II 

116TH CONGRESS 

2D SESSION S. 4935 

To provide continued assistance to unemployed workers. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2020 

Mr. WYDEN (for himself, Mr. SCHUMER, Mr. BENNET, Mr. BROWN, and Mr. 

REED) 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 ‘‘American Worker Holiday Relief Act of 2020’’. 

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

7 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 and expansion of the pandemic emergency unemployment 

compensation program. 


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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—TAX WITHHOLDING OPTION FOR UNEMPLOYMENT 

BENEFITS 

Sec. 201. Application of FUTA requirement to permit individuals to request 

that Federal income tax be withheld. 

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. 

Sec. 305. Clarification of access to Pandemic Unemployment Assistance for 

workers with unsafe workplaces. 

Sec. 306. Clarification of access to Pandemic Unemployment Assistance for 

workers who are self-quarantining in accordance with CDC 

guidelines. 

Sec. 307. Clarification of access to Pandemic Unemployment Assistance for 

workers who had to reduce or suspend customary work activities. 

Sec. 308. Clarification of continued access to Pandemic Unemployment Assistance. 

Sec. 309. State flexibility in establishing income. 

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—PANDEMIC UNEMPLOYMENT ASSISTANCE FOR MIXED 

EARNERS 

Sec. 601. Coverage of mixed-income individuals. 

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. 


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Sec. 703. Technical amendment relating to Pandemic Unemployment Assistance. 

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 division A of 

7 the CARES Act (15 U.S.C. 9023(e)) is amended to read 

8 as follows: 

9 ‘‘(e) APPLICABILITY.— 

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

11 under this section shall apply— 

12 ‘‘(A) to weeks of unemployment beginning 

13 after the date on which such agreement is en14 tered into and ending on or before July 31, 

15 2020; and 

16 ‘‘(B) to weeks of unemployment beginning 

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

18 on which such agreement is entered into), and 

19 ending on or before October 4, 2021. 

20 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE21 MAINING ENTITLED TO REGULAR COMPENSATION AS

22 OF OCTOBER 4, 2021.—In the case of any individual 

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

24 has not yet exhausted all rights to regular comVerDate Sep 11 2014 00:32 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4935.IS S4935

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1 pensation under the State law of a State with re2 spect to a benefit year that began before such date, 

3 Federal Pandemic Unemployment Compensation 

4 shall continue to be payable to such individual for 

5 any week beginning on or after such date for which 

6 the individual is otherwise eligible for regular com7 pensation with respect to such benefit year. 

8 ‘‘(3) TERMINATION.—Notwithstanding any 

9 other provision of this subsection, no Federal Pan10 demic Unemployment Compensation shall be payable 

11 for any week beginning after January 3, 2022.’’. 

12 (b) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY13 MENT COMPENSATION FOR CERTAIN PURPOSES.—Section 

14 2104(h) of division A of the CARES Act (15 U.S.C. 

15 9023(h)) is amended to read as follows: 

16 ‘‘(h) DISREGARD OF FEDERAL PANDEMIC UNEM17 PLOYMENT COMPENSATION FOR PURPOSES OF ALL FED18 ERAL AND FEDERALLY ASSISTED PROGRAMS.—A Federal 

19 Pandemic Unemployment Compensation payment shall 

20 not be regarded as income and shall not be regarded as 

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

22 months, for purposes of determining the eligibility of the 

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

24 or assistance, or the amount or extent of benefits or assist25 ance, under any Federal program or under any State or 


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1 local program financed in whole or in part with Federal 

2 funds.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect as if included in the enact5 ment of the CARES Act (Public Law 116–136). 

6 SEC. 102. EXTENSION OF PANDEMIC UNEMPLOYMENT AS7 SISTANCE. 

8 (a) IN GENERAL.—Section 2102 of division A of the 

9 CARES Act (15 U.S.C. 9021) is amended— 

10 (1) in subsection (c)— 

11 (A) in paragraph (1)(A)(ii), by striking 

12 ‘‘December 31, 2020’’ and inserting ‘‘the appli13 cable end date described in section 2107(g)(2)’’; 

14 and 

15 (B) by amending paragraph (2) to read as 

16 follows: 

17 ‘‘(2) LIMITATION ON DURATION OF ASSIST18 ANCE.— 

19 ‘‘(A) IN GENERAL.—The total number of 

20 weeks for which a covered individual may re21 ceive assistance under this section shall not ex22 ceed 65 weeks and such total shall include any 

23 week for which the covered individual received 

24 regular compensation or extended benefits 

25 under any Federal or State law, or pandemic 


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1 emergency unemployment compensation under 

2 section 2107, except that if after March 27, 

3 2020, the extended benefit period or high un4 employment period is triggered under the Fed5 eral-State Extended Unemployment Compensa6 tion Act of 1970 (26 U.S.C. 3304 note) or an 

7 emergency benefit period is triggered under sec8 tion 2107, the 65-week period described in this 

9 paragraph shall be extended by— 

10 ‘‘(i) in the case of an extended benefit 

11 period or high unemployment period trig12 gered under the Federal-State Extended 

13 Unemployment Compensation Act of 1970, 

14 the number of weeks that is equal to the 

15 number of weeks of extended benefits 

16 available under such Act in the State in 

17 which the individual is filing; and 

18 ‘‘(ii) in the case of an emergency ben19 efit period triggered under section 2107, 

20 the number of weeks that is equal to the 

21 additional number of weeks (through aug22 mentation) available under paragraphs (4), 

23 (5), and (6) of section 2107(b) in the State 

24 in which the individual is filing. 


