[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4663 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4663

  To improve administration of the unemployment insurance program by 
  expanding program integrity and anti-fraud activities and improving 
              access to benefits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2024

Mr. Wyden (for himself, Mr. Crapo, Mr. Bennet, Mr. Lankford, Mr. Brown, 
  Mr. Barrasso, Mr. Peters, Mr. Young, Mr. Whitehouse, Mr. Risch, Mr. 
 Cardin, and Mr. Tillis) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To improve administration of the unemployment insurance program by 
  expanding program integrity and anti-fraud activities and improving 
              access to benefits, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Unemployment 
Insurance Integrity and Accessibility Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
     TITLE I--UNEMPLOYMENT INSURANCE FRAUD AND OVERPAYMENT RECOVERY

Sec. 101. Extension of the statute of limitations for fraud by 
                            individuals under certain unemployment 
                            programs.
Sec. 102. Waiver of recovery of nonfraud pandemic overpayments.
Sec. 103. Permissible use of unemployment fund money for program 
                            administration.
           TITLE II--UNEMPLOYMENT INSURANCE PROGRAM INTEGRITY

Sec. 201. Use of National Directory of New Hires in administration of 
                            unemployment compensation programs.
Sec. 202. Electronic transmission of unemployment compensation 
                            information.
Sec. 203. Unemployment compensation data cross-matching.
Sec. 204. Incarcerated individuals.
Sec. 205. Regulations.
    TITLE III--UNEMPLOYMENT INSURANCE ADMINISTRATION AND TECHNOLOGY

Sec. 301. Access to benefits.
Sec. 302. GAO study and report on the use of funding for unemployment 
                            fraud prevention, equitable access, and 
                            timely payments.

     TITLE I--UNEMPLOYMENT INSURANCE FRAUD AND OVERPAYMENT RECOVERY

SEC. 101. EXTENSION OF THE STATUTE OF LIMITATIONS FOR FRAUD BY 
              INDIVIDUALS UNDER CERTAIN UNEMPLOYMENT PROGRAMS.

    (a) Pandemic Unemployment Assistance.--Section 2102 of the CARES 
Act (15 U.S.C. 9021) is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following new 
        subsection:
    ``(h) Statute of Limitations.--
            ``(1) In general.--Notwithstanding any other provision of 
        law and subject to paragraph (2), any criminal prosecution or 
        civil enforcement action for a violation of, or conspiracy to 
        violate, section 371, 1028A, 1029, 1341, 1343, or 1349 of title 
        18, United States Code, or section 3729 of title 31, United 
        States Code, with respect to any unemployment compensation 
        claim funded in whole or in part by pandemic unemployment 
        assistance under this section shall be brought not later than 
        10 years after the date of the violation or conspiracy.
            ``(2) Exception.--Paragraph (1) shall not apply with 
        respect to a criminal prosecution or civil enforcement action 
        if the statute of limitations applicable to such criminal 
        prosecution or civil enforcement action expired prior to the 
        date of enactment of the Unemployment Insurance Integrity and 
        Accessibility Act.''.
    (b) Federal Pandemic Unemployment Compensation and Mixed Earner 
Unemployment Compensation.--Section 2104(f) of the CARES Act (15 U.S.C. 
9023(f)) is amended by adding at the end the following new paragraph:
            ``(5) Statute of limitations.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph (B), any 
                criminal prosecution or civil enforcement action for a 
                violation of, or conspiracy to violate, section 371, 
                1028A, 1029, 1341, 1343, or 1349 of title 18, United 
                States Code, or section 3729 of title 31, United States 
                Code, with respect to any unemployment compensation 
                claim funded in whole or in part by Federal Pandemic 
                Unemployment Compensation or Mixed Earner Unemployment 
                Compensation under this section shall be brought not 
                later than 10 years after the date of the violation or 
                conspiracy.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                with respect to a criminal prosecution or civil 
                enforcement action if the statute of limitations 
                applicable to such criminal prosecution or civil 
                enforcement action expired prior to the date of 
                enactment of the Unemployment Insurance Integrity and 
                Accessibility Act.''.
    (c) Pandemic Emergency Unemployment Compensation.--Section 2107(e) 
of the CARES Act (15 U.S.C. 9025(e)) is amended by adding at the end 
the following new paragraph:
            ``(5) Statute of limitations.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph (B), any 
                criminal prosecution or civil enforcement action for a 
                violation of, or conspiracy to violate, section 371, 
                1028A, 1029, 1341, 1343, or 1349 of title 18, United 
                States Code, or section 3729 of title 31, United States 
                Code, with respect to any unemployment compensation 
                claim funded in whole or in part by pandemic emergency 
                unemployment compensation under this section shall be 
                brought not later than 10 years after the date of the 
                violation or conspiracy.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                with respect to a criminal prosecution or civil 
                enforcement action if the statute of limitations 
                applicable to such criminal prosecution or civil 
                enforcement action expired prior to the date of 
                enactment of the Unemployment Insurance Integrity and 
                Accessibility Act.''.
    (d) FEMA Other Needs Assistance.--
            (1) Statute of limitations.--
                    (A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph (B), any 
                criminal prosecution or civil enforcement action for a 
                violation of, or conspiracy to violate, section 371, 
                1028A, 1029, 1341, 1343, or 1349 of title 18, United 
                States Code, or section 3729 of title 31, United States 
                Code, with respect to other needs assistance for lost 
                wages to supplement unemployment assistance available 
                under programs administered by the Department of Labor 
                shall be brought not later than 10 years after the date 
                of the violation or conspiracy.
                    (B) Exception.--Subparagraph (A) shall not apply 
                with respect to a criminal prosecution or civil 
                enforcement action if the statute of limitations 
                applicable to such criminal prosecution or civil 
                enforcement action expired prior to the date of 
                enactment of this section.
            (2) Definition.--In paragraph (1), the term ``other needs 
        assistance for lost wages to supplement unemployment 
        assistance'' means any supplementary payment funded in whole or 
        in part by financial assistance under section 408(e)(2) of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5174(e)(2)) relating to a major disaster declared by 
        the President under section 401 of such Act (42 U.S.C. 5170) to 
        supplement recovery efforts in areas affected by the 
        Coronavirus Disease 2019 (COVID-19).

