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.''.
(d) 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.
Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)) is amended by
striking ``December 31, 2020'' and inserting ``January 31, 2021''.
SEC. 103. EXTENSION OF PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION.
Section 2107(g)(2) of the CARES Act (15 U.S.C. 9025(g)(2)) is
amended by striking ``December 31, 2020'' and inserting ``January 31,
2021''.
SEC. 104. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
PAYMENTS IN STATES WITH PROGRAMS IN LAW.
Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2)) is
amended by striking ``December 31, 2020'' and inserting ``January 31,
2021''.
SEC. 105. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
AGREEMENTS.
Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2)) is
amended by striking ``December 31, 2020'' and inserting ``January 31,
2021''.
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 the CARES Act (15 U.S.C. 9024(e)(2)) is
amended by striking ``December 31, 2020'' and inserting ``January 31,
2021''.
TITLE II--ADDITIONAL WEEKS OF BENEFIT ELIGIBILITY
SEC. 201. ADDITIONAL WEEKS.
Subtitle A of title II of division A of the CARES Act (15 U.S.C.
9021 et seq.) is amended by inserting after section 2107 the following:
``SEC. 2107A. PANDEMIC EMERGENCY UNEMPLOYMENT EXTENSION COMPENSATION.
``(a) Federal-State Agreements.--
``(1) In general.--Any State which desires to do so may
enter into and participate in an agreement under this section
with the Secretary of Labor (in this section referred to as the
`Secretary'). Any State which is a party to an agreement under
this section may, upon providing 30 days' written notice to the
Secretary, terminate such agreement.
``(2) Provisions of agreement.--Any agreement under
paragraph (1) shall provide that the State agency of the State
will make payments (in this section referred to as `pandemic
emergency unemployment extension compensation') to individuals
who--
``(A) have exhausted all rights to regular
compensation, extended compensation, pandemic
unemployment assistance under section 2102, and
pandemic emergency unemployment compensation under
section 2107;
``(B) have no rights to any benefit specified in
subparagraph (A) or to compensation under any other
Federal law or under the unemployment compensation law
of Canada; and
``(C) are able to work, available to work, and
actively seeking work.
``(3) Exhaustion of benefits.--For purposes of paragraph
(2)(A), an individual shall be deemed to have exhausted such
individual's rights to benefits specified in subparagraph (A)
when--
``(A) no payments of such benefits can be made
because such individual has received all such benefits
available to such individual based on employment or
wages during such individual's base period; or
``(B) such individual's rights to such benefits
have been terminated by reason of the expiration of the
benefit year with respect to which such rights existed.
``(4) Weekly benefit amount, etc.--For purposes of any
agreement under this section--
``(A) the amount of pandemic emergency unemployment
extension compensation which shall be payable to any
individual for any week of total unemployment shall be
equal to--
``(i) the amount of the base compensation
(including any dependents' allowances) payable
to such individual during such individual's
benefit year under the State law for a week of
total unemployment; and
``(ii) the amount of Federal Pandemic
Unemployment Compensation under section 2104;
``(B) the terms and conditions of the State law
which apply to claims for regular compensation and to
the payment thereof (including terms and conditions
relating to availability for work, active search for
work, and refusal to accept work) shall apply to claims
for pandemic emergency unemployment extension
compensation and the payment thereof, except where
otherwise inconsistent with the provisions of this
section or with the regulations or operating
instructions of the Secretary promulgated to carry out
this section;
``(C) the maximum amount of pandemic emergency
unemployment extension compensation payable to any
individual for whom a pandemic emergency unemployment
extension compensation account is established under
subsection (b) shall not exceed the amount established
in such account for such individual; and
``(D) the allowable methods of payment under
section 2104(b)(2) shall apply to payments of amounts
described in subparagraph (A)(ii).
``(5) Nonreduction rule.--
``(A) In general.--An agreement under this section
shall not apply (or shall cease to apply) with respect
to a State upon a determination by the Secretary that
the method governing the computation of regular
compensation under the State law of that State has been
modified in a manner such that the number of weeks (the
maximum benefit entitlement), or the average weekly
benefit amount, of regular compensation which will be
payable during the period of the agreement will be less
than the number of weeks, or the average weekly benefit
amount, of the average weekly benefit amount of regular
compensation which would otherwise have been payable
during such period under the State law, as in effect on
January 1, 2020.