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1 ‘‘(B) EXTENSION OF ASSISTANCE.—For 

2 the purpose of an extension of the 65-week pe3 riod under subparagraph (A), the following 

4 rules shall apply: 

5 ‘‘(i) TRANSITION PERIOD.— Section 

6 2107(g)(3) shall apply to any extension of 

7 assistance under subparagraph (A). 

8 ‘‘(ii) ACCOUNTS AND

9 GRANDFATHERING.—In determining the 

10 number of weeks available for a covered in11 dividual under an extension described in 

12 subparagraph (A)(ii), the Secretary shall 

13 apply rules that are the same as the rules 

14 described in paragraphs (4), (5), and (6) 

15 of section 2107(b), including with respect 

16 to accounts and grandfathering.’’; and 

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

18 ‘‘(i) UNEMPLOYMENT RATE CALCULATION FOR CER19 TAIN TERRITORIES.—In the case of Guam, American 

20 Samoa, the Commonwealth of the Northern Mariana Is21 lands, the Federated States of Micronesia, the Republic 

22 of the Marshall Islands, and the Republic of Palau, the 

23 following rules shall apply: 

24 ‘‘(1) For the purposes of subsection 

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1 termine the total unemployment rate of the territory 

2 in a manner similar to the manner under section 

3 2107(g)(2). 

4 ‘‘(2) For the purpose of subsection (c)(2)(B) of 

5 this section, the Secretary shall determine the total 

6 unemployment rate of the territory in a manner 

7 similar to the manner under paragraphs (4), (5), 

8 and (6) of section 2107(b).’’. 

9 (b) HOLD HARMLESS FOR PROPER ADMINISTRA10 TION.—In the case of an individual who is eligible to re11 ceive pandemic unemployment assistance under section 

12 2102 of division A of the CARES Act (15 U.S.C. 9021) 

13 as of the day before the date of enactment of this Act 

14 and on the date of enactment of this Act becomes eligible 

15 for pandemic emergency unemployment compensation 

16 under section 2107 of division A of the CARES Act (15 

17 U.S.C. 9025) by reason of the amendments made by sec18 tion 103(b) of this Act, any payment of pandemic unem19 ployment assistance under section such 2102 made after 

20 the date of enactment of this Act to such individual during 

21 an appropriate period of time, as determined by the Sec22 retary of Labor, that should have been made under such 

23 section 2107 shall not be considered to be an overpayment 

24 of assistance under such section 2102. 


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1 SEC. 103. EXTENSION AND EXPANSION OF THE PANDEMIC 

2 EMERGENCY UNEMPLOYMENT COMPENSA3 TION PROGRAM. 

4 (a) EXTENSION.—Section 2107(g) of division A of 

5 the CARES Act (15 U.S.C. 9025(g)) is amended to read 

6 as follows: 

7 ‘‘(g) APPLICABILITY.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

9 and (3), an agreement entered into under this sec10 tion shall apply, with respect to a State, to weeks of 

11 unemployment— 

12 ‘‘(A) beginning after the date on which 

13 such agreement is entered into; and 

14 ‘‘(B) ending on or before the applicable 

15 end date described in paragraph (2). 

16 ‘‘(2) APPLICABLE END DATE.— 

17 ‘‘(A) IN GENERAL.—The applicable end 

18 date described in this paragraph with respect to 

19 a State is the first date (after the date the 

20 State entered into an agreement under this sec21 tion) that the State has not been in an emer22 gency benefit period described in subparagraph 

23 (B) for 13 consecutive weeks. 

24 ‘‘(B) EMERGENCY BENEFIT PERIOD.—For 

25 purposes of subparagraph (A), a State shall be 


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1 considered to be in an emergency benefit period, 

2 as of any given day, if— 

3 ‘‘(i) an extended benefit period would 

4 then be in effect for such State under the 

5 Federal-State Extended Unemployment 

6 Compensation Act of 1970 (26 U.S.C. 

7 3304 note) if— 

8 ‘‘(I) section 203(f) of such Act 

9 were applied to such State (regardless 

10 of whether the State by law had pro11 vided for such application); and 

12 ‘‘(II) such section 203(f)— 

13 ‘‘(aa) were applied by sub14 stituting ‘5.5’ for ‘6.5’ in para15 graph (1)(A)(i) thereof; and 

16 ‘‘(bb) did not include the re17 quirement under paragraph 

18 (1)(A)(ii) thereof; or 

19 ‘‘(ii) the average national unemploy20 ment rate (seasonally adjusted) for the pe21 riod consisting of the most recent 3 

22 months for which data for all States are 

23 published before such day equals or ex24 ceeds 5.5 percent. 