SEC. 102. WAIVER OF RECOVERY OF NONFRAUD PANDEMIC OVERPAYMENTS.

    (a) Pandemic Unemployment Assistance.--Section 2102(d)(4) of the 
CARES Act (15 U.S.C. 9021(d)(4)) is amended to read as follows:
            ``(4) Repayment and waivers of overpayments.--
                    ``(A) Repayment.--Subject to subparagraph (B), 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.
                    ``(B) Waivers.--
                            ``(i) General authority.--In the case of an 
                        overpayment of amounts of pandemic unemployment 
                        assistance--
                                    ``(I) established on or before 
                                December 31, 2025, a State agency may 
                                waive repayment of such amounts under 
                                subparagraph (A) if the State agency 
                                determines that--
                                            ``(aa) the payment of such 
                                        pandemic unemployment 
                                        assistance was without fault on 
                                        the part of any such 
                                        individual; and
                                            ``(bb) such repayment would 
                                        be contrary to equity and good 
                                        conscience; and
                                    ``(II) established after December 
                                31, 2025, a State agency shall waive 
                                repayment of such amounts under 
                                subparagraph (A) if the State agency 
                                determines that--
                                            ``(aa) the payment of such 
                                        pandemic unemployment 
                                        assistance was not based on 
                                        fraud on the part of the 
                                        individual; and
                                            ``(bb) such repayment would 
                                        be contrary to equity and good 
                                        conscience.
                            ``(ii) Additional authority.--
                                    ``(I) In general.--In addition to 
                                the waiver authority provided under 
                                clause (i) and subject to subclause 
                                (II) of this clause, in the case of an 
                                overpayment of amounts of pandemic 
                                unemployment assistance established on 
                                or before December 31, 2025, if the 
                                State agency has not recovered such 
                                amounts as of the date of enactment of 
                                the Unemployment Insurance Integrity 
                                and Accessibility Act, the State agency 
                                may waive repayment of such amounts to 
                                the State agency if it determines 
                                that--
                                            ``(aa) the payment of such 
                                        pandemic unemployment 
                                        assistance was not based on 
                                        fraud on the part of the 
                                        individual; and
                                            ``(bb) such repayment would 
                                        be contrary to equity and good 
                                        conscience.
                                    ``(II) Rule for amounts previously 
                                recovered.--In the case of an 
                                overpayment of amounts of pandemic 
                                unemployment assistance established on 
                                or before December 31, 2025, that has 
                                been completely or partially recovered 
                                by the State agency prior to the date 
                                of enactment of the Unemployment 
                                Insurance Integrity and Accessibility 
                                Act, with respect to such amount that 
                                has been so recovered--
                                            ``(aa) the waiver authority 
                                        under subclause (I) of this 
                                        clause shall not apply; and
                                            ``(bb) the State agency may 
                                        waive repayment of such 
                                        recovered amounts under the 
                                        authority under clause (i)(I).
                    ``(C) Contrary to equity and good conscience.--For 
                purposes of this paragraph, a repayment shall be 
                considered contrary to equity and good conscience if--
                            ``(i) recovery would cause financial 
                        hardship to the person from whom it is sought;
                            ``(ii) the recipient of the overpayment can 
                        show (regardless of their financial situation) 
                        that due to the notice that such payment would 
                        be made or because of the incorrect payment, 
                        either they have relinquished a valuable right 
                        or changed positions for the worse;
                            ``(iii) recovery would be unconscionable 
                        under the circumstances; or
                            ``(iv) recovery would be contrary to equity 
                        and good conscience under the State law.''.
    (b) Federal Pandemic Unemployment Compensation and Mixed Earner 
Unemployment Compensation.--Section 2104(f)(2) of the CARES Act (15 
U.S.C. 9023(f)(2)) is amended to read as follows:
            ``(2) Repayment and waivers of overpayments.--
                    ``(A) Repayment.--Subject to subparagraph (B), in 
                the case of individuals who have received amounts of 
                Federal Pandemic Unemployment Compensation or Mixed 
                Earner Unemployment Compensation to which they were not 
                entitled, the State shall require such individuals to 
                repay the amounts of such Federal Pandemic Unemployment 
                Compensation or Mixed Earner Unemployment Compensation 
                to the State agency.
                    ``(B) Waivers.--
                            ``(i) General authority.--In the case of an 
                        overpayment of amounts of Federal Pandemic 
                        Unemployment Compensation or Mixed Earner 
                        Unemployment Compensation--
                                    ``(I) established on or before 
                                December 31, 2025, a State agency may 
                                waive repayment of such amounts under 
                                subparagraph (A) if the State agency 
                                determines that--
                                            ``(aa) the payment of such 
                                        Federal Pandemic Unemployment 
                                        Compensation or Mixed Earner 
                                        Unemployment Compensation was 
                                        without fault on the part of 
                                        any such individual; and
                                            ``(bb) such repayment would 
                                        be contrary to equity and good 
                                        conscience; and
                                    ``(II) established after December 
                                31, 2025, a State agency shall waive 
                                repayment of such amounts under 
                                subparagraph (A) if the State agency 
                                determines that--
                                            ``(aa) the payment of such 
                                        Federal Pandemic Unemployment 
                                        Compensation or Mixed Earner 
