II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Continued Assistance to Unemployed Workers Act of 

6 2020’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 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. 


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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. 


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1 TITLE I—EXTENSIONS OF CARES 

2 ACT UNEMPLOYMENT BENE3 FITS FOR WORKERS 

4 SEC. 101. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY5 MENT COMPENSATION. 

6 (a) IN GENERAL.—Section 2104(e) of the CARES 

7 Act (Public Law 116–136) is amended to read as follows: 

8 ‘‘(e) APPLICABILITY.— 

9 ‘‘(1) IN GENERAL.—An agreement entered into 

10 under this section shall apply— 

11 ‘‘(A) to weeks of unemployment beginning 

12 after the date on which such agreement is en13 tered into and ending on or before July 31, 

14 2020; and 

15 ‘‘(B) to weeks of unemployment beginning 

16 after September 5, 2020 (or, if later, the date 

17 on which such agreement is entered into) and 

18 ending on or before January 31, 2021. 

19 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE20 MAINING ENTITLED TO REGULAR COMPENSATION AS

21 OF JANUARY 31, 2021.—In the case of any individual 

22 who, as of the date specified in paragraph (1)(B), 

23 has not yet exhausted all rights to regular com24 pensation under the State law of a State with re25 spect to a benefit year that began before such date, 


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1 Federal Pandemic Unemployment Compensation 

2 shall continue to be payable to such individual for 

3 any week beginning on or after such date for which 

4 the individual is otherwise eligible for regular com5 pensation with respect to such benefit year. 

6 ‘‘(3) TERMINATION.—Notwithstanding any 

7 other provision of this subsection, no Federal Pan8 demic Unemployment Compensation shall be payable 

9 for any week beginning after March 31, 2021.’’. 

10 (b) LIMITATION ON APPLICATION OF TRANSITION

11 RULE.—Section 2104(g) of such Act is amended by in12 serting ‘‘(except for subsection (e)(2))’’ after ‘‘the pre13 ceding provisions of this section’’. 

14 (c) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY15 MENT COMPENSATION FOR CERTAIN PURPOSES.—Section 

16 2104(h) of such Act is amended to read as follows: 

17 ‘‘(h) DISREGARD OF FEDERAL PANDEMIC UNEM18 PLOYMENT COMPENSATION FOR PURPOSES OF ALL FED19 ERAL AND FEDERALLY ASSISTED PROGRAMS.—A Federal 

20 Pandemic Unemployment Compensation payment shall 

21 not be regarded as income and shall not be regarded as 

22 a resource for the month of receipt and the following 9 

23 months, for purposes of determining the eligibility of the 

24 recipient (or the recipient’s spouse or family) for benefits 

25 or assistance, or the amount or extent of benefits or assistVerDate Sep 11 2014 00:24 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4771.IS S4771

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1 ance, under any Federal program or under any State or 

2 local program financed in whole or in part with Federal 

3 funds.’’. 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect as if included in the enact6 ment of the CARES Act (Public Law 116–136). 

7 SEC. 102. EXTENSION OF PANDEMIC UNEMPLOYMENT AS8 SISTANCE. 

9 Section 2102(c) of the CARES Act (15 U.S.C. 

10 9021(c)) is amended by striking ‘‘December 31, 2020’’ 

11 and inserting ‘‘January 31, 2021’’. 

12 SEC. 103. EXTENSION OF PANDEMIC EMERGENCY UNEM13 PLOYMENT COMPENSATION. 

14 Section 2107(g)(2) of the CARES Act (15 U.S.C. 

15 9025(g)(2)) is amended by striking ‘‘December 31, 2020’’ 

16 and inserting ‘‘January 31, 2021’’. 

17 SEC. 104. EXTENSION OF TEMPORARY FINANCING OF 

18 SHORT-TIME COMPENSATION PAYMENTS IN 

19 STATES WITH PROGRAMS IN LAW. 

20 Section 2108(b)(2) of the CARES Act (15 U.S.C. 

21 9026(b)(2)) is amended by striking ‘‘December 31, 2020’’ 

22 and inserting ‘‘January 31, 2021’’. 