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1 ‘‘(3) TRANSITION FOR AMOUNT REMAINING IN

2 ACCOUNT.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), in the case of an individual who has 

5 amounts remaining in an account established 

6 under subsection (b) as of the last day of the 

7 last week (as determined in accordance with the 

8 applicable State law) ending on or before the 

9 applicable end date described in paragraph (2), 

10 pandemic emergency unemployment compensa11 tion shall continue to be payable to such indi12 vidual from such amounts for any week begin13 ning after such date for which the individual 

14 meets the eligibility requirements of this sec15 tion. 

16 ‘‘(B) LIMITATION.—No compensation shall 

17 be payable by reason of paragraph (1) for any 

18 week beginning after the date that is 13 weeks 

19 after the applicable end date described in para20 graph (2).’’. 

21 (b) EXPANSION.—Section 2107(b) of division A of 

22 the CARES Act (15 U.S.C. 9025(b)) is amended— 

23 (1) by striking paragraph (2) and redesignating 

24 paragraph (3) as paragraph (2); and 


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1 (2) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(3) FIRST-TIER PANDEMIC EMERGENCY UNEM4 PLOYMENT COMPENSATION.—The amount estab5 lished in an account under paragraph (1) shall be 

6 equal to 39 times the individual’s average weekly 

7 benefit amount, which includes the amount of Fed8 eral Pandemic Unemployment Compensation under 

9 section 2104, for the benefit year. 

10 ‘‘(4) SECOND-TIER PANDEMIC EMERGENCY UN11 EMPLOYMENT COMPENSATION.— 

12 ‘‘(A) IN GENERAL.—If, at the time that 

13 the amount added to an individual’s account 

14 under paragraph (3) (in this section referred to 

15 as ‘first-tier pandemic emergency unemploy16 ment compensation’) is exhausted, or at any 

17 time thereafter, such individual’s State is in a 

18 second-tier pandemic elevated benefit period (as 

19 determined under subparagraph (B)), such ac20 count shall be augmented by an amount (in this 

21 section referred to as ‘second-tier pandemic 

22 emergency unemployment compensation’) equal 

23 to 13 times the individual’s average weekly ben24 efit amount, which includes the amount of FedVerDate Sep 11 2014 00:32 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4935.IS S4935

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1 eral Pandemic Unemployment Compensation 

2 under section 2104, for the benefit year. 

3 ‘‘(B) SECOND-TIER PANDEMIC ELEVATED

4 BENEFIT PERIOD BENEFIT PERIOD.—For pur5 poses of subparagraph (A), a State shall be 

6 considered to be in a second-tier pandemic ele7 vated benefit period, as of any given time, if an 

8 extended benefit period would then be in effect 

9 for such State under the Federal-State Ex10 tended Unemployment Compensation Act of 

11 1970 (26 U.S.C. 3304 note) if— 

12 ‘‘(i) section 203(f) of such Act were 

13 applied to such State (regardless of wheth14 er the State by law had provided for such 

15 application); and 

16 ‘‘(ii) such section 203(f) did not in17 clude the requirement under paragraph 

18 (1)(A)(ii) thereof. 

19 ‘‘(C) LIMITATION.—The account of an in20 dividual may be augmented not more than once 

21 under this subsection. 

22 ‘‘(5) THIRD-TIER PANDEMIC EMERGENCY UN23 EMPLOYMENT COMPENSATION.— 

24 ‘‘(A) IN GENERAL.—If, at the time that 

25 the amount added to an individual’s account 


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1 under paragraph (4) is exhausted, or at any 

2 time thereafter, such individual’s State is in a 

3 third-tier pandemic elevated benefit period (as 

4 determined under subparagraph (B)), such ac5 count shall be augmented by an amount (in this 

6 section referred to as ‘third-tier pandemic emer7 gency unemployment compensation’) equal to 

8 13 times the individual’s average weekly benefit 

9 amount, which includes the amount of Federal 

10 Pandemic Unemployment Compensation under 

11 section 2104, for the benefit year. 

12 ‘‘(B) THIRD-TIER PANDEMIC ELEVATED

13 BENEFIT PERIOD.—For purposes of subpara14 graph (A), a State shall be considered to be in 

15 a third-tier pandemic elevated benefit period, as 

16 of any given time, if an extended benefit period 

17 would then be in effect for such State under the 

18 Federal-State Extended Unemployment Com19 pensation Act of 1970 (26 U.S.C. 3304 note) 

20 if— 

21 ‘‘(i) section 203(f) of such Act were 

22 applied to such State (regardless of wheth23 er the State by law had provided for such 

24 application); and 

25 ‘‘(ii) such section 203(f)— 


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1 ‘‘(I) were applied by substituting 

2 ‘7.5’ for ‘6.5’ in paragraph (1)(A)(i) 

3 thereof; and 

4 ‘‘(II) did not include the require5 ment under paragraph (1)(A)(ii) 

6 thereof. 

7 ‘‘(C) LIMITATION.—The account of an in8 dividual may be augmented not more than once 

9 under this subsection. 