                                        Unemployment Compensation was 
                                        not based on fraud on the part 
                                        of the individual; and
                                            ``(bb) such repayment would 
                                        be contrary to equity and good 
                                        conscience.
                            ``(ii) Additional authority.--
                                    ``(I) In general.--In addition to 
                                the waiver authority provided under 
                                clause (i) and subject to subclause 
                                (II) of this clause, in the case of an 
                                overpayment of amounts of Federal 
                                Pandemic Unemployment Compensation or 
                                Mixed Earner Unemployment Compensation 
                                established on or before December 31, 
                                2025, if the State agency has not 
                                recovered such amounts as of the date 
                                of enactment of the Unemployment 
                                Insurance Integrity and Accessibility 
                                Act, the State agency may waive 
                                repayment of such amounts to the State 
                                agency if it determines that--
                                            ``(aa) the payment of such 
                                        Federal Pandemic Unemployment 
                                        Compensation or Mixed Earner 
                                        Unemployment Compensation was 
                                        not based on fraud on the part 
                                        of the individual; and
                                            ``(bb) such repayment would 
                                        be contrary to equity and good 
                                        conscience.
                                    ``(II) Rule for amounts previously 
                                recovered.--In the case of an 
                                overpayment of amounts of Federal 
                                Pandemic Unemployment Compensation or 
                                Mixed Earner Unemployment Compensation 
                                established on or before December 31, 
                                2025, that has been completely or 
                                partially recovered by the State agency 
                                prior to the date of enactment of the 
                                Unemployment Insurance Integrity and 
                                Accessibility Act, with respect to such 
                                amount that has been so recovered--
                                            ``(aa) the waiver authority 
                                        under subclause (I) of this 
                                        clause shall not apply; and
                                            ``(bb) the State agency may 
                                        waive repayment of such 
                                        recovered amounts under the 
                                        authority under clause (i)(I).
                    ``(C) Contrary to equity and good conscience.--For 
                purposes of this paragraph, a repayment shall be 
                considered contrary to equity and good conscience if--
                            ``(i) recovery would cause financial 
                        hardship to the person from whom it is sought;
                            ``(ii) the recipient of the overpayment can 
                        show (regardless of their financial situation) 
                        that due to the notice that such payment would 
                        be made or because of the incorrect payment, 
                        either they have relinquished a valuable right 
                        or changed positions for the worse;
                            ``(iii) recovery would be unconscionable 
                        under the circumstances; or
                            ``(iv) recovery would be contrary to equity 
                        and good conscience under the State law.''.
    (c) Pandemic Emergency Unemployment Compensation.--Section 
2107(e)(2) of the CARES Act (15 U.S.C. 9025(e)(2)) is amended to read 
as follows:
            ``(2) Repayment and waivers of overpayments.--
                    ``(A) Repayment.--Subject to subparagraph (B), in 
                the case of individuals who have received amounts of 
                pandemic emergency unemployment compensation to which 
                they were not entitled, the State shall require such 
                individuals to repay the amounts of such pandemic 
                emergency unemployment compensation to the State 
                agency.
                    ``(B) Waivers.--
                            ``(i) General authority.--In the case of an 
                        overpayment of amounts of pandemic emergency 
                        unemployment compensation--
                                    ``(I) established on or before 
                                December 31, 2025, a State agency may 
                                waive repayment of such amounts under 
                                subparagraph (A) if the State agency 
                                determines that--
                                            ``(aa) the payment of such 
                                        pandemic emergency unemployment 
                                        compensation was without fault 
                                        on the part of any such 
                                        individual; and
                                            ``(bb) such repayment would 
                                        be contrary to equity and good 
                                        conscience; and
                                    ``(II) established after December 
                                31, 2025, a State agency shall waive 
                                repayment of such amounts under 
                                subparagraph (A) if the State agency 
                                determines that--
                                            ``(aa) the payment of such 
                                        pandemic emergency unemployment 
                                        compensation was not based on 
                                        fraud on the part of the 
                                        individual; and
                                            ``(bb) such repayment would 
                                        be contrary to equity and good 
                                        conscience.
                            ``(ii) Additional authority.--
                                    ``(I) In general.--In addition to 
                                the waiver authority provided under 
                                clause (i) and subject to subclause 
                                (II) of this clause, in the case of an 
                                overpayment of amounts of pandemic 
                                emergency unemployment compensation 
                                established on or before December 31, 
                                2025, if the State agency has not 
                                recovered such amounts as of the date 
                                of enactment of the Unemployment 
                                Insurance Integrity and Accessibility 
                                Act, the State agency may waive 
                                repayment of such amounts to the State 
                                agency if it determines that--
                                            ``(aa) the payment of such 
                                        pandemic emergency unemployment 
                                        compensation was not based on 
                                        fraud on the part of the 
                                        individual; and
                                            ``(bb) such repayment would 
                                        be contrary to equity and good 
                                        conscience.
