II 

118TH CONGRESS 

1ST SESSION S. 3140 

To modernize unemployment compensation benefits. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 26, 2023 

Mr. WYDEN (for himself, Mr. BENNET, Mr. FETTERMAN, Ms. WARREN, Mr. 

BROWN, Mr. REED, Mr. BOOKER, and Mr. SANDERS) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To modernize unemployment compensation benefits. 

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 ‘‘Unemployment Insurance Modernization and Recession 

6 Readiness Act’’. 

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—MODERNIZATION OF EXTENDED BENEFITS 

Sec. 101. Full Federal funding of extended unemployment compensation. 

Sec. 102. Improving the extended benefit triggers. 

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Sec. 103. Increase in the number of weeks of extended benefits during high unemployment periods. 

Sec. 104. Improved calculation of amounts in an individual’s extended benefit 

account. 

Sec. 105. Transition for amounts remaining in extended benefit accounts when 

a State is no longer in an extended benefit period. 

Sec. 106. Coordination of extended benefits with regular compensation. 

Sec. 107. Portability of extended benefits. 

Sec. 108. Additional extended benefit program improvements. 

Sec. 109. Exemption of extended benefits from sequestration. 

Sec. 110. Effective date. 

TITLE II—MODERNIZATION OF REGULAR UNEMPLOYMENT 

Sec. 201. Floor on the number of weeks. 

Sec. 202. Floor on the minimum replacement of wages. 

Sec. 203. Floor on the maximum benefit. 

Sec. 204. Part-time work. 

Sec. 205. Base period. 

Sec. 206. Expansion of good cause separations. 

Sec. 207. Unemployment compensation for survivors and victims of sexual harassment, other harassment, domestic violence, dating violence, 

sexual assault, or stalking. 

Sec. 208. Elimination of waiting weeks. 

Sec. 209. Temporary work assignment. 

Sec. 210. Self-employment assistance program. 

Sec. 211. Short-time compensation program. 

Sec. 212. Minimum level of prior employment. 

Sec. 213. Employee status. 

Sec. 214. Eligibility of certain student-workers for unemployment compensation. 

Sec. 215. Dependents’ allowance. 

Sec. 216. Labor disputes. 

Sec. 217. Educational employees. 

Sec. 218. Emergency enhanced unemployment compensation. 

TITLE III—JOBSEEKER ALLOWANCE 

Sec. 301. Jobseeker allowance. 

1 TITLE I—MODERNIZATION OF 

2 EXTENDED BENEFITS 

3 SEC. 101. FULL FEDERAL FUNDING OF EXTENDED UNEM4 PLOYMENT COMPENSATION. 

5 (a) IN GENERAL.—Section 204 of the Federal-State 

6 Extended Unemployment Compensation Act of 1970 (26 

7 U.S.C. 3304 note) is amended— 

8 (1) in subsection (a)— 

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1 (A) by striking ‘‘(1) There shall be paid’’ 

2 and all that follows through the period at the 

3 end of paragraph (2) and inserting the fol4 lowing: ‘‘(1) There shall be paid to each State 

5 an amount equal to 100 percent of the extended 

6 compensation (including allowances for depend7 ents) paid to individuals under State law. 

8 ‘‘(2) No payment shall be made to any State under 

9 this subsection with respect to benefits paid if the State— 

10 ‘‘(A) assesses payments due in lieu of contribu11 tions from the employer for such benefits; or 

12 ‘‘(B) charges the employer for purposes of em13 ployer experience rating for such benefits.’’; and 

14 (B) in paragraph (3), by striking ‘‘section 

15 3306(c)(7) of the Internal Revenue’’ and all 

16 that follows through ‘‘reduced by an amount’’ 

17 and inserting ‘‘paragraph (7) or (8) of section 

18 3306(c) of the Internal Revenue Code of 1986 

19 applies shall be reduced by an amount equal to 

20 50 percent of the amount’’; 

21 (2) by striking subsections (b) and (c); and 

22 (3) by redesignating subsections (d) and (e) as 

23 subsections (b) and (c), respectively. 