``(B) Maximum benefit entitlement.--In subparagraph
(A), the term `maximum benefit entitlement' means the
amount of regular compensation payable to an individual
with respect to the individual's benefit year.
``(6) Actively seeking work.--
``(A) In general.--For purposes of paragraph
(2)(C), the term `actively seeking work' means, with
respect to any individual, that such individual--
``(i) is registered for employment services
in such a manner and to such extent as
prescribed by the State agency;
``(ii) has engaged in an active search for
employment that is appropriate in light of the
employment available in the labor market, the
individual's skills and capabilities, and
includes a number of employer contacts that is
consistent with the standards communicated to
the individual by the State;
``(iii) has maintained a record of such
work search, including employers contacted,
method of contact, and date contacted; and
``(iv) when requested, has provided such
work search record to the State agency.
``(B) Flexibility.--Notwithstanding the
requirements under subparagraph (A) and paragraph
(2)(C), a State shall provide flexibility in meeting
such requirements in case of individuals unable to
search for work because of COVID-19, including because
of illness, quarantine, or movement restriction.
``(b) Pandemic Emergency Unemployment Compensation Account.--
``(1) In general.--Any agreement under this section shall
provide that the State will establish, for each eligible
individual who files an application for pandemic emergency
unemployment extension compensation, a pandemic emergency
unemployment extension compensation account with respect to
such individual's benefit year.
``(2) Amount in account.--The amount established in an
account under subsection (a) shall be 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.
``(3) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of base compensation (including any dependents'
allowances) under the State law payable to such individual for
such week for total unemployment plus the amount of Federal
Pandemic Unemployment Compensation under section 2104.
``(c) Payments to States Having Agreements for the Payment of
Pandemic Emergency Unemployment Extension Compensation.--
``(1) In general.--There shall be paid to each State that
has entered into an agreement under this section an amount
equal to 100 percent of the pandemic emergency unemployment
extension compensation paid to individuals by the State
pursuant to such agreement.
``(2) Treatment of reimbursable compensation.--No payment
shall be made to any State under this section in respect of any
compensation to the extent the State is entitled to
reimbursement in respect of such compensation under the
provisions of any Federal law other than this section or
chapter 85 of title 5, United States Code. A State shall not be
entitled to any reimbursement under such chapter 85 in respect
of any compensation to the extent the State is entitled to
reimbursement under this section in respect of such
compensation.
``(3) Determination of amount.--Sums payable to any State
by reason of such State having an agreement under this section
shall be payable, either in advance or by way of reimbursement
(as may be determined by the Secretary), in such amounts as the
Secretary estimates the State will be entitled to receive under
this section for each calendar month, reduced or increased, as
the case may be, by any amount by which the Secretary finds
that the Secretary's 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.
``(d) Financing Provisions.--
``(1) Compensation.--
``(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 for the making of payments to
States having agreements entered into under this
section.
``(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) Administration.--
``(A) In general.--There are appropriated out of
the employment security administration account (as
established by section 901(a) of the Social Security
Act (42 U.S.C. 1101(a))) of the Unemployment Trust
Fund, without fiscal year limitation, such funds as may
be necessary for purposes of assisting States (as
provided in title III of the Social Security Act (42
U.S.C. 501 et seq.)) in meeting the costs of
administration of agreements under this section.
``(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) Certification.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this subsection. The
Secretary of the Treasury, prior to audit or settlement by the
Government Accountability Office, shall make payments to the
State in accordance with such certification, by transfers from
the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment
Trust Fund (as so established).
``(e) Fraud and Overpayments.--
``(1) In general.--If an individual knowingly has made, or
caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed, or
caused another to fail, to disclose a material fact, and as a
result of such false statement or representation or of such
nondisclosure such individual has received an amount of
pandemic emergency unemployment extension compensation under
this section to which such individual was not entitled, such
individual--
``(A) shall be ineligible for further pandemic
emergency unemployment extension compensation under
this section in accordance with the provisions of the
applicable State unemployment compensation law relating
to fraud in connection with a claim for unemployment
compensation; and
``(B) shall be subject to prosecution under section
1001 of title 18, United States Code.