                                    ``(II) Rule for amounts previously 
                                recovered.--In the case of an 
                                overpayment of amounts of pandemic 
                                emergency unemployment compensation 
                                established on or before December 31, 
                                2025, that has been completely or 
                                partially recovered by the State agency 
                                prior to the date of enactment of the 
                                Unemployment Insurance Integrity and 
                                Accessibility Act, with respect to such 
                                amount that has been so recovered--
                                            ``(aa) the waiver authority 
                                        under subclause (I) of this 
                                        clause shall not apply; and
                                            ``(bb) the State agency may 
                                        waive repayment of such 
                                        recovered amounts under the 
                                        authority under clause (i)(I).
                    ``(C) Contrary to equity and good conscience.--For 
                purposes of this paragraph, a repayment shall be 
                considered contrary to equity and good conscience if--
                            ``(i) recovery would cause financial 
                        hardship to the person from whom it is sought;
                            ``(ii) the recipient of the overpayment can 
                        show (regardless of their financial situation) 
                        that due to the notice that such payment would 
                        be made or because of the incorrect payment, 
                        either they have relinquished a valuable right 
                        or changed positions for the worse;
                            ``(iii) recovery would be unconscionable 
                        under the circumstances; or
                            ``(iv) recovery would be contrary to equity 
                        and good conscience under the State law.''.
    (d) FEMA Disaster Relief Assistance.--Section 262(b) of division N 
of the Consolidated Appropriations Act, 2021 (42 U.S.C. 5174 note) is 
amended to read as follows:
    ``(b) Repayment and Waivers of Overpayments.--
            ``(1) Repayment.--Subject to paragraph (2), in the case of 
        individuals who have received amounts of covered assistance to 
        which they were not entitled, the State shall require such 
        individuals to repay the amounts of such covered assistance to 
        the State agency.
            ``(2) Waivers of overpayments.--
                    ``(A) General authority.--In the case of an 
                overpayment of amounts of covered assistance--
                            ``(i) established on or before December 31, 
                        2025, a State agency may waive repayment of 
                        such amounts under paragraph (1) if the State 
                        agency determines that--
                                    ``(I) the payment of such covered 
                                assistance was without fault on the 
                                part of any such individual; and
                                    ``(II) such repayment would be 
                                contrary to equity and good conscience; 
                                and
                            ``(ii) established after December 31, 2025, 
                        a State agency shall waive repayment of such 
                        amounts under paragraph (1) if the State agency 
                        determines that--
                                    ``(I) the payment of such covered 
                                assistance was not based on fraud on 
                                the part of the individual; and
                                    ``(II) such repayment would be 
                                contrary to equity and good conscience.
                    ``(B) Additional authority.--
                            ``(i) In general.--In addition to the 
                        waiver authority provided under subparagraph 
                        (A) and subject to clause (ii) of this 
                        subparagraph, in the case of an overpayment of 
                        amounts of covered assistance established on or 
                        before December 31, 2025, if the State agency 
                        has not recovered such amounts as of the date 
                        of enactment of the Unemployment Insurance 
                        Integrity and Accessibility Act, the State 
                        agency may waive repayment of such amounts to 
                        the State agency if it determines that--
                                    ``(I) the payment of such covered 
                                assistance was not based on fraud on 
                                the part of the individual; and
                                    ``(II) such repayment would be 
                                contrary to equity and good conscience.
                            ``(ii) Rule for amounts previously 
                        recovered.--In the case of an overpayment of 
                        amounts of covered assistance established on or 
                        before December 31, 2025, that has been 
                        completely or partially recovered by the State 
                        agency prior to the date of enactment of the 
                        Unemployment Insurance Integrity and 
                        Accessibility Act, with respect to such amount 
                        that has been so recovered--
                                    ``(I) the waiver authority under 
                                clause (i) of this subparagraph shall 
                                not apply; and
                                    ``(II) the State agency may waive 
                                repayment of such recovered amounts 
                                under the authority under subparagraph 
                                (A)(i).
                    ``(C) Contrary to equity and good conscience.--For 
                purposes of this subsection, a repayment shall be 
                considered contrary to equity and good conscience if--
                            ``(i) recovery would cause financial 
                        hardship to the person from whom it is sought;
                            ``(ii) the recipient of the overpayment can 
                        show (regardless of their financial situation) 
                        that due to the notice that such payment would 
                        be made or because of the incorrect payment, 
                        either they have relinquished a valuable right 
                        or changed positions for the worse;
                            ``(iii) recovery would be unconscionable 
                        under the circumstances; or
                            ``(iv) recovery would be contrary to equity 
                        and good conscience under the State law.''.
    (e) Ongoing Review and Reports to Congress.--
            (1) Ongoing review.--The Comptroller General of the United 
        States (in this subsection referred to as the ``Comptroller 
        General'') shall conduct an ongoing review of the 
        implementation of the provisions of, and the amendments made 
        by, this section. Such review shall include an analysis of--
                    (A) whether waivers were properly granted to 
                individuals who qualified for a waiver;
                    (B) whether waivers were properly denied to 
                individuals who did not qualify for a waiver; and
                    (C) other matters determined appropriate by the 
                Comptroller General.
            (2) Reports.--Not later than 1 year after the date of 
        enactment of this subsection, and annually until the date that 
        is 3 years after the date of enactment of this section, the 
        Comptroller General shall submit to Congress a report 
        containing the results of the review conducted under paragraph 
        (1), together with recommendations for such legislation and 
        administrative action as the Comptroller General determines 
        appropriate.