24 (b) CONFORMING AMENDMENT.—Section 202(a)(6) 

25 of the Federal-State Extended Unemployment CompensaVerDate Sep 11 2014 17:51 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3140.IS S3140
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1 tion Act of 1970 (26 U.S.C. 3304 note) is amended by 

2 striking ‘‘or shareable regular compensation’’. 

3 SEC. 102. IMPROVING THE EXTENDED BENEFIT TRIGGERS. 

4 (a) TUR TRIGGERS.—Section 203 of the Federal5 State Extended Unemployment Compensation Act of 1970 

6 (26 U.S.C. 3304 note) is amended by striking subsection 

7 (f) and inserting the following new subsections: 

8 ‘‘(f) STATE TUR TRIGGER.— 

9 ‘‘(1) IN GENERAL.—For purposes of this sec10 tion: 

11 ‘‘(A) ON INDICATOR.—There is a State 

12 ‘on’ indicator for a week if the average rate of 

13 total unemployment in such State (seasonally 

14 adjusted) for the period consisting of the most 

15 recent 3 months for which data for all States 

16 are published before the close of such week 

17 equals or exceeds 5.5 percent. 

18 ‘‘(B) OFF INDICATOR.—There is a State 

19 ‘off’ indicator for a week if the requirement of 

20 subparagraph (A) is not satisfied. 

21 ‘‘(2) APPLICATION.—Notwithstanding the pro22 vision of any State law, any week for which there 

23 would otherwise be a State ‘on’ indicator shall con24 tinue to be such a week and shall not be determined 

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1 to be a week for which there is a State ‘off’ indi2 cator. 

3 ‘‘(3) DETERMINATIONS OF THE RATE OF TOTAL

4 UNEMPLOYMENT.—For purposes of this subsection, 

5 determinations of the rate of total unemployment in 

6 any State for any period (and of any seasonal ad7 justment) shall be made by the Secretary. 

8 ‘‘(g) NATIONAL TUR TRIGGER.— 

9 ‘‘(1) IN GENERAL.—For purposes of this sec10 tion: 

11 ‘‘(A) ON INDICATOR.—There is a State 

12 ‘on’ indicator for a week if the average rate of 

13 total unemployment for all States (seasonally 

14 adjusted) for the period consisting of the most 

15 recent 3 months for which data for all States 

16 are published before the close of such week 

17 equals or exceeds 5.5 percent. 

18 ‘‘(B) OFF INDICATOR.—There is a State 

19 ‘off’ indicator for a week if the requirement of 

20 subparagraph (A) is not satisfied. 

21 ‘‘(2) APPLICATION.—Notwithstanding the pro22 vision of any State law, any week for which there 

23 would otherwise be a State ‘on’ indicator shall con24 tinue to be such a week and shall not be determined 

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1 to be a week for which there is a State ‘off’ indi2 cator. 

3 ‘‘(3) DETERMINATIONS OF THE RATE OF TOTAL

4 UNEMPLOYMENT.—For purposes of this subsection, 

5 determinations of the rate of total unemployment for 

6 all States for any period (and of any seasonal ad7 justment) shall be made by the Secretary.’’. 

8 (b) ELEVATED NATIONAL UNEMPLOYMENT TRIG9 GER.— 

10 (1) IN GENERAL.—Section 203 of the Federal11 State Extended Unemployment Compensation Act of 

12 1970 (26 U.S.C. 3304 note), as amended by sub13 section (a), is amended by adding at the end the fol14 lowing new subsection: 

15 ‘‘(h) ELEVATED NATIONAL UNEMPLOYMENT TRIG16 GER.— 

17 ‘‘(1) IN GENERAL.—For purposes of this sec18 tion: 

19 ‘‘(A) ON INDICATOR.—There is a State 

20 ‘on’ indicator for a week if the average rate of 

21 total unemployment for all States (seasonally 

22 adjusted) for the period consisting of the most 

23 recent 3 months for which data for all States 

24 are published before the close of such week is 

25 at least 0.5 percentage points higher than the 

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1 lowest average rate of total unemployment for 

2 all States (seasonally adjusted) for any contin3 uous 3-month period in the preceding 12 

4 months. 