``(2) Repayment.--In the case of individuals who have
received amounts of pandemic emergency unemployment extension
compensation under this section to which they were not
entitled, the State shall require such individuals to repay the
amounts of such pandemic emergency unemployment extension
compensation to the State agency, except that the State agency
may waive such repayment if it determines that--
``(A) the payment of such pandemic emergency
unemployment extension compensation was without fault
on the part of any such individual; and
``(B) such repayment would be contrary to equity
and good conscience.
``(3) Recovery by state agency.--
``(A) In general.--The State agency shall recover
the amount to be repaid, or any part thereof, by
deductions from any pandemic emergency unemployment
extension compensation payable to such individual under
this section or from any unemployment compensation
payable to such individual under any State or Federal
unemployment compensation law administered by the State
agency or under any other State or Federal law
administered by the State agency which provides for the
payment of any assistance or allowance with respect to
any week of unemployment, during the 3-year period
after the date such individuals received the payment of
the pandemic emergency unemployment extension
compensation to which they were not entitled, in
accordance with the same procedures as apply to the
recovery of overpayments of regular unemployment
benefits paid by the State.
``(B) Opportunity for hearing.--No repayment shall
be required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
``(4) Review.--Any determination by a State agency under
this section shall be subject to review in the same manner and
to the same extent as determinations under the State
unemployment compensation law, and only in that manner and to
that extent.
``(f) Definitions.--In this section--
``(1) the terms `compensation', `regular compensation',
`extended compensation', `benefit year', `base period',
`State', `State agency', `State law', and `week' have the
respective meanings given such terms under section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note); and
``(2) the term `base compensation' means, as applicable--
``(A) regular compensation; or
``(B) pandemic unemployment assistance under
section 2102.
``(g) Applicability.--An agreement entered into under this section
shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending on or before January 31, 2021.''.
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 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 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 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 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 the CARES Act 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.
TITLE IV--EXTENSION OF RELIEF TO STATES AND EMPLOYERS
SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT
COMPENSATION.
Section 4105 of the Families First Coronavirus Response Act (26
U.S.C. 3304 note) is amended by striking ``December 31, 2020'' each
place it appears and inserting ``June 30, 2021''.
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 ``June 30, 2021''.
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 ``June 30, 2021''.
TITLE V--CORRECTIVE ACTION FOR PROCESSING BACKLOGS
SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS.
(a) In General.--Section 2104 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--ADDITIONAL BENEFITS FOR MIXED EARNERS
SEC. 601. MIXED EARNER UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 2104(b)(1) of the CARES Act (15 U.S.C.
9023(b)(1)) is amended--
(1) in subparagraph (B), by striking the period at the end
and inserting ``, plus''; and
(2) by adding at the end the following:
``(C) an additional amount of $125 (in this section
referred to as `Mixed Earner Unemployment
Compensation') in any case in which the individual
received at least $5,000 of self-employment income (as
defined in section 1402(b) of the Internal Revenue Code
of 1986) in the most recent taxable year ending prior
to the individual's application for regular
compensation.''.
(b) Conforming Amendments.--Section 2104 of such Act is amended--
(1) by inserting ``or Mixed Earner Unemployment
Compensation'' after ``Federal Pandemic Unemployment
Compensation'' each place such term appears in subsection
(b)(2), (c), or (f) of such section;
(2) in subsection (d), by inserting ``and Mixed Earner
Unemployment Compensation'' after ``Federal Pandemic
Unemployment Compensation''; and
(3) in subsection (g), by striking ``provide that'' and all
that follows through the end and inserting ``provide that--
``(1) the purposes of the preceding provisions of this
section, as such provisions apply with respect to Federal
Pandemic Unemployment Compensation, shall be applied with
respect to unemployment benefits described in subsection (i)(2)
to the same extent and in the same manner as if those benefits
were regular compensation; and
``(2) the purposes of the preceding provisions of this
section, as such provisions apply with respect to Mixed Earner
Unemployment Compensation, shall be applied with respect to
unemployment benefits described in subparagraph (B) or (D) of
subsection (i)(2) to the same extent and in the same manner as
if those benefits were regular compensation.''.
(c) Applicability.--The amendments made by this section shall not
apply with respect to a State participating in an agreement under
section 2104 of the CARES Act unless the State so elects, in which case
such amendments shall apply with respect to weeks of unemployment
beginning on or after the later of the date of such election or the
date of enactment of this section.
TITLE VII--TECHNICAL CORRECTIONS
SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT-TIME COMPENSATION
PROGRAMS.
Section 2108(c) 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 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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