SEC. 103. PERMISSIBLE USE OF UNEMPLOYMENT FUND MONEY FOR PROGRAM 
              ADMINISTRATION.

    (a) Withdrawal Standard in the Internal Revenue Code.--Section 3304 
of the Internal Revenue Code of 1986 is amended--
            (1) in subsection (a)(4)--
                    (A) in subparagraph (F), by striking ``and'' at the 
                end; and
                    (B) by inserting after subparagraph (G) the 
                following:
                    ``(H) subject to subsection (h) and except as 
                provided in subparagraph (J), of those payments of 
                benefits from a State's unemployment fund that are 
                determined to have been overpaid and are subsequently 
                recovered by the State, the State may, immediately 
                following receipt of such recovered amount, place a 
                percentage of such recovered amount, as specified in 
                State law (but not to exceed 5 percent), in a sub-
                account of the State's account in the Unemployment 
                Trust Fund from which money may be withdrawn only for 
                the uses described in subsection (g);
                    ``(I) of those payments of contributions (or 
                payments in lieu of contributions) that are collected 
                as a result of an investigation and assessment by a 
                State agency, the State may, immediately following 
                receipt of such payments, place a percentage of such 
                payments, as specified in State law (but not to exceed 
                5 percent), into the same sub-account of the State's 
                account in the Unemployment Trust Fund described in 
                subparagraph (H) from which money may be withdrawn only 
                for the uses described in subsection (g); and
                    ``(J) of those payments of pandemic unemployment 
                assistance under section 2102 of the CARES Act, Federal 
                Pandemic Unemployment Compensation under section 2104 
                of such Act, Mixed Earner Unemployment Compensation 
                under section 2104 of such Act, or pandemic emergency 
                unemployment compensation under section 2107 of such 
                Act that are determined to have been fraudulently 
                overpaid and are subsequently recovered by the State, 
                the State may, immediately following receipt of such 
                recovered amount, place up to 25 percent of such 
                recovered amount into the same sub-account of the 
                State's account in the Unemployment Trust Fund 
                described in subparagraph (H) from which money may be 
                withdrawn only for the uses described in subsection 
                (g);''; and
            (2) by adding at the end the following new subsections:
    ``(g) Permissible Uses.--The uses described in this subsection are 
the following:
            ``(1) The payment of costs of deterring, detecting, and 
        preventing improper unemployment insurance payments.
            ``(2) Uses relating to the proper classification of 
        employees.
            ``(3) Uses relating to the provisions of State law 
        implementing section 303(k) of the Social Security Act.
            ``(4) The payment to the Secretary of the Treasury to the 
        credit of the account of the State in the Unemployment Trust 
        Fund.
            ``(5) Modernizing the State's unemployment insurance 
        technology infrastructure.
            ``(6) Improving access to unemployment compensation and 
        recipiency rates for eligible workers.
            ``(7) Improving the timely and accurate payment of 
        unemployment compensation.
            ``(8) Complying with the requirements of section 303(q) of 
        the Social Security Act.
            ``(9) Otherwise improving the administration of State and 
        Federal unemployment compensation laws.
    ``(h) Limitation on Retention of Recovered Funds.--
            ``(1) In general.--Subject to paragraph (2), subsection 
        (a)(4)(H) shall not apply to a State unless the State law 
        provides that, in the case of an individual who has received 
        amounts of unemployment compensation to which they were not 
        entitled, the State agency may waive repayment of such amounts 
        to the State agency if it determines that--
                    ``(A) the payment of such unemployment compensation 
                was not based on fraud on the part of the individual; 
                and
                    ``(B)(i) the payment of such unemployment 
                compensation was due to the error of the State agency; 
                or
                    ``(ii) such repayment would be contrary to equity 
                and good conscience.
            ``(2) Requirement not applicable to pandemic 
        unemployment.--The requirement under paragraph (1) shall not 
        apply to repayments of pandemic unemployment assistance, 
        Federal Pandemic Unemployment Compensation, Mixed Earner 
        Unemployment Compensation, and pandemic emergency unemployment 
        compensation.
            ``(3) Contrary to equity and good conscience.--For purposes 
        of paragraph (1)(B)(ii), a repayment shall be considered 
        contrary to equity and good conscience if--
                    ``(A) recovery would cause financial hardship to 
                the person from whom it is sought;
                    ``(B) the recipient of the overpayment can show 
                (regardless of their financial situation) that due to 
                the notice that such payment would be made or because 
                of the incorrect payment, either they have relinquished 
                a valuable right or changed positions for the worse;
                    ``(C) recovery would be unconscionable under the 
                circumstances; or
                    ``(D) the situation meets any other criteria as 
                determined by State law.''.
    (b) Definition of Unemployment Fund.--Section 3306(f) of the 
Internal Revenue Code of 1986 is amended, in the third sentence, by 
striking ``(exclusive of expenses of administration)'' and all that 
follows through the period at the end of paragraph (6) and inserting 
``, except as otherwise provided in section 3304(a)(4) or any other 
provision of Federal law.''.
    (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) 
of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking 
``exclusive of expenses of administration,'' and all that follows and 
inserting ``except as otherwise provided in this section, section 
3304(a)(4) of the Internal Revenue Code of 1986, or any other provision 
of Federal law; and''.
    (d) Immediate Deposit Requirements.--
            (1) Internal revenue code requirement.--Paragraph (3) of 
        section 3304(a) of the Internal Revenue Code of 1986 is amended 
        to read as follows:
            ``(3) all money received in the unemployment fund of the 
        State shall immediately upon such receipt be paid over to the 
        Secretary of the Treasury to the credit of the Unemployment 
        Trust Fund established by section 904 of the Social Security 
        Act (42 U.S.C. 1104), except for--
                    ``(A) refunds of sums erroneously paid into the 
                unemployment fund of the State;
                    ``(B) refunds paid in accordance with the 
                provisions of section 3305(b); and
                    ``(C) amounts placed in a sub-account of the 
                State's account in the Unemployment Trust Fund pursuant 
                to subparagraph (H), (I), or (J) of paragraph (4);''.
            (2) Social security act requirement.--Section 303(a)(4) of 
        the Social Security Act (42 U.S.C. 503(a)(4)) is amended by 
        striking ``(except for refunds'' and all that follows through 
        ``Federal Unemployment Tax Act)'' and inserting ``(except as 
        otherwise provided in this section, section 3304(a)(3) of the 
        Internal Revenue Code of 1986, or any other provision of 
        Federal law)''.
    (e) Application to Federal Payments.--Section 303 of the Social 
Security Act (42 U.S.C. 503) is amended by adding at the end the 
following new subsection:
    ``(n) Recovery of Federal Payments.--
            ``(1) In general.--As a condition for administering any 
        unemployment compensation program of the United States (as 
        defined in paragraph (2)) as an agent of the United States, a 
        State shall, with respect to erroneous payments made under such 
        programs by the State, use the authority provided under 
        subparagraphs (H) and (I) of section 3304(a)(4) of the Internal 
        Revenue Code of 1986 in the same manner as such authority is 
        used with respect to erroneous payments made under the State 
        unemployment compensation law. With respect to erroneous 
        Federal payments recovered consistent with the authority under 
        such subparagraphs (H) and (I), the State shall immediately 
        place the same percentage of the recovered payments into the 
        same sub-account of the State's account in the Unemployment 
        Trust Fund as provided in the State law implementing such 
        section 3304(a)(4).
            ``(2) Definition.--For purposes of this subsection, the 
        term `unemployment compensation program of the United States' 
        means--
                    ``(A) unemployment compensation for Federal 
                civilian employees under subchapter I of chapter 85 of 
                title 5, United States Code;
                    ``(B) unemployment compensation for ex-
                servicemembers under subchapter II of chapter 85 of 
                title 5, United States Code;
                    ``(C) extended benefits under the Federal-State 
                Extended Unemployment Compensation Act of 1970 (26 
                U.S.C. 3304 note);
                    ``(D) any Federal temporary extension of 
                unemployment compensation;
                    ``(E) any Federal program that increases the weekly 
                amount of unemployment compensation payable to 
                individuals; and
                    ``(F) any other Federal program providing for the 
                payment of unemployment compensation, as determined by 
                the Secretary.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to overpayments or payments of contributions (or payments in lieu 
of contributions) that are collected as a result of an investigation 
and assessment by the State agency after the earlier of--
            (1) the date the State changes its statutes, regulations, 
        or policies in order to comply with such amendment; or
            (2) December 31, 2026.
    (g) Implementation.--
            (1) Guidance.--Not later than 90 days after the date of 
        enactment of this section, the Secretary of Labor shall provide 
        guidance to States for implementing the amendments made by this 
        section.
            (2) Regulations.--
                    (A) Interim final rule.--Not later than 1 year 
                after the date of enactment of this section, the 
                Secretary of Labor shall issue an interim final rule to 
                carry out the amendments made by section.
                    (B) Final rule.--Not later than 2 years after the 
                date of enactment of this section, the Secretary of 
                Labor shall issue a final rule to carry out the 
                amendments made by section.