10 ‘‘(6) FOURTH-TIER PANDEMIC EMERGENCY UN11 EMPLOYMENT COMPENSATION.— 

12 ‘‘(A) IN GENERAL.—If, at the time that 

13 the amount added to an individual’s account 

14 under paragraph (5) is exhausted, or at any 

15 time thereafter, such individual’s State is in a 

16 fourth-tier pandemic elevated benefit period (as 

17 determined under subparagraph (B)), such ac18 count shall be augmented by an amount (in this 

19 section referred to as ‘fourth-tier pandemic 

20 emergency unemployment compensation’) equal 

21 to 13 times the individual’s average weekly ben22 efit amount, which includes the amount of Fed23 eral Pandemic Unemployment Compensation 

24 under section 2104, for the benefit year. 


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1 ‘‘(B) FOURTH-TIER PANDEMIC ELEVATED

2 BENEFIT PERIOD.—For purposes of subpara3 graph (A), a State shall be considered to be in 

4 a fourth-tier pandemic elevated benefit period, 

5 as of any given time, if an extended benefit pe6 riod would then be in effect for such State 

7 under the Federal-State Extended Unemploy8 ment Compensation Act of 1970 (26 U.S.C. 

9 3304 note) if— 

10 ‘‘(i) section 203(f) of such Act were 

11 applied to such State (regardless of wheth12 er the State by law had provided for such 

13 application); and 

14 ‘‘(ii) such section 203(f)— 

15 ‘‘(I) were applied by substituting 

16 ‘8.5’ for ‘6.5’ in paragraph (1)(A)(i) 

17 thereof; and 

18 ‘‘(II) did not include the require19 ment under paragraph (1)(A)(ii) 

20 thereof. 

21 ‘‘(C) LIMITATION.—The account of an in22 dividual may be augmented not more than once 

23 under this subsection. 


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1 ‘‘(7) COORDINATION OF PANDEMIC EMERGENCY

2 UNEMPLOYMENT COMPENSATION WITH REGULAR

3 COMPENSATION.— 

4 ‘‘(A) IN GENERAL.—If— 

5 ‘‘(i) an individual has been determined 

6 to be entitled to pandemic emergency un7 employment compensation with respect to 

8 a benefit year; 

9 ‘‘(ii) that benefit year has expired; 

10 ‘‘(iii) that individual has remaining 

11 entitlement to pandemic emergency unem12 ployment compensation with respect to 

13 that benefit year; and 

14 ‘‘(iv) that individual would qualify for 

15 a new benefit year in which the weekly 

16 benefit amount of regular compensation is 

17 at least $25 less than the individual’s 

18 weekly benefit amount in the benefit year 

19 referred to in clause (i), 

20 then the State shall determine eligibility for 

21 compensation as provided in subparagraph (B). 

22 ‘‘(B) DETERMINATION OF ELIGIBILITY.— 

23 For individuals described in subparagraph (A), 

24 the State shall determine whether the individual 

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1 ment compensation or regular compensation for 

2 a week of unemployment using one of the fol3 lowing methods: 

4 ‘‘(i) The State shall, if permitted by 

5 State law, establish a new benefit year, but 

6 defer the payment of regular compensation 

7 with respect to that new benefit year until 

8 exhaustion of all pandemic emergency un9 employment compensation payable with re10 spect to the benefit year referred to in sub11 paragraph (A)(i). 

12 ‘‘(ii) The State shall, if permitted by 

13 State law, defer the establishment of a new 

14 benefit year (which uses all the wages and 

15 employment which would have been used to 

16 establish a benefit year but for the applica17 tion of this subparagraph), until exhaus18 tion of all pandemic emergency unemploy19 ment compensation payable with respect to 

20 the benefit year referred to in subpara21 graph (A)(i). 

22 ‘‘(iii) The State shall pay, if permitted 

23 by State law— 


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1 ‘‘(I) regular compensation equal 

2 to the weekly benefit amount estab3 lished under the new benefit year; and 

4 ‘‘(II) pandemic emergency unem5 ployment compensation equal to the 

6 difference between that weekly benefit 

7 amount and the weekly benefit 

8 amount for the expired benefit year. 

9 ‘‘(iv) The State shall determine rights 

10 to pandemic emergency unemployment 

11 compensation without regard to any rights 

12 to regular compensation if the individual 

13 elects to not file a claim for regular com14 pensation under the new benefit year.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply as if included in the enactment 

17 of the CARES Act (Public Law 116–136), except that no 

18 amount shall be payable by virtue of such amendments 

19 with respect to any week of unemployment commencing 

20 before the date of the enactment of this Act. 

21 SEC. 104. EXTENSION OF TEMPORARY FINANCING OF 

22 SHORT-TIME COMPENSATION PAYMENTS IN 

23 STATES WITH PROGRAMS IN LAW. 

24 Section 2108(b)(2) of division A of the CARES Act 

25 (15 U.S.C. 9026(b)(2)) is amended by striking ‘‘December 


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1 31, 2020’’ and inserting ‘‘the applicable end date de2 scribed in section 2107(g)(2)’’. 

3 SEC. 105. EXTENSION OF TEMPORARY FINANCING OF 

4 SHORT-TIME COMPENSATION AGREEMENTS. 

5 Section 2109(d)(2) of division A of the CARES Act 

6 (15 U.S.C. 9027(d)(2)) is amended by striking ‘‘December 

7 31, 2020’’ and inserting ‘‘the applicable end date de8 scribed in section 2107(g)(2)’’. 