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1 SEC. 105. EXTENSION OF TEMPORARY FINANCING OF 

2 SHORT-TIME COMPENSATION AGREEMENTS. 

3 Section 2109(d)(2) of the CARES Act (15 U.S.C. 

4 9027(d)(2)) is amended by striking ‘‘December 31, 2020’’ 

5 and inserting ‘‘January 31, 2021’’. 

6 SEC. 106. EXTENSION OF FULL FEDERAL FUNDING OF THE 

7 FIRST WEEK OF COMPENSABLE REGULAR 

8 UNEMPLOYMENT FOR STATES WITH NO WAIT9 ING WEEK. 

10 Section 2105(e)(2) of the CARES Act (15 U.S.C. 

11 9024(e)(2)) is amended by striking ‘‘December 31, 2020’’ 

12 and inserting ‘‘January 31, 2021’’. 

13 TITLE II—ADDITIONAL WEEKS 

14 OF BENEFIT ELIGIBILITY 

15 SEC. 201. ADDITIONAL WEEKS. 

16 Subtitle A of title II of division A of the CARES Act 

17 (15 U.S.C. 9021 et seq.) is amended by inserting after 

18 section 2107 the following: 

19 ‘‘SEC. 2107A. PANDEMIC EMERGENCY UNEMPLOYMENT EX20 TENSION COMPENSATION. 

21 ‘‘(a) FEDERAL-STATE AGREEMENTS.— 

22 ‘‘(1) IN GENERAL.—Any State which desires to 

23 do so may enter into and participate in an agree24 ment under this section with the Secretary of Labor 

25 (in this section referred to as the ‘Secretary’). Any 

26 State which is a party to an agreement under this 


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1 section may, upon providing 30 days’ written notice 

2 to the Secretary, terminate such agreement. 

3 ‘‘(2) PROVISIONS OF AGREEMENT.—Any agree4 ment under paragraph (1) shall provide that the 

5 State agency of the State will make payments (in 

6 this section referred to as ‘pandemic emergency un7 employment extension compensation’) to individuals 

8 who— 

9 ‘‘(A) have exhausted all rights to regular 

10 compensation, extended compensation, pan11 demic unemployment assistance under section 

12 2102, and pandemic emergency unemployment 

13 compensation under section 2107; 

14 ‘‘(B) have no rights to any benefit speci15 fied in subparagraph (A) or to compensation 

16 under any other Federal law or under the un17 employment compensation law of Canada; and 

18 ‘‘(C) are able to work, available to work, 

19 and actively seeking work. 

20 ‘‘(3) EXHAUSTION OF BENEFITS.—For pur21 poses of paragraph (2)(A), an individual shall be 

22 deemed to have exhausted such individual’s rights to 

23 benefits specified in subparagraph (A) when— 

24 ‘‘(A) no payments of such benefits can be 

25 made because such individual has received all 


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1 such benefits available to such individual based 

2 on employment or wages during such individ3 ual’s base period; or 

4 ‘‘(B) such individual’s rights to such bene5 fits have been terminated by reason of the expi6 ration of the benefit year with respect to which 

7 such rights existed. 

8 ‘‘(4) WEEKLY BENEFIT AMOUNT, ETC.—For 

9 purposes of any agreement under this section— 

10 ‘‘(A) the amount of pandemic emergency 

11 unemployment extension compensation which 

12 shall be payable to any individual for any week 

13 of total unemployment shall be equal to— 

14 ‘‘(i) the amount of the base compensa15 tion (including any dependents’ allowances) 

16 payable to such individual during such in17 dividual’s benefit year under the State law 

18 for a week of total unemployment; and 

19 ‘‘(ii) the amount of Federal Pandemic 

20 Unemployment Compensation under sec21 tion 2104; 

22 ‘‘(B) the terms and conditions of the State 

23 law which apply to claims for regular compensa24 tion and to the payment thereof (including 

25 terms and conditions relating to availability for 


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1 work, active search for work, and refusal to ac2 cept work) shall apply to claims for pandemic 

3 emergency unemployment extension compensa4 tion and the payment thereof, except where oth5 erwise inconsistent with the provisions of this 

6 section or with the regulations or operating in7 structions of the Secretary promulgated to 

8 carry out this section; 

9 ‘‘(C) the maximum amount of pandemic 

10 emergency unemployment extension compensa11 tion payable to any individual for whom a pan12 demic emergency unemployment extension com13 pensation account is established under sub14 section (b) shall not exceed the amount estab15 lished in such account for such individual; and 

16 ‘‘(D) the allowable methods of payment 

17 under section 2104(b)(2) shall apply to pay18 ments of amounts described in subparagraph 

19 (A)(ii). 