           TITLE II--UNEMPLOYMENT INSURANCE PROGRAM INTEGRITY

SEC. 201. USE OF NATIONAL DIRECTORY OF NEW HIRES IN ADMINISTRATION OF 
              UNEMPLOYMENT COMPENSATION PROGRAMS.

    Section 303 of the Social Security Act (42 U.S.C. 503), as amended 
by section 103(e), is amended by adding at the end the following new 
subsection:
    ``(o) Use of National Directory of New Hires.--
            ``(1) In general.--The State agency charged with 
        administration of the State law shall have in place procedures 
        to--
                    ``(A) compare information in the National Directory 
                of New Hires established under section 453(i) against 
                unemployment compensation data to identify any 
                individuals claiming unemployment compensation who may 
                have become employed, in accordance with any 
                regulations or guidance that the Secretary of Health 
                and Human Services may issue and consistent with the 
                computer matching provisions of the Privacy Act of 
                1974;
                    ``(B) take timely action to verify whether the 
                individuals identified pursuant to subparagraph (A) are 
                employed; and
                    ``(C) upon verification pursuant to subparagraph 
                (B), take appropriate action to suspend or modify 
                unemployment compensation payments, and to initiate 
                recovery of any improper unemployment compensation 
                payments that have been made.
            ``(2) Enforcement.--Whenever the Secretary of Labor, after 
        reasonable notice and opportunity for hearing to the State 
        agency charged with the administration of the State law, finds 
        that there is a failure to comply substantially with the 
        requirements of paragraph (1), the Secretary of Labor shall 
        notify such State agency that further payments will not be made 
        to the State until the Secretary of Labor is satisfied that 
        there is no longer any such failure. Until the Secretary of 
        Labor is so satisfied, such Secretary shall make no future 
        certification to the Secretary of the Treasury with respect to 
        the State.
            ``(3) Effective date.--The requirements of paragraph (1) 
        shall apply to weeks of unemployment beginning on or after the 
        earlier of--
                    ``(A) the date the State changes its statutes, 
                regulations, or policies in order to comply with such 
                requirements; or
                    ``(B) December 31, 2026.''.

SEC. 202. ELECTRONIC TRANSMISSION OF UNEMPLOYMENT COMPENSATION 
              INFORMATION.

    Section 303 of the Social Security Act (42 U.S.C. 503), as amended 
by sections 103(e) and 201, is amended by adding at the end the 
following new subsection:
    ``(p) Electronic Transmission of Unemployment Compensation 
Information.--
            ``(1) In general.--The State agency charged with 
        administration of the State law shall use a system designated 
        by the Secretary of Labor for automated electronic transmission 
        between such State agency and employers or their agents of 
        requests for information relating to unemployment compensation 
        and the provision of such information to such State agency.
            ``(2) Employer participation.--The Secretary of Labor shall 
        work with the State agency charged with administration of the 
        State law to increase the number of employers using the system 
        described in paragraph (1) and to resolve any technical 
        challenges with the system.
            ``(3) Reports on use of electronic system.--Not later than 
        December 31, 2027 (and if subsequently requested by the 
        Committee on Finance of the Senate or the Committee on Ways and 
        Means of the House of Representatives, but in no case more once 
        per year)), the Secretary shall submit to such Committees a 
        report that contains information on--
                    ``(A) the proportion of employers using the 
                designated system described in paragraph (1);
                    ``(B) the reasons reported by employers for not 
                using such system;
                    ``(C) the efforts that States are undertaking to 
                increase employers' use of such system;
                    ``(D) which components and functions of such system 
                States and employers in the States are using; and
                    ``(E) other information determined appropriate by 
                the Secretary.
            ``(4) Enforcement.--Whenever the Secretary of Labor, after 
        reasonable notice and opportunity for hearing to the State 
        agency charged with the administration of the State law, finds 
        that there is a failure to comply substantially with the 
        requirements of this subsection, the Secretary of Labor shall 
        notify such State agency that further payments will not be made 
        to the State until the Secretary of Labor is satisfied that 
        there is no longer any such failure. Until the Secretary of 
        Labor is so satisfied, such Secretary shall make no future 
        certification to the Secretary of the Treasury with respect to 
        the State.
            ``(5) Effective date.--The requirements of this subsection 
        shall apply to weeks of unemployment beginning on or after the 
        earlier of--
                    ``(A) the date the State changes its statutes, 
                regulations, or policies in order to comply with such 
                requirements; or
                    ``(B) December 31, 2026.''.

SEC. 203. UNEMPLOYMENT COMPENSATION DATA CROSS-MATCHING.