5 ‘‘(B) OFF INDICATOR.—There is a State 

6 ‘off’ indicator for a week if the average rate of 

7 total unemployment for all States (seasonally 

8 adjusted) for the period consisting of the most 

9 recent 3 months for which data for all States 

10 is published before the close of such week— 

11 ‘‘(i) has decreased for not less than 2 

12 consecutive months; 

13 ‘‘(ii) is less than 5.5 percent; and 

14 ‘‘(iii) is less than 1.5 percentage 

15 points above the average rate of total un16 employment for all States (seasonally ad17 justed) for the period consisting of the 

18 most recent 3 months for which data for 

19 all States is published before the close of 

20 the first week for which there is an ‘on’ in21 dicator under subparagraph (A). 

22 ‘‘(2) APPLICATION.—Notwithstanding the pro23 vision of any State law, any week for which there 

24 would otherwise be a State ‘on’ indicator shall con25 tinue to be such a week and shall not be determined 

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1 to be a week for which there is a State ‘off’ indi2 cator. 

3 ‘‘(3) DETERMINATIONS OF THE RATE OF TOTAL

4 UNEMPLOYMENT.—For purposes of this subsection, 

5 determinations of the rate of total unemployment for 

6 all States for any period (and of any seasonal ad7 justment) shall be made by the Secretary. 

8 ‘‘(4) INCLUSION OF DETERMINATION IN

9 MONTHLY EMPLOYMENT SITUATION REPORTS.—Not10 withstanding any other provision of law, the Sec11 retary, acting through the Commissioner of the Bu12 reau of Labor Statistics, shall include in each 

13 monthly employment situation report published by 

14 the Commissioner a specific determination of wheth15 er or not there is an ‘on’ indicator under paragraph 

16 (1)(A) in the United States.’’. 

17 (2) COORDINATION BETWEEN ELEVATED NA18 TIONAL UNEMPLOYMENT TRIGGER AND OTHER TRIG19 GERS.—Section 203(b) of the Federal-State Ex20 tended Unemployment Compensation Act of 1970 

21 (26 U.S.C. 3304 note) is amended by adding at the 

22 end the following new paragraph: 

23 ‘‘(3)(A) In the case of a State for which there is an 

24 ‘on’ indicator for a week under subsection (h) and an ‘on’ 

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1 indicator for such week under subsection (f) or (g), section 

2 202(b)(1) shall be applied by substituting— 

3 ‘‘(i) ‘100 per centum’ for ‘50 per centum’ in 

4 subparagraph (A); and 

5 ‘‘(ii) ‘twenty-six’ for ‘thirteen’ in subparagraph 

6 (B). 

7 ‘‘(B) The increase in amounts in an account by rea8 son of subparagraph (A) shall be in addition to any in9 creases in amounts in an account by reason of paragraph 

10 (3) of section 202(b).’’. 

11 SEC. 103. INCREASE IN THE NUMBER OF WEEKS OF EX12 TENDED BENEFITS DURING HIGH UNEM13 PLOYMENT PERIODS. 

14 Section 202(b) of the Federal-State Extended Unem15 ployment Compensation Act of 1970 (26 U.S.C. 3304 

16 note) is amended— 

17 (1) in paragraph (1)— 

18 (A) in the matter preceding subparagraph 

19 (A), by striking ‘‘The State law’’ and inserting 

20 ‘‘Subject to paragraph (3) and section 

21 203(b)(3), the State law’’; 

22 (B) in subparagraph (A), by inserting ‘‘or’’ 

23 at the end; 

24 (C) in subparagraph (B), by striking ‘‘, 

25 or’’ at the end and inserting a period; and 

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1 (D) by striking subparagraph (C); and 

2 (2) by striking paragraph (3) and inserting the 

3 following new paragraph: 

4 ‘‘(3) INCREASE IN AMOUNT IN ACCOUNT DUR5 ING HIGH UNEMPLOYMENT PERIODS.— 

6 ‘‘(A) TIERS.—Effective with respect to 

7 weeks beginning in a high unemployment pe8 riod, paragraph (1) shall be applied as follows: 

9 ‘‘(i) SECOND TIER.—In the case of 

10 weeks in a tier 2 high unemployment pe11 riod described in subparagraph (B)(i), by 

12 substituting— 

13 ‘‘(I) ‘100 per centum’ for ‘50 per 

14 centum’ in subparagraph (A); and 

15 ‘‘(II) ‘twenty-six’ for ‘thirteen’ in 

16 subparagraph (B). 