20 ‘‘(5) NONREDUCTION RULE.— 

21 ‘‘(A) IN GENERAL.—An agreement under 

22 this section shall not apply (or shall cease to 

23 apply) with respect to a State upon a deter24 mination by the Secretary that the method gov25 erning the computation of regular compensation 


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1 under the State law of that State has been 

2 modified in a manner such that the number of 

3 weeks (the maximum benefit entitlement), or 

4 the average weekly benefit amount, of regular 

5 compensation which will be payable during the 

6 period of the agreement will be less than the 

7 number of weeks, or the average weekly benefit 

8 amount, of the average weekly benefit amount 

9 of regular compensation which would otherwise 

10 have been payable during such period under the 

11 State law, as in effect on January 1, 2020. 

12 ‘‘(B) MAXIMUM BENEFIT ENTITLEMENT.— 

13 In subparagraph (A), the term ‘maximum ben14 efit entitlement’ means the amount of regular 

15 compensation payable to an individual with re16 spect to the individual’s benefit year. 

17 ‘‘(6) ACTIVELY SEEKING WORK.— 

18 ‘‘(A) IN GENERAL.—For purposes of para19 graph (2)(C), the term ‘actively seeking work’ 

20 means, with respect to any individual, that such 

21 individual— 

22 ‘‘(i) is registered for employment serv23 ices in such a manner and to such extent 

24 as prescribed by the State agency; 


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1 ‘‘(ii) has engaged in an active search 

2 for employment that is appropriate in light 

3 of the employment available in the labor 

4 market, the individual’s skills and capabili5 ties, and includes a number of employer 

6 contacts that is consistent with the stand7 ards communicated to the individual by the 

8 State; 

9 ‘‘(iii) has maintained a record of such 

10 work search, including employers con11 tacted, method of contact, and date con12 tacted; and 

13 ‘‘(iv) when requested, has provided 

14 such work search record to the State agen15 cy. 

16 ‘‘(B) FLEXIBILITY.—Notwithstanding the 

17 requirements under subparagraph (A) and 

18 paragraph (2)(C), a State shall provide flexi19 bility in meeting such requirements in case of 

20 individuals unable to search for work because of 

21 COVID–19, including because of illness, quar22 antine, or movement restriction. 

23 ‘‘(b) PANDEMIC EMERGENCY UNEMPLOYMENT COM24 PENSATION ACCOUNT.— 


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1 ‘‘(1) IN GENERAL.—Any agreement under this 

2 section shall provide that the State will establish, for 

3 each eligible individual who files an application for 

4 pandemic emergency unemployment extension com5 pensation, a pandemic emergency unemployment ex6 tension compensation account with respect to such 

7 individual’s benefit year. 

8 ‘‘(2) AMOUNT IN ACCOUNT.—The amount es9 tablished in an account under subsection (a) shall be 

10 equal to 13 times the individual’s average weekly 

11 benefit amount, which includes the amount of Fed12 eral Pandemic Unemployment Compensation under 

13 section 2104, for the benefit year. 

14 ‘‘(3) WEEKLY BENEFIT AMOUNT.—For pur15 poses of this subsection, an individual’s weekly ben16 efit amount for any week is the amount of base com17 pensation (including any dependents’ allowances) 

18 under the State law payable to such individual for 

19 such week for total unemployment plus the amount 

20 of Federal Pandemic Unemployment Compensation 

21 under section 2104. 

22 ‘‘(c) PAYMENTS TO STATES HAVING AGREEMENTS

23 FOR THE PAYMENT OF PANDEMIC EMERGENCY UNEM24 PLOYMENT EXTENSION COMPENSATION.— 


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1 ‘‘(1) IN GENERAL.—There shall be paid to each 

2 State that has entered into an agreement under this 

3 section an amount equal to 100 percent of the pan4 demic emergency unemployment extension com5 pensation paid to individuals by the State pursuant 

6 to such agreement. 