    (a) In General.--Section 303(a) of the Social Security Act (42 
U.S.C. 503(a)), as amended by section 103, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``provision for--'' and inserting ``provision for each of the 
        following:'';
            (2) at the end of each of paragraphs (1) through (10) and 
        paragraph (11)(A), by striking ``; and'' and inserting a 
        period; and
            (3) by adding at the end the following new paragraph:
            ``(13) The State agency charged with administration of the 
        State law shall use the system designated by the Secretary of 
        Labor for cross-matching claimants of unemployment compensation 
        under State law against any databases in the system to prevent 
        and detect fraud and improper payments.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to weeks of unemployment beginning on or after the earlier of--
            (1) the date the State changes its statutes, regulations, 
        or policies in order to comply with such amendment; or
            (2) December 31, 2026.

SEC. 204. INCARCERATED INDIVIDUALS.

    (a) In General.--Section 303(a) of the Social Security Act (42 
U.S.C. 503(a)), as amended by sections 103 and 203(a), is amended by 
adding at the end the following new paragraph:
            ``(14) The regular cross-matching of claimants for 
        unemployment compensation under the State law, or under Federal 
        law administered by the State pursuant to an agreement, with 
        the prisoner information maintained under sections 202(x) and 
        1611(e) by the Social Security Administration or such other 
        repositories of information identifying individuals who are 
        incarcerated as the Secretary of Labor may require, for 
        purposes of assisting in the determination of eligibility, 
        subject to appropriate safeguards determined by the disclosing 
        agency to ensure such information is used only for authorized 
        purposes.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to weeks of unemployment beginning on or after the earlier of--
            (1) the date the State changes its statutes, regulations, 
        or policies in order to comply with such amendment; or
            (2) December 31, 2026.

SEC. 205. REGULATIONS.

    (a) Interim Final Rule.--Not later than 1 year after the date of 
enactment of this section, the Secretary of Labor shall issue an 
interim final rule to carry out the amendments made by sections 201, 
202, 203, and 204.
    (b) Final Rule.--Not later than 2 years after the date of enactment 
of this section, the Secretary of Labor shall issue a final rule to 
carry out the amendments made by sections 201, 202, 203, and 204.
    (c) Requirements.--In issuing the interim final rule under 
subsection (a) and the final rule under subsection (b), the Secretary 
of Labor shall--
            (1) take into account benefit access, benefit timeliness, 
        program integrity (including fraud prevention), due process, 
        and other factors determined appropriate by the Secretary;
            (2) specify--
                    (A) the method and frequency of cross-matching 
                necessary to minimize susceptibility to fraud while 
                ensuring benefit access and timeliness;
                    (B) methods to ensure that data used for cross-
                matching is accurate and up-to-date;
                    (C) methods of evaluating the systems described in 
                the amendments made by sections 201, 202, 203, and 204 
                for effectiveness in preventing and detecting fraud and 
                improper payments;
                    (D) methods for ensuring that such systems do not 
                result in the flagging of claims based on the personal 
                characteristics of the applicant or claimant, such as 
                race, color, religion, sex, national origin, age, 
                disability, or political affiliation or belief;
                    (E) methods for ensuring that such systems comply 
                with best practices for privacy and cybersecurity, 
                including ensuring that the cybersecurity of such 
                systems is consistent with the relevant cybersecurity 
                laws (including regulations), policies, and standards 
                that would apply if the system were operated by an 
                agency in the executive branch; and
                    (F) other information necessary to ensure proper 
                implementation of the amendments made by sections 201, 
                202, 203, and 204, as determined appropriate by the 
                Secretary of Labor.

    TITLE III--UNEMPLOYMENT INSURANCE ADMINISTRATION AND TECHNOLOGY

SEC. 301. ACCESS TO BENEFITS.