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

10 FIRST WEEK OF COMPENSABLE REGULAR 

11 UNEMPLOYMENT FOR STATES WITH NO WAIT12 ING WEEK. 

13 Section 2105(e)(2) of division A of the CARES Act 

14 (15 U.S.C. 9024(e)(2)) is amended by striking ‘‘December 

15 31, 2020’’ and inserting ‘‘the applicable end date de16 scribed in section 2107(g)(2)’’. 

17 TITLE II—TAX WITHHOLDING 

18 OPTION FOR UNEMPLOY19 MENT BENEFITS 

20 SEC. 201. APPLICATION OF FUTA REQUIREMENT TO PER21 MIT INDIVIDUALS TO REQUEST THAT FED22 ERAL INCOME TAX BE WITHHELD. 

23 (a) PANDEMIC UNEMPLOYMENT ASSISTANCE.—Sec24 tion 2102(f) of division A of the CARES Act (15 U.S.C. 

25 9021(f)) is amended by adding at the end the following: 


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1 ‘‘(4) APPLICATION OF FUTA REQUIREMENT TO

2 PERMIT INDIVIDUALS TO REQUEST THAT FEDERAL

3 INCOME TAX BE WITHHELD.—Beginning 30 days 

4 after the date of enactment of this paragraph, any 

5 agreement under this subsection shall provide that 

6 the requirement under section 3304(a)(18) of the 

7 Internal Revenue Code of 1986 shall apply to assist8 ance payable under this section in the same manner 

9 as such requirement applies to unemployment com10 pensation payable under State law.’’. 

11 (b) FEDERAL PANDEMIC UNEMPLOYMENT COM12 PENSATION.—Section 2104(b) of division A of the CARES 

13 Act (15 U.S.C. 9023(b)) is amended by adding at the end 

14 the following new paragraph: 

15 ‘‘(3) APPLICATION OF FUTA REQUIREMENT TO

16 PERMIT INDIVIDUALS TO REQUEST THAT FEDERAL

17 INCOME TAX BE WITHHELD.—Beginning 30 days 

18 after the date of enactment of this paragraph, any 

19 agreement under this section shall provide that the 

20 requirement under section 3304(a)(18) of the Inter21 nal Revenue Code of 1986 shall apply to compensa22 tion payable under this section in the same manner 

23 as such requirement applies to unemployment com24 pensation payable under State law.’’. 


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1 (c) PANDEMIC EMERGENCY UNEMPLOYMENT COM2 PENSATION.—Section 2107(a) of division A of the CARES 

3 Act (15 U.S.C. 9025(a)) is amended by adding at the end 

4 the following new paragraph: 

5 ‘‘(8) APPLICATION OF FUTA REQUIREMENT TO

6 PERMIT INDIVIDUALS TO REQUEST THAT FEDERAL

7 INCOME TAX BE WITHHELD.—Beginning 30 days 

8 after the date of enactment of this paragraph, any 

9 agreement under this section shall provide that the 

10 requirement under section 3304(a)(18) of the Inter11 nal Revenue Code of 1986 shall apply to compensa12 tion payable under this section in the same manner 

13 as such requirement applies to unemployment com14 pensation payable under State law.’’. 

15 TITLE III—CLARIFICATIONS AND 

16 IMPROVEMENTS TO PAN17 DEMIC UNEMPLOYMENT AS18 SISTANCE 

19 SEC. 301. CLARIFICATION OF PANDEMIC UNEMPLOYMENT 

20 ASSISTANCE ELIGIBILITY FOR PRIMARY 

21 CAREGIVING. 

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

23 of division A of the CARES Act (15 U.S.C. 

24 9021(a)(3)(A)(ii)(I)(dd)) is amended by striking ‘‘that is 

25 closed as a direct result of the COVID–19 public health 


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1 emergency’’ and inserting ‘‘because the school or facility 

2 is closed or only partially reopened due to COVID–19, be3 cause child or family care is not available or affordable 

4 during the hours work is available due to COVID–19, or 

5 because physical attendance at the school or facility pre6 sents an unacceptable health risk for the household or the 

7 individual in need of care due to COVID–19,’’. 

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

9 subsection (a) shall take effect upon the date of the enact10 ment of this Act. 

11 SEC. 302. WAIVER AUTHORITY FOR CERTAIN OVERPAY12 MENTS OF PANDEMIC UNEMPLOYMENT AS13 SISTANCE. 

14 (a) IN GENERAL.—Section 2102(d) of division A of 

15 the CARES Act (15 U.S.C. 9021(d)) is amended by add16 ing at the end the following: 

17 ‘‘(4) WAIVER AUTHORITY.—In the case of indi18 viduals who have received amounts of Pandemic Un19 employment Assistance to which they were not enti20 tled, the State shall require such individuals to repay 

21 the amounts of such Pandemic Unemployment As22 sistance to the State agency, except that the State 

23 agency shall waive such repayment if it determines 

24 that— 


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1 ‘‘(A) the payment of such Pandemic Un2 employment Assistance was without fault on the 

3 part of any such individual; and 

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

5 equity and good conscience.’’. 