7 ‘‘(2) TREATMENT OF REIMBURSABLE COM8 PENSATION.—No payment shall be made to any 

9 State under this section in respect of any compensa10 tion to the extent the State is entitled to reimburse11 ment in respect of such compensation under the pro12 visions of any Federal law other than this section or 

13 chapter 85 of title 5, United States Code. A State 

14 shall not be entitled to any reimbursement under 

15 such chapter 85 in respect of any compensation to 

16 the extent the State is entitled to reimbursement 

17 under this section in respect of such compensation. 

18 ‘‘(3) DETERMINATION OF AMOUNT.—Sums pay19 able to any State by reason of such State having an 

20 agreement under this section shall be payable, either 

21 in advance or by way of reimbursement (as may be 

22 determined by the Secretary), in such amounts as 

23 the Secretary estimates the State will be entitled to 

24 receive under this section for each calendar month, 

25 reduced or increased, as the case may be, by any 


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1 amount by which the Secretary finds that the Sec2 retary’s estimates for any prior calendar month were 

3 greater or less than the amounts which should have 

4 been paid to the State. Such estimates may be made 

5 on the basis of such statistical, sampling, or other 

6 method as may be agreed upon by the Secretary and 

7 the State agency of the State involved. 

8 ‘‘(d) FINANCING PROVISIONS.— 

9 ‘‘(1) COMPENSATION.— 

10 ‘‘(A) IN GENERAL.—Funds in the extended 

11 unemployment compensation account (as estab12 lished by section 905(a) of the Social Security 

13 Act (42 U.S.C. 1105(a))) of the Unemployment 

14 Trust Fund (as established by section 904(a) of 

15 such Act (42 U.S.C. 1104(a))) shall be used for 

16 the making of payments to States having agree17 ments entered into under this section. 

18 ‘‘(B) TRANSFER OF FUNDS.—Notwith19 standing any other provision of law, the Sec20 retary of the Treasury shall transfer from the 

21 general fund of the Treasury (from funds not 

22 otherwise appropriated) to the extended unem23 ployment compensation account such sums as 

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1 graph (A). There are appropriated from the 

2 general fund of the Treasury, without fiscal 

3 year limitation, the sums referred to in the pre4 ceding sentence and such sums shall not be re5 quired to be repaid. 

6 ‘‘(2) ADMINISTRATION.— 

7 ‘‘(A) IN GENERAL.—There are appro8 priated out of the employment security adminis9 tration account (as established by section 

10 901(a) of the Social Security Act (42 U.S.C. 

11 1101(a))) of the Unemployment Trust Fund, 

12 without fiscal year limitation, such funds as 

13 may be necessary for purposes of assisting 

14 States (as provided in title III of the Social Se15 curity Act (42 U.S.C. 501 et seq.)) in meeting 

16 the costs of administration of agreements under 

17 this section. 

18 ‘‘(B) TRANSFER OF FUNDS.—Notwith19 standing any other provision of law, the Sec20 retary of the Treasury shall transfer from the 

21 general fund of the Treasury (from funds not 

22 otherwise appropriated) to the employment se23 curity administration account such sums as the 

24 Secretary of Labor estimates to be necessary to 

25 make payments described in subparagraph (A). 


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1 There are appropriated from the general fund 

2 of the Treasury, without fiscal year limitation, 

3 the sums referred to in the preceding sentence 

4 and such sums shall not be required to be re5 paid. 

6 ‘‘(3) CERTIFICATION.—The Secretary shall 

7 from time to time certify to the Secretary of the 

8 Treasury for payment to each State the sums pay9 able to such State under this subsection. The Sec10 retary of the Treasury, prior to audit or settlement 

11 by the Government Accountability Office, shall make 

12 payments to the State in accordance with such cer13 tification, by transfers from the extended unemploy14 ment compensation account (as so established) to 

15 the account of such State in the Unemployment 

16 Trust Fund (as so established). 

17 ‘‘(e) FRAUD AND OVERPAYMENTS.— 

18 ‘‘(1) IN GENERAL.—If an individual knowingly 

19 has made, or caused to be made by another, a false 

20 statement or representation of a material fact, or 

21 knowingly has failed, or caused another to fail, to 

22 disclose a material fact, and as a result of such false 

23 statement or representation or of such nondisclosure 

24 such individual has received an amount of pandemic 

25 emergency unemployment extension compensation 


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1 under this section to which such individual was not 

2 entitled, such individual— 

3 ‘‘(A) shall be ineligible for further pan4 demic emergency unemployment extension com5 pensation under this section in accordance with 

6 the provisions of the applicable State unemploy7 ment compensation law relating to fraud in con8 nection with a claim for unemployment com9 pensation; and 

10 ‘‘(B) shall be subject to prosecution under 

11 section 1001 of title 18, United States Code. 

12 ‘‘(2) REPAYMENT.—In the case of individuals 

13 who have received amounts of pandemic emergency 

14 unemployment extension compensation under this 

15 section to which they were not entitled, the State 

16 shall require such individuals to repay the amounts 

17 of such pandemic emergency unemployment exten18 sion compensation to the State agency, except that 

19 the State agency may waive such repayment if it de20 termines that— 

21 ‘‘(A) the payment of such pandemic emer22 gency unemployment extension compensation 

23 was without fault on the part of any such indi24 vidual; and 


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1 ‘‘(B) such repayment would be contrary to 

2 equity and good conscience. 

3 ‘‘(3) RECOVERY BY STATE AGENCY.— 

4 ‘‘(A) IN GENERAL.—The State agency 

5 shall recover the amount to be repaid, or any 

6 part thereof, by deductions from any pandemic 

7 emergency unemployment extension compensa8 tion payable to such individual under this sec9 tion or from any unemployment compensation 

10 payable to such individual under any State or 

11 Federal unemployment compensation law ad12 ministered by the State agency or under any 

13 other State or Federal law administered by the 

14 State agency which provides for the payment of 

15 any assistance or allowance with respect to any 

16 week of unemployment, during the 3-year pe17 riod after the date such individuals received the 

18 payment of the pandemic emergency unemploy19 ment extension compensation to which they 

20 were not entitled, in accordance with the same 

21 procedures as apply to the recovery of overpay22 ments of regular unemployment benefits paid 

23 by the State. 

24 ‘‘(B) OPPORTUNITY FOR HEARING.—No 

25 repayment shall be required, and no deduction 


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1 shall be made, until a determination has been 

2 made, notice thereof and an opportunity for a 

3 fair hearing has been given to the individual, 

4 and the determination has become final. 

5 ‘‘(4) REVIEW.—Any determination by a State 

6 agency under this section shall be subject to review 

7 in the same manner and to the same extent as deter8 minations under the State unemployment compensa9 tion law, and only in that manner and to that ex10 tent. 

11 ‘‘(f) DEFINITIONS.—In this section— 

12 ‘‘(1) the terms ‘compensation’, ‘regular com13 pensation’, ‘extended compensation’, ‘benefit year’, 

14 ‘base period’, ‘State’, ‘State agency’, ‘State law’, and 

15 ‘week’ have the respective meanings given such 

16 terms under section 205 of the Federal-State Ex17 tended Unemployment Compensation Act of 1970 

18 (26 U.S.C. 3304 note); and 

19 ‘‘(2) the term ‘base compensation’ means, as 

20 applicable— 

21 ‘‘(A) regular compensation; or 

22 ‘‘(B) pandemic unemployment assistance 

23 under section 2102. 

24 ‘‘(g) APPLICABILITY.—An agreement entered into 

25 under this section shall apply to weeks of unemployment— 


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1 ‘‘(1) beginning after the date on which such 

2 agreement is entered into; and 

3 ‘‘(2) ending on or before January 31, 2021.’’. 

4 TITLE III—CLARIFICATIONS AND 

5 IMPROVEMENTS TO PAN6 DEMIC UNEMPLOYMENT AS7 SISTANCE 

8 SEC. 301. CLARIFICATION OF PANDEMIC UNEMPLOYMENT 

9 ASSISTANCE ELIGIBILITY FOR PRIMARY 

10 CAREGIVING. 

11 (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I)(dd) 

12 of the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(dd)) 

13 is amended by striking ‘‘that is closed as a direct result 

14 of the COVID–19 public health emergency’’ and inserting 

15 ‘‘because the school or facility is closed or only partially 

16 reopened due to COVID–19, because child or family care 

17 is not available or affordable during the hours work is 

18 available due to COVID–19, or because physical attend19 ance at the school or facility presents an unacceptable 

20 health risk for the household or the individual in need of 

21 care due to COVID–19,’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall take effect upon the date of the enact24 ment of this Act. 


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1 SEC. 302. WAIVER AUTHORITY FOR CERTAIN OVERPAY2 MENTS OF PANDEMIC UNEMPLOYMENT AS3 SISTANCE. 

4 (a) IN GENERAL.—Section 2102(d) of the CARES 

5 Act (15 U.S.C. 9021(d)) is amended by adding at the end 

6 the following: 

7 ‘‘(4) WAIVER AUTHORITY.—In the case of indi8 viduals who have received amounts of Pandemic Un9 employment Assistance to which they were not enti10 tled, the State shall require such individuals to repay 

11 the amounts of such Pandemic Unemployment As12 sistance to the State agency, except that the State 

13 agency shall waive such repayment if it determines 

14 that— 

15 ‘‘(A) the payment of such Pandemic Un16 employment Assistance was without fault on the 

17 part of any such individual; and 

18 ‘‘(B) such repayment would be contrary to 

19 equity and good conscience.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect as if included in the enact22 ment of the CARES Act (Public Law 116–136). 


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1 SEC. 303. CLARIFICATION OF ACCESS TO PANDEMIC UNEM2 PLOYMENT ASSISTANCE FOR WORKERS AT 

3 BUSINESSES THAT REDUCED STAFF DUE TO 

4 THE PANDEMIC. 

5 (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I)(jj) of 

6 the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(jj)) is 

7 amended by inserting ‘‘or its operations are otherwise cur8 tailed, including by reducing hours of operation, staffing 

9 levels, occupancy, or other changes that are recommended 

10 or required,’’ after ‘‘closed’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall apply with respect to weeks of unem13 ployment beginning after the date of the enactment of this 

14 Act. 

15 SEC. 304. HOLD HARMLESS FOR PANDEMIC UNEMPLOY16 MENT ASSISTANCE. 

17 (a) IN GENERAL.—Section 2102(c) of the CARES 

18 Act (15 U.S.C. 9021(c)) is amended by adding at the end 

19 the following: 

20 ‘‘(4) CONTINUED ELIGIBILITY FOR ASSIST21 ANCE.—As a condition of continued eligibility for as22 sistance under this section, a covered individual shall 

23 submit a recertification to the State for each week 

24 after the individual’s 1st week of eligibility that cer25 tifies that the individual remains an individual de26 scribed in subsection (a)(3)(A)(ii) for such week.’’. 


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1 (b) EFFECTIVE DATE; SPECIAL RULE.— 

2 (1) IN GENERAL.—The amendment made by 

3 subsection (a) shall apply with respect to weeks be4 ginning on or after the date that is 30 days after 

5 the date of enactment of this section. 

6 (2) SPECIAL RULE.—In the case of any State 

7 that made a good faith effort to implement section 

8 2102 of the CARES Act in accordance with rules 

9 similar to those provided in section 625.6 of title 20, 

10 Code of Federal Regulations, for weeks ending be11 fore the effective date specified in paragraph (1), an 

12 individual who received Pandemic Unemployment 

13 Assistance from such State for any such week shall 

14 not be considered ineligible for such assistance for 

15 such week solely by reason of failure to submit a re16 certification described in subsection (c)(4) of such 

17 section. 

18 TITLE IV—EXTENSION OF RE19 LIEF TO STATES AND EM20 PLOYERS 

21 SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EX22 TENDED UNEMPLOYMENT COMPENSATION. 

23 Section 4105 of the Families First Coronavirus Re24 sponse Act (26 U.S.C. 3304 note) is amended by striking 


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1 ‘‘December 31, 2020’’ each place it appears and inserting 

2 ‘‘June 30, 2021’’. 

3 SEC. 402. EXTENSION OF TEMPORARY ASSISTANCE FOR 

4 STATES WITH ADVANCES. 

5 Section 1202(b)(10)(A) of the Social Security Act 

6 (42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘De7 cember 31, 2020’’ and inserting ‘‘June 30, 2021’’. 

8 SEC. 403. EXTENSION OF EMERGENCY RELIEF FOR GOV9 ERNMENTAL ENTITIES AND NONPROFIT OR10 GANIZATIONS. 

11 Section 903(i)(1)(D) of the Social Security Act (42 

12 U.S.C. 1103(i)(1)(D)) is amended by striking ‘‘December 

13 31, 2020’’ and inserting ‘‘June 30, 2021’’. 