17 ‘‘(ii) THIRD TIER.—In the case of 

18 weeks in a tier 3 high unemployment pe19 riod described in subparagraph (B)(ii), by 

20 substituting— 

21 ‘‘(I) ‘150 per centum’ for ‘50 per 

22 centum’ in subparagraph (A); and 

23 ‘‘(II) ‘thirty-nine’ for ‘thirteen’ in 

24 subparagraph (B). 

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1 ‘‘(iii) FOURTH TIER.—In the case of 

2 weeks in a tier 4 high unemployment pe3 riod described in subparagraph (B)(iii), by 

4 substituting— 

5 ‘‘(I) ‘200 per centum’ for ‘50 per 

6 centum’ in subparagraph (A); and 

7 ‘‘(II) ‘fifty-two’ for ‘thirteen’ in 

8 subparagraph (B). 

9 ‘‘(B) HIGH UNEMPLOYMENT PERIODS.— 

10 ‘‘(i) SECOND TIER.—For purposes of 

11 subparagraph (A)(i), a second tier high un12 employment period described in this clause 

13 is any period during which an extended 

14 benefit period would be in effect if sub15 section (f)(1)(A) or (g)(1)(A) of section 

16 203 were applied by substituting ‘6.5 per17 cent but is less than 7.5 percent’ for ‘5.5 

18 percent’. 

19 ‘‘(ii) THIRD TIER.—For purposes of 

20 subparagraph (A)(ii), a third tier high un21 employment period described in this clause 

22 is any period during which an extended 

23 benefit period would be in effect if sub24 section (f)(1)(A) or (g)(1)(A) of section 

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1 cent but is less than 8.5 percent’ for ‘5.5 

2 percent’. 

3 ‘‘(iii) FOURTH TIER.—For purposes of 

4 subparagraph (A)(iii), a fourth tier high 

5 unemployment period described in this 

6 clause is any period during which an ex7 tended benefit period would be in effect if 

8 subsection (f)(1)(A) or (g)(1)(A) of section 

9 203 were applied by substituting ‘8.5 per10 cent’ for ‘5.5 percent’. 

11 ‘‘(C) INDIVIDUALS REMAIN ELIGIBLE FOR

12 AUGMENTED AMOUNT EVEN IF TIER THRESH13 OLD NO LONGER MET.—If an individual’s ac14 count is augmented under subparagraph (B) 

15 because a State triggers on to a tier described 

16 in clause (i), (ii), or (iii) of subparagraph (B), 

17 the augmented amount shall remain in such ac18 count for the duration of the individual’s ben19 efit year even if the requirements for such tier 

20 are no longer met. 

21 ‘‘(D) CLARIFICATION.—The triggers under 

22 subsections (d) and (h) of section 203 shall not 

23 apply for purposes of determining high unem24 ployment periods under this paragraph.’’. 

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1 SEC. 104. IMPROVED CALCULATION OF AMOUNTS IN AN IN2 DIVIDUAL’S EXTENDED BENEFIT ACCOUNT. 

3 (a) IN GENERAL.—Section 202(b)(1) of the Federal4 State Extended Unemployment Compensation Act of 1970 

5 (26 U.S.C. 3304 note) is amended, in the matter pre6 ceding subparagraph (A), by striking ‘‘the least’’ and in7 serting ‘‘the greatest’’. 

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

9 subsection (a) shall apply to extended compensation ac10 counts established on or after the earlier of— 

11 (1) the date the State changes its statutes, reg12 ulations, or policies in order to comply with such 

13 amendment; or 

14 (2) January 1, 2025. 

15 SEC. 105. TRANSITION FOR AMOUNTS REMAINING IN EX16 TENDED BENEFIT ACCOUNTS WHEN A STATE 

17 IS NO LONGER IN AN EXTENDED BENEFIT PE18 RIOD. 

19 Section 203(b) of the Federal-State Extended Unem20 ployment Compensation Act of 1970 (26 U.S.C. 3304 

21 note), as amended by section 102(b)(2), is amended by 

22 adding at the end the following new paragraph: 

23 ‘‘(4) In the case of an individual who has amounts 

24 remaining in an account established under section 202(b) 

25 as of the date that extended benefits would otherwise not 

26 be payable to the individual because there is a State ‘off’ 

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1 indicator, extended compensation shall continue to be pay2 able to such individual from such amounts for any week— 

3 ‘‘(A) that begins on or after such date and ends 

4 on or before 6 months after such date; and 

5 ‘‘(B) for which the individual meets the eligi6 bility requirements under this title.’’. 

7 SEC. 106. COORDINATION OF EXTENDED BENEFITS WITH 

8 REGULAR COMPENSATION. 

9 Section 202 of the Federal-State Extended Unem10 ployment Compensation Act of 1970 (26 U.S.C. 3304 

11 note) is amended by adding at the end the following new 

12 subsection: 

13 ‘‘(d) COORDINATION OF EXTENDED COMPENSATION

14 WITH REGULAR COMPENSATION.— 

15 ‘‘(1) If— 

16 ‘‘(A) an individual has been determined to 

17 be entitled to extended compensation with re18 spect to a benefit year; 

19 ‘‘(B) such benefit year has expired; 

20 ‘‘(C) such individual has remaining entitle21 ment to extended compensation with respect to 

22 such benefit year; and 

23 ‘‘(D) such individual would qualify for a 

24 new benefit year in which the weekly benefit 

25 amount of regular compensation is at least $25 

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1 less than the individual’s weekly benefit amount 

2 in the benefit year referred to in subparagraph 

3 (A); 

4 then the State shall determine eligibility for com5 pensation as provided in paragraph (2). 

6 ‘‘(2) For individuals described in paragraph (1), 

7 the State shall determine whether the individual is 

8 to be paid extended compensation or regular com9 pensation for a week of unemployment using one of 

10 the following methods: 

11 ‘‘(A) The State shall, if permitted by State 

12 law, establish a new benefit year, but defer the 

13 payment of regular compensation with respect 

14 to that new benefit year until exhaustion of all 

15 extended compensation payable with respect to 

16 the benefit year referred to in paragraph 

17 (1)(A). 

18 ‘‘(B) The State shall, if permitted by State 

19 law, defer the establishment of a new benefit 

20 year (which uses all the wages and employment 

21 which would have been used to establish a ben22 efit year but for the application of this para23 graph) until exhaustion of all extended com24 pensation payable with respect to the benefit 

25 year referred to in paragraph (1)(A). 

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1 ‘‘(C) The State shall pay, if permitted by 

2 State law— 

3 ‘‘(i) regular compensation equal to the 

4 weekly benefit amount established under 

5 the new benefit year; and 

6 ‘‘(ii) extended compensation equal to 

7 the difference between that weekly benefit 

8 amount and the weekly benefit amount for 

9 the expired benefit year. 

10 ‘‘(D) The State shall determine rights to 

11 extended compensation without regard to any 

12 rights to regular compensation if the individual 

13 elects to not file a claim for regular compensa14 tion under the new benefit year.’’. 

15 SEC. 107. PORTABILITY OF EXTENDED BENEFITS. 

16 Section 202(a) of the Federal-State Extended Unem17 ployment Compensation Act of 1970 (26 U.S.C. 3304 

18 note) is amended by adding at the end the following new 

19 paragraph: 

20 ‘‘(8) The provisions under section 3304(a)(9)(A) of 

21 the Internal Revenue Code of 1986 shall apply to benefits 

22 under this title in the same manner as such provisions 

23 apply to regular compensation under State law.’’. 

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1 SEC. 108. ADDITIONAL EXTENDED BENEFIT PROGRAM IM2 PROVEMENTS. 

3