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

7 this section shall take effect as if included in the enact8 ment of the CARES Act (Public Law 116–136). 

9 SEC. 303. CLARIFICATION OF ACCESS TO PANDEMIC UNEM10 PLOYMENT ASSISTANCE FOR WORKERS AT 

11 BUSINESSES THAT REDUCED STAFF DUE TO 

12 THE PANDEMIC. 

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

14 division A of the CARES Act (15 U.S.C. 

15 9021(a)(3)(A)(ii)(I)(jj)) is amended by inserting ‘‘or its 

16 operations are otherwise curtailed, including by reducing 

17 hours of operation, staffing levels, occupancy, or other 

18 changes that are recommended or required,’’ after 

19 ‘‘closed’’. 

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

21 subsection (a) shall apply with respect to weeks of unem22 ployment beginning after the date of the enactment of this 

23 Act. 


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1 SEC. 304. HOLD HARMLESS FOR PANDEMIC UNEMPLOY2 MENT ASSISTANCE. 

3 (a) IN GENERAL.—Section 2102(c) of division A of 

4 the CARES Act (15 U.S.C. 9021(c)) is amended by add5 ing at the end the following: 

6 ‘‘(4) CONTINUED ELIGIBILITY FOR ASSIST7 ANCE.—As a condition of continued eligibility for as8 sistance under this section, a covered individual shall 

9 submit a recertification to the State for each week 

10 after the individual’s 1st week of eligibility that cer11 tifies that the individual remains an individual de12 scribed in subsection (a)(3)(A)(ii) for such week.’’. 

13 (b) EFFECTIVE DATE; SPECIAL RULE.— 

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

15 subsection (a) shall apply with respect to weeks be16 ginning on or after the date that is 30 days after 

17 the date of enactment of this section. 

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

19 that made a good faith effort to implement section 

20 2102 of division A of the CARES Act (15 U.S.C. 

21 9021) in accordance with rules similar to those pro22 vided in section 625.6 of title 20, Code of Federal 

23 Regulations, for weeks ending before the effective 

24 date specified in paragraph (1), an individual who 

25 received Pandemic Unemployment Assistance from 

26 such State for any such week shall not be considered 


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1 ineligible for such assistance for such week solely by 

2 reason of failure to submit a recertification described 

3 in subsection (c)(4) of such section. 

4 SEC. 305. CLARIFICATION OF ACCESS TO PANDEMIC UNEM5 PLOYMENT ASSISTANCE FOR WORKERS WITH 

6 UNSAFE WORKPLACES. 

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

8 division A of the CARES Act (15 U.S.C. 

9 9021(a)(3)(A)(ii)(I)(ii)) is amended— 

10 (1) by inserting ‘‘or refuse an offer of work’’ 

11 after ‘‘her job’’; and 

12 (2) by inserting ‘‘, including because the work13 place of the individual is not in compliance with all 

14 applicable health and safety guidelines and stand15 ards related to the prevention of occupational expo16 sure to COVID–19, including such guidelines and 

17 standards issued by the Occupational Safety and 

18 Health Administration, State plans approved under 

19 section 18 of the Occupational Safety and Health 

20 Act of 1970 (29 U.S.C. 667), the Centers for Dis21 ease Control and Prevention, and Federal, State, 

22 and local public health authorities’’ after ‘‘COVID– 

23 19’’. 


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

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

3 after the date of enactment of this Act. 

4 SEC. 306. CLARIFICATION OF ACCESS TO PANDEMIC UNEM5 PLOYMENT ASSISTANCE FOR WORKERS WHO 

6 ARE SELF-QUARANTINING IN ACCORDANCE 

7 WITH CDC GUIDELINES. 

8 (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I) of di9 vision A of the CARES Act (15 U.S.C. 

10 9021(a)(3)(A)(ii)(I)) is amended— 

11 (1) in item (jj), by striking ‘‘or’’ at the end; 

12 (2) in item (kk), by striking ‘‘or’’ at the end; 

13 and 

14 (3) by inserting after item (kk) the following: 

15 ‘‘(ll) the individual is unable 

16 to reach the place of employment 

17 because the individual is self18 quarantining because the indi19 vidual or a member of the indi20 vidual’s household is at increased 

21 risk from COVID–19 based on 

22 guidelines from the Centers for 

23 Disease Control and Prevention 

24 or as determined by a health care 

25 provider;’’. 


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

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

3 after the date of enactment of this Act. 

4 SEC. 307. CLARIFICATION OF ACCESS TO PANDEMIC UNEM5 PLOYMENT ASSISTANCE FOR WORKERS WHO 

6 HAD TO REDUCE OR SUSPEND CUSTOMARY 

7 WORK ACTIVITIES. 

8 (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I) of di9 vision A of the CARES Act (15 U.S.C. 

10 9021(a)(3)(A)(ii)(I)), as amended by section 306 of this 

11 Act, is amended by inserting after item (ll) the following: 

12 ‘‘(mm) the COVID–19 pub13 lic health emergency or economic 

14 conditions related to the COVID– 

15 19 public health emergency has 

16 severely limited the individual’s 

17 ability to continue performing the 

18 individual’s customary work ac19 tivities, and has thereby forced 

20 the individual to reduce or sus21 pend such activities; or’’. 

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

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

24 after the date of enactment of this Act. 


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1 SEC. 308. CLARIFICATION OF CONTINUED ACCESS TO PAN2 DEMIC UNEMPLOYMENT ASSISTANCE. 

3 (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I) of di4 vision A of the CARES Act (15 U.S.C. 

5 9021(a)(3)(A)(ii)(I)), as amended by section 307 of this 

6 Act, is amended by inserting after item (mm) the fol7 lowing: 

8 ‘‘(nn) the individual lost his 

9 or her job because of a cir10 cumstance described in items 

11 (aa) through (mm), regardless of 

12 whether the circumstance is still 

13 applicable to the individual; or’’. 

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

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

16 after the date of enactment of this Act. 

17 SEC. 309. STATE FLEXIBILITY IN ESTABLISHING INCOME. 

18 (a) IN GENERAL.—Section 2102(d) of division A of 

19 the CARES Act (15 U.S.C. 9021(d)), as amended by sec20 tion 302 of this Act, is amended by adding at the end 

21 the following: 

22 ‘‘(5) STATE FLEXIBILITY IN ESTABLISHING IN23 COME.—In determining the income of an individual 

24 for purposes of an application for assistance author25 ized under subsection (b), a State may rely on such 

26 wage and self-employment data as the State may 


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1 elect, including any applicable data with respect to 

2 an individual’s electronically mediated employment.’’. 

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

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

5 after the date of enactment of this Act. 

6 TITLE IV—EXTENSION OF RE7 LIEF TO STATES AND EM8 PLOYERS 

9 SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EX10 TENDED UNEMPLOYMENT COMPENSATION. 

11 Subsections (a) and (b) of section 4105 of the Fami12 lies First Coronavirus Response Act (26 U.S.C. 3304 

13 note) are each amended by striking ‘‘December 31, 2020’’ 

14 and inserting ‘‘the applicable end date described in section 

15 2107(g)(2) of division A of the CARES Act (15 U.S.C. 

16 9025(g)(2))’’. 

17 SEC. 402. EXTENSION OF TEMPORARY ASSISTANCE FOR 

18 STATES WITH ADVANCES. 

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

20 (42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘De21 cember 31, 2020’’ and inserting ‘‘the applicable end date 

22 described in section 2107(g)(2) of division A of the 

23 CARES Act (15 U.S.C. 9025(g)(2))’’. 


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1 SEC. 403. EXTENSION OF EMERGENCY RELIEF FOR GOV2 ERNMENTAL ENTITIES AND NONPROFIT OR3 GANIZATIONS. 

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

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

6 31, 2020’’ and inserting ‘‘the applicable end date de7 scribed in section 2107(g)(2) of division A of the CARES 

8 Act (15 U.S.C. 9025(g)(2))’’. 

9 TITLE V—CORRECTIVE ACTION 

10 FOR PROCESSING BACKLOGS 

11 SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS. 

12 (a) IN GENERAL.—Section 2104 of division A of the 

13 CARES Act (15 U.S.C. 9023) is amended by adding at 

14 the end the following: 

15 ‘‘(j) STATE ACCOUNTABILITY RELATING TO CLAIMS

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

17 section, the following rules shall apply: 

18 ‘‘(1) CLAIMS REPORTING.— 

19 ‘‘(A) IN GENERAL.—Each State partici20 pating in such an agreement shall submit to the 

21 Secretary of Labor on a weekly basis a report 

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

23 processing of unemployment claims, including 

24 claims for regular compensation, extended com25 pensation, Pandemic Unemployment Assistance, 

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1 pensation. Such report shall include a descrip2 tion, with respect to the previous week, of each 

3 of the following: 

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

5 in process, disaggregated by the number of 

6 such claims still pending— 

7 ‘‘(I) because of nonmonetary de8 terminations; 

9 ‘‘(II) because of monetary deter10 minations; 

11 ‘‘(III) because of suspected 

12 fraud; and 

13 ‘‘(IV) for any other reason. 

14 ‘‘(ii) The number of initial claims de15 nied. 

16 ‘‘(iii) The number of individuals with 

17 respect to whom a continued claim was 

18 paid. 

19 ‘‘(iv) The number of individuals with 

20 respect to whom a continued claim is still 

21 in process, disaggregated by the number of 

22 such claims still pending— 

23 ‘‘(I) because of nonmonetary de24 terminations; 


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1 ‘‘(II) because of monetary deter2 minations; 

3 ‘‘(III) because of suspected 

4 fraud; and 

5 ‘‘(IV) for any other reason. 

6 ‘‘(v) The number of individuals with 

7 respect to whom a continued claims was 

8 denied. 

9 ‘‘(B) REPORT TO CONGRESS.—Upon re10 ceipt of a report described in subparagraph (A), 

11 the Secretary of Labor shall publish such report 

12 on the website of the Department of Labor and 

13 shall submit such report to the Committee on 

14 Ways and Means of the House of Representa15 tives and the Committee on Finance of the Sen16 ate. 

17 ‘‘(2) CORRECTIVE ACTION PLANS.— 

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

19 days after the date of enactment of this sub20 section and at least every 90 days thereafter, 

21 each State participating in such an agreement 

22 shall submit to the Secretary of Labor a correc23 tive action plan that includes a description of 

24 the actions the State has taken and intends to 

25 take to address any backlog of the processing of 


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1 unemployment claims described in paragraph 

2 (1)(A). The Secretary may waive the require3 ment under this subparagraph with respect to 

4 any State that the Secretary determines has 

5 made adequate progress in addressing any such 

6 backlog. 

7 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec8 retary of Labor shall make technical assistance 

9 available to States to the extent feasible to en10 able States to develop and implement corrective 

11 action plans in accordance with this paragraph. 

12 If the Secretary of Labor determines at any 

13 time that a State has failed to take reasonable 

14 actions under a corrective action plan to ad15 dress a claims backlog, the State shall collabo16 rate with the Secretary to develop a subsequent 

17 corrective action plan to achieve clearly defined, 

18 targeted outcomes. 

19 ‘‘(C) REPORT TO CONGRESS.—Upon re20 ceipt of a corrective action plan described in 

21 subparagraph (A), the Secretary of Labor shall 

22 publish such plan on the website of the Depart23 ment of Labor and shall submit such report to 

24 the Committee on Ways and Means of the 


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1 House of Representatives and the Committee 

2 on Finance of the Senate.’’. 

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

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

5 after the date of enactment of this Act. 

6 TITLE VI—PANDEMIC UNEM7 PLOYMENT ASSISTANCE FOR 

8 MIXED EARNERS 

9 SEC. 601. COVERAGE OF MIXED-INCOME INDIVIDUALS. 

10 (a) IN GENERAL.—Section 2102(c) of division A of 

11 the CARES Act (15 U.S.C. 9021(c)), as amended by sec12 tion 304 of this Act, is amended by adding at the end 

13 the following: 

14 ‘‘(5) COVERAGE OF MIXED-INCOME INDIVID15 UALS.—In the case of an individual who— 

16 ‘‘(A)(i) would be a covered individual but 

17 for subsection (a)(3)(A)(i); or 

18 ‘‘(ii) is employed but is unable or unavail19 able to earn self-employment income because of 

20 factors described in subsection (a)(3)(A)(ii) and 

21 otherwise satisfies the requirements of sub22 section (a)(3); 

23 ‘‘(B) during the individual’s most recent 

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1 ceived at least $7,250 from self-employment; 

2 and 

3 ‘‘(C) makes an irrevocable election to be 

4 treated as a covered individual under this sec5 tion for each week, with respect to which assist6 ance under this section is available, that be7 gins— 

8 ‘‘(i) after the date of such election; or 

9 ‘‘(ii) before such date, but only if the 

10 individual did not otherwise receive unem11 ployment benefits for such week under this 

12 section, section 2104, section 2107, or as 

13 determined under State law, 

14 such individual shall be treated as a covered indi15 vidual described in subsection (d)(2) for such weeks. 

16 An individual with respect to which this paragraph 

17 applies for a week shall be deemed ineligible for reg18 ular compensation or extended benefits under State 

19 or Federal law or pandemic emergency unemploy20 ment compensation under section 2107 for such 

21 week.’’. 

22 (b) APPLICABILITY.—The amendment made by sub23 section (a) shall not apply with respect to a State partici24 pating in an agreement under section 2102 of division A 

25 of the CARES Act (15 U.S.C. 9021(h)) unless the State 


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1 so elects, and shall become effective as determined by such 

2 State in agreement with the Secretary of Labor. 

3 TITLE VII—TECHNICAL 

4 CORRECTIONS 

5 SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT6 TIME COMPENSATION PROGRAMS. 

7 Section 2108(c) of division A of the CARES Act (15 

8 U.S.C. 9026(c)) is amended by striking ‘‘shall be eligible’’ 

9 and all that follows through the end and inserting the fol10 lowing: 

11 ‘‘shall be eligible— 

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

13 weeks of unemployment beginning after the effective 

14 date of such enactment; and 

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

16 total amount of payments for which the State is eli17 gible pursuant to an agreement under section 2109 

18 for weeks of unemployment before such effective 

19 date.’’. 

20 SEC. 702. TECHNICAL CORRECTION FOR THE COMMON21 WEALTH OF NORTHERN MARIANA ISLANDS. 

22 A Commonwealth Only Transitional Worker (as de23 fined in section 6(i)(2) of the Joint Resolution entitled ‘‘A 

24 Joint Resolution to approve the ‘Covenant To Establish 

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1 litical Union with the United States of America’, and for 

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

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

4 (8 U.S.C. 1641) for purposes of eligibility for a benefit 

5 under section 2102 or 2104 of the CARES Act. 

6 SEC. 703. TECHNICAL AMENDMENT RELATING TO PAN7 DEMIC UNEMPLOYMENT ASSISTANCE. 

8 Section 2102(h) of division A of the CARES Act (15 

9 U.S.C. 9021(h)) is amended by striking ‘‘section 625’’ 

10 each place it appears and inserting ‘‘part 625’’. 

Æ 


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