14 TITLE V—CORRECTIVE ACTION 

15 FOR PROCESSING BACKLOGS 

16 SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS. 

17 (a) IN GENERAL.—Section 2104 of the CARES Act 

18 (15 U.S.C. 9023) is amended by adding at the end the 

19 following: 

20 ‘‘(j) STATE ACCOUNTABILITY RELATING TO CLAIMS

21 BACKLOGS.—As a condition of any agreement under this 

22 section, the following rules shall apply: 

23 ‘‘(1) CLAIMS REPORTING.— 

24 ‘‘(A) IN GENERAL.—Each State partici25 pating in such an agreement shall submit to the 


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1 Secretary of Labor on a weekly basis a report 

2 on the status in the State of any backlog of the 

3 processing of unemployment claims, including 

4 claims for regular compensation, extended com5 pensation, Pandemic Unemployment Assistance, 

6 and Pandemic Emergency Unemployment Com7 pensation. Such report shall include a descrip8 tion, with respect to the previous week, of each 

9 of the following: 

10 ‘‘(i) The number of initial claims still 

11 in process, disaggregated by the number of 

12 such claims still pending— 

13 ‘‘(I) because of nonmonetary de14 terminations; 

15 ‘‘(II) because of monetary deter16 minations; 

17 ‘‘(III) because of suspected 

18 fraud; and 

19 ‘‘(IV) for any other reason. 

20 ‘‘(ii) The number of initial claims de21 nied. 

22 ‘‘(iii) The number of individuals with 

23 respect to whom a continued claim was 

24 paid. 


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1 ‘‘(iv) The number of individuals with 

2 respect to whom a continued claim is still 

3 in process, disaggregated by the number of 

4 such claims still pending— 

5 ‘‘(I) because of nonmonetary de6 terminations; 

7 ‘‘(II) because of monetary deter8 minations; 

9 ‘‘(III) because of suspected 

10 fraud; and 

11 ‘‘(IV) for any other reason. 

12 ‘‘(v) The number of individuals with 

13 respect to whom a continued claims was 

14 denied. 

15 ‘‘(B) REPORT TO CONGRESS.—Upon re16 ceipt of a report described in subparagraph (A), 

17 the Secretary of Labor shall publish such report 

18 on the website of the Department of Labor and 

19 shall submit such report to the Committee on 

20 Ways and Means of the House of Representa21 tives and the Committee on Finance of the Sen22 ate. 

23 ‘‘(2) CORRECTIVE ACTION PLANS.— 

24 ‘‘(A) IN GENERAL.—Not later than 90 

25 days after the date of enactment of this subVerDate Sep 11 2014 00:24 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4771.IS S4771

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1 section and at least every 90 days thereafter, 

2 each State participating in such an agreement 

3 shall submit to the Secretary of Labor a correc4 tive action plan that includes a description of 

5 the actions the State has taken and intends to 

6 take to address any backlog of the processing of 

7 unemployment claims described in paragraph 

8 (1)(A). The Secretary may waive the require9 ment under this subparagraph with respect to 

10 any State that the Secretary determines has 

11 made adequate progress in addressing any such 

12 backlog. 

13 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec14 retary of Labor shall make technical assistance 

15 available to States to the extent feasible to en16 able States to develop and implement corrective 

17 action plans in accordance with this paragraph. 

18 If the Secretary of Labor determines at any 

19 time that a State has failed to take reasonable 

20 actions under a corrective action plan to ad21 dress a claims backlog, the State shall collabo22 rate with the Secretary to develop a subsequent 

23 corrective action plan to achieve clearly defined, 

24 targeted outcomes. 


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1 ‘‘(C) REPORT TO CONGRESS.—Upon re2 ceipt of a corrective action plan described in 

3 subparagraph (A), the Secretary of Labor shall 

4 publish such plan on the website of the Depart5 ment of Labor and shall submit such report to 

6 the Committee on Ways and Means of the 

7 House of Representatives and the Committee 

8 on Finance of the Senate.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall apply with respect to weeks beginning 

11 after the date of enactment of this Act. 

12 TITLE VI—ADDITIONAL 

13 BENEFITS FOR MIXED EARNERS 

14 SEC. 601. MIXED EARNER UNEMPLOYMENT COMPENSA15 TION. 

16 (a) IN GENERAL.—Section 2104(b)(1) of the CARES 

17 Act (15 U.S.C. 9023(b)(1)) is amended— 

18 (1) in subparagraph (B), by striking the period 

19 at the end and inserting ‘‘, plus’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(C) an additional amount of $125 (in this 

22 section referred to as ‘Mixed Earner Unemploy23 ment Compensation’) in any case in which the 

24 individual received at least $5,000 of self-em25 ployment income (as defined in section 1402(b) 


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1 of the Internal Revenue Code of 1986) in the 

2 most recent taxable year ending prior to the in3 dividual’s application for regular compensa4 tion.’’. 

5 (b) CONFORMING AMENDMENTS.—Section 2104 of 

6 such Act is amended— 

7 (1) by inserting ‘‘or Mixed Earner Unemploy8 ment Compensation’’ after ‘‘Federal Pandemic Un9 employment Compensation’’ each place such term 

10 appears in subsection (b)(2), (c), or (f) of such sec11 tion; 

12 (2) in subsection (d), by inserting ‘‘and Mixed 

13 Earner Unemployment Compensation’’ after ‘‘Fed14 eral Pandemic Unemployment Compensation’’; and 

15 (3) in subsection (g), by striking ‘‘provide that’’ 

16 and all that follows through the end and inserting 

17 ‘‘provide that— 

18 ‘‘(1) the purposes of the preceding provisions of 

19 this section, as such provisions apply with respect to 

20 Federal Pandemic Unemployment Compensation, 

21 shall be applied with respect to unemployment bene22 fits described in subsection (i)(2) to the same extent 

23 and in the same manner as if those benefits were 

24 regular compensation; and 


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1 ‘‘(2) the purposes of the preceding provisions of 

2 this section, as such provisions apply with respect to 

3 Mixed Earner Unemployment Compensation, shall 

4 be applied with respect to unemployment benefits 

5 described in subparagraph (B) or (D) of subsection 

6 (i)(2) to the same extent and in the same manner 

7 as if those benefits were regular compensation.’’. 

8 (c) APPLICABILITY.—The amendments made by this 

9 section shall not apply with respect to a State partici10 pating in an agreement under section 2104 of the CARES 

11 Act unless the State so elects, in which case such amend12 ments shall apply with respect to weeks of unemployment 

13 beginning on or after the later of the date of such election 

14 or the date of enactment of this section. 

15 TITLE VII—TECHNICAL 

16 CORRECTIONS 

17 SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT18 TIME COMPENSATION PROGRAMS. 

19 Section 2108(c) of the CARES Act (15 U.S.C. 

20 9026(c)) is amended by striking ‘‘shall be eligible’’ and 

21 all that follows through the end and inserting the fol22 lowing: ‘‘ 

23 ‘‘shall be eligible— 


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1 ‘‘(1) for payments under subsection (a) for 

2 weeks of unemployment beginning after the effective 

3 date of such enactment; and 

4 ‘‘(2) for an additional payment equal to the 

5 total amount of payments for which the State is eli6 gible pursuant to an agreement under section 2109 

7 for weeks of unemployment before such effective 

8 date.’’. 

9 SEC. 702. TECHNICAL CORRECTION FOR THE COMMON10 WEALTH OF NORTHERN MARIANA ISLANDS. 

11 A Commonwealth Only Transitional Worker (as de12 fined in section 6(i)(2) of the Joint Resolution entitled ‘‘A 

13 Joint Resolution to approve the ‘Covenant To Establish 

14 a Commonwealth of the Northern Mariana Islands in Po15 litical Union with the United States of America’, and for 

16 other purposes’’ (48 U.S.C. 1806)) shall be considered a 

17 qualified alien under section 431 of Public Law 104–193 

18 (8 U.S.C. 1641) for purposes of eligibility for a benefit 

19 under section 2102 or 2104 of the CARES Act. 

20 SEC. 703. TECHNICAL AMENDMENT RELATING TO PAN21 DEMIC UNEMPLOYMENT ASSISTANCE. 

22 Section 2102(h) of the CARES Act (15 U.S.C. 

23 9021(h)) is amended by striking ‘‘section 625’’ each place 

24 it appears and inserting ‘‘part 625’’. 

Æ 


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