[Congressional Record Volume 166, Number 140 (Thursday, August 6, 2020)]
[Senate]
[Pages S5303-S5304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2608. Mr. YOUNG (for himself and Mr. Sasse) submitted an amendment
intended to be proposed to amendment SA 2499 proposed by Mr. McConnell
to the bill S. 178, to condemn gross human rights violations of ethnic
Turkic Muslims in Xinjiang, and calling for an end to arbitrary
detention, torture, and harassment of these communities inside and
outside China; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. IMPROVEMENTS TO STATE UNEMPLOYMENT SYSTEMS AND
STRENGTHENING PROGRAM INTEGRITY.
(a) Unemployment Compensation Systems.--
(1) In general.--Section 303(a) of the Social Security Act
(42 U.S.C. 503(a)) is amended--
(A) in the matter preceding paragraph (1), by striking
``provision for--'' and inserting ``provision for each of the
following:'';
(B) at the end of each of paragraphs (1) through (10) and
paragraph (11)(B), by striking ``; and'' and inserting a
period; and
(C) by adding at the end the following new paragraph:
``(13) The State system shall, in addition to meeting the
requirements under section 1137, meet the following
requirements:
``(A) The system shall be capable of handling a surge of
claims that would represent a twentyfold increase in claims
from January 2020 levels, occurring over a one-month period.
``(B) The system shall be capable of--
``(i) adjusting wage replacement levels for individuals
receiving unemployment compensation;
``(ii) adjusting weekly earnings disregards, including the
ability to adjust such disregards in relation to an
individual's earnings or weekly benefit amount; and
``(iii) providing for wage replacement levels that vary
based on the duration of benefit receipt.
``(C) The system shall have in place an automated process
for receiving and processing claims for disaster unemployment
assistance under section 410(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5177(a)), with flexibility to adapt rules regarding
individuals eligible for assistance and the amount payable.
``(D) In the case of a State that makes payments of short-
time compensation under a short-time compensation program (as
defined in section 3306(v) of the Internal Revenue Code of
1986), the system shall have in place an automated process of
receiving and processing claims for short-time compensation.
``(E) The system shall have in place an automated process
for receiving and processing claims for--
``(i) unemployment compensation for Federal civilian
employees under subchapter I of chapter 85 of title 5, United
States Code;
``(ii) unemployment compensation for ex-servicemembers
under subchapter II of chapter 85 of title 5, United States
Code; and
``(iii) trade readjustment allowances under sections 231
through 233 of the Trade Act of 1974 (19 U.S.C. 2291-
2293).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to weeks of unemployment beginning on or after
the earlier of--
[[Page S5304]]
(A) the date the State changes its statutes, regulations,
or policies in order to comply with such amendment; or
(B) October 1, 2023.
(b) Electronic Transmission of Unemployment Compensation
Information.--Section 303 of the Social Security Act (42
U.S.C. 503) is amended by adding at the end the following new
subsection:
``(n) Electronic Transmission of Unemployment Compensation
Information.--
``(1) In general.--Not later than October 1, 2022, the
State agency charged with administration of the State law
shall use a system developed (in consultation with
stakeholders) and designated by the Secretary of Labor for
automated electronic transmission of requests for information
relating to unemployment compensation and the provision of
such information between such agency and employers or their
agents.
``(2) Use of appropriated funds.--The Secretary of Labor
may use funds appropriated for grants to States under this
title to make payments on behalf of States as the Secretary
determines is appropriate for the use of the system described
in paragraph (1).
``(3) 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
this system and to resolve any technical challenges with the
system.
``(4) Reports on use of electronic system.--After the end
of each fiscal year, on a date determined by the Secretary,
each State shall report to the Secretary information on--
``(A) the proportion of employers using the designated
system described in paragraph (1);
``(B) the reasons employers are not using such system; and
``(C) the efforts the State is undertaking to increase
employer's use of such system.
``(5) 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.''.
(c) Unemployment Compensation Integrity Data Hub.--
(1) In general.--Section 303(a) of the Social Security Act
(42 U.S.C. 503(a)), as amended by subsection (a), is amended
by adding at the end the following new paragraph:
``(14) 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.''.
(2) Effective date.--The amendment made by 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 amendment; or
(B) October 1, 2022.
(d) Reducing State Burden in Providing Data to Prevent and
Detect Fraud.--Section 303 of the Social Security Act (42
U.S.C. 503), as amended by subsection (b), is amended by
adding at the end the following new subsection:
``(o) Use of Unemployment Claims Data to Prevent and Detect
Fraud.--The Inspector General of the Department of Labor
shall, for the purpose of identifying and investigating fraud
in unemployment compensation programs, have direct access to
each of the following systems:
``(1) The system designated by the Secretary of Labor for
the electronic transmission of requests for information
relating to interstate claims for unemployment compensation.
``(2) The system designated by the Secretary of Labor for
cross-matching claimants of unemployment compensation under
State law against databases to prevent and detect fraud and
improper payments (as referred to in subsection (a)(14).''.
(e) Use of National Directory of New Hires in
Administration of Unemployment Compensation Programs and
Penalties on Noncomplying Employers.--
(1) In general.--Section 303 of the Social Security Act (42
U.S.C. 503), as amended by subsections (b) and (d), is
amended by adding at the end the following new subsection:
``(p) Use of National Directory of New Hires.--
``(1) In general.--Not later than October 1, 2022, the
State agency charged with administration of the State law
shall--
``(A) compare information in the National Directory of New
Hires established under section 453(i) against information
about individuals claiming unemployment compensation to
identify any such individuals 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.''.
(2) Penalties.--
(A) In general.--Section 453A(d) of the Social Security Act
(42 U.S.C. 653a(d)), in the matter preceding paragraph (1),
is amended by striking ``have the option to set a State civil
money penalty which shall not exceed'' and inserting ``set a
State civil money penalty which shall be no less than''.
(B) Effective date.--The amendment made by subparagraph (A)
shall apply to penalties assessed on or after October 1,
2022.
(f) State Performance.--
(1) In general.--Section 303 of the Social Security Act (42
U.S.C. 503), as amended by subsections (b), (d), and (e), is
amended by adding at the end the following new subsection:
``(q) State Performance.--
``(1) In general.--For purposes of assisting States in
meeting the requirements of this title, title IX, title XII,
or chapter 23 of the Internal Revenue Code of 1986 (commonly
referred to as `the Federal Unemployment Tax Act'), the
Secretary of Labor may--
``(A) consistent with subsection (a)(1), establish measures
of State performance, including criteria for acceptable
levels of performance, performance goals, and performance
measurement programs;
``(B) consistent with subsection (a)(6), require States to
provide to the Secretary of Labor data or other relevant
information from time to time concerning the operations of
the State or State performance, including the measures,
criteria, goals, or programs established under paragraph (1);
``(C) require States with sustained failure to meet
acceptable levels of performance or with performance that is
substantially below acceptable standards, as determined based
on the measures, criteria, goals, or programs established
under subparagraph (A), to implement specific corrective
actions and use specified amounts of the administrative
grants under this title provided to such States to improve
performance; and
``(D) based on the data and other information provided
under subparagraph (B)--
``(i) to the extent the Secretary of Labor determines funds
are available after providing grants to States under this
title for the administration of State laws, recognize and
make awards to States for performance improvement, or
performance exceeding the criteria or meeting the goals
established under subparagraph (A); or
``(ii) to the extent the Secretary of Labor determines
funds are available after providing grants to States under
this title for the administration of State laws, provide
incentive funds to high-performing States based on the
measures, criteria, goals, or programs established under
subparagraph (A).
``(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.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act.
(g) Funding.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary of Labor $2,000,000,000 to
assist States in carrying out the amendments made by this
section, which may include regional or multi-State efforts.
Amounts appropriated under the preceding sentence shall
remain available until expended.
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