    (a) In General.--Section 303 of the Social Security Act (42 U.S.C. 
503), as amended by sections 103(e), 201, and 202, is amended by adding 
at the end the following new subsection:
    ``(q) Access to Benefits.--
            ``(1) In general.--The State agency charged with 
        administration of the State law shall, in accordance with 
        standards established by the Secretary--
                    ``(A) provide guidance to employers in the State on 
                best practices for providing written information to 
                employees upon separation from employment regarding how 
                the employee may file a claim for unemployment 
                compensation and how the employee may find more 
                information from the State agency about eligibility 
                criteria for unemployment compensation;
                    ``(B) have processes in place so that employers may 
                notify the State workforce agency of employees who may 
                apply for unemployment compensation due to layoffs 
                through no fault of the employee, short-term layoffs, 
                business shutdowns, partial unemployment, and short-
                time compensation;
                    ``(C) ensure that any online claim filing system 
                used by the State meets the requirements described in 
                paragraph (2); and
                    ``(D) ensure that alternate means of claim filing 
                (such as phone and in-person options) are available.
            ``(2) Access requirements for online claim filing.--The 
        requirements described in this paragraph with respect to an 
        online claim filing system are the following:
                    ``(A) The online claim filing system--
                            ``(i) ensures that the process of filing 
                        initial and continuing claims for unemployment 
                        compensation can be readily understood and 
                        accomplished by claimants (including 
                        individuals with limited English proficiency, 
                        individuals with disabilities (in compliance 
                        with section 508 of the Rehabilitation Act of 
                        1973 (29 U.S.C. 794d)), older individuals, and 
                        individuals with literacy challenges); and
                            ``(ii) provides clear methods of seeking 
                        assistance if a claimant is unable to readily 
                        understand or accomplish the process of filing 
                        initial or continuing claims.
                    ``(B) The online claim filing system--
                            ``(i) allows claimants to access the online 
                        claim filing system and file a claim in any 
                        language spoken at home by more than 1 percent 
                        of the State's population, as determined by the 
                        Secretary using data from the Bureau of the 
                        Census (with such translations either completed 
                        by human translators or, in the case of a 
                        translation completed by translation software, 
                        reviewed by a human translator); and
                            ``(ii) complies with the requirements of 
                        the Plain Writing Act of 2010 (5 U.S.C. 301 
                        note), including requirements related to 
                        providing information that is clear, concise, 
                        and well-organized.
                    ``(C) The online claim filing system is designed to 
                align with the requirements of the Connected Government 
                Act and is accessible and optimized for all commonly 
                used operating systems and web browsers, including 
                operating systems and web browsers commonly used on 
                desktop computers, tablets, and mobile devices, such 
                that any features of the online claim filing system 
                (such as the ability to upload documentation) that are 
                available in the desktop version of the online claim 
                filing system are also available in the tablet and 
                mobile versions and are available for all operating 
                systems and web browsers commonly used on such devices.
                    ``(D) The online claim filing system allows for 
                electronic submission of documentation required to 
                support a claim, including the ability of claimants to 
                scan or photograph and submit documentation using a 
                tablet or mobile device.
                    ``(E) The online claim filing system allows 
                claimants to access such system 24 hours a day, 7 days 
                a week, with the exception of scheduled and emergency 
                maintenance that shall be conducted, to the extent 
                practicable, at nonpeak hours.
                    ``(F) The online claim filing system is capable of 
                deploying multiple methods of communication with 
                claimants, such as short message service (SMS) message, 
                email, postal mail, live chat, or chatbots.
            ``(3) Enforcement.--Whenever the Secretary of Labor, after 
        reasonable notice and opportunity for hearing to the State 
        agency charged with the administration of the State law, finds 
        that there is a failure to comply substantially with the 
        requirements of this subsection, the Secretary of Labor shall 
        notify such State agency that further payments will not be made 
        to the State until the Secretary of Labor is satisfied that 
        there is no longer any such failure. Until the Secretary of 
        Labor is so satisfied, such Secretary shall make no future 
        certification to the Secretary of the Treasury with respect to 
        the State.
            ``(4) Effective date.--The requirements of this subsection 
        shall apply to weeks of unemployment beginning on or after the 
        earlier of--
                    ``(A) the date the State changes its statutes, 
                regulations, or policies in order to comply with such 
                requirements; or
                    ``(B) December 31, 2027.''.
    (b) Regulations.--
            (1) Final rule.--Not later than 2 years after the date of 
        enactment of this section, the Secretary of Labor shall issue a 
        final rule to carry out the amendment made by subsection (a).
            (2) Requirements.--In issuing the final rule under 
        paragraph (1), the Secretary of Labor shall take into account--
                    (A) benefit access, benefit timeliness, program 
                integrity (including fraud prevention), and due 
                process;
                    (B) how States may meet the requirements of section 
                303(q) of the Social Security Act, as added by 
                subsection (a), while minimizing susceptibility to 
                fraud;
                    (C) best practices related to user experience, 
                technology modernization, and procurement, including 
                best practices for minimizing the cost of 
                modernization; and
                    (D) other factors determined appropriate by the 
                Secretary of Labor.

SEC. 302. GAO STUDY AND REPORT ON THE USE OF FUNDING FOR UNEMPLOYMENT 
              FRAUD PREVENTION, EQUITABLE ACCESS, AND TIMELY PAYMENTS.

    (a) Study.--The Comptroller General of the United States (in this 
section referred to as the ``Comptroller General'') shall conduct a 
study on the obligation and use of funds under section 2118 of division 
A of the CARES Act (15 U.S.C. 9034), as added by section 9032 of the 
American Rescue Plan Act of 2021 (Public Law 117-2). Such study shall 
include an analysis of the following:
            (1) How the amounts appropriated under such section 2118 
        are being utilized by the Secretary of Labor and States and 
        territories to detect and prevent fraud, promote equitable 
        access, and ensure timely payment of benefits under 
        unemployment compensation programs, including the percentage of 
        such amounts that were used for each of the 3 permissible uses 
        under subsection (b) of such section 2118.
            (2) The progress and implementation of projects funded 
        under such section 2118 arising from Department of Labor Tiger 
        Team recommendations, including any reasons for deviation from 
        agreed-upon negotiated recommendations issued by Department of 
        Labor Tiger Teams.
            (3) Outcome metrics used by States and territories and the 
        Secretary to demonstrate effectiveness of actions taken using 
        the amounts appropriated under such section 2118 in achieving 
        the purposes of detecting and preventing fraud, promoting 
        equitable access, and ensuring the timely payment of benefits.
            (4) Whether any of the amounts appropriated under such 
        section 2118 were used for any purpose other than the 3 
        permissible uses under subsection (b) of such section 2118.
            (5) The methodology used by the Secretary to determine 
        funding allocations of the amounts appropriated under such 
        section 2118.
            (6) The total amount of unobligated funds remaining under 
        such section 2118.
            (7) How amounts appropriated under such section 2118 have 
        been used for technology modernization, and whether States and 
        territories have remaining technology modernization needs.
            (8) The total amount awarded under each grant, the projects 
        undertaken by each State and territory using such grant, the 
        amount allocated for each such project, whether such project is 
        complete or incomplete, and, if incomplete, an estimate for the 
        completion of each project.
            (9) Whether States and territories will be able to continue 
        activities to detect and prevent fraud, promote equitable 
        access, and ensure timely payment of benefits funded with the 
        amounts appropriated under such section 2118 when such amounts 
        are expended.
            (10) Contracts, grants, cooperative agreements, progress 
        reports (including ETA ARPA 9178s), and other supporting 
        documents relating to agreements entered into using amounts 
        appropriated under such section 2118, and the amount spent on 
        such contracts, grants, agreements, and progress reports.
            (11) Any other area determined appropriate by the 
        Comptroller General.
    (b) Report.--Not later than 2 years after the date of enactment of 
this section, the Comptroller General shall submit to Congress a report 
containing the results of the study conducted under subsection (a), 
together with recommendations for such legislation and administrative 
action as the Comptroller General determines appropriate.
                                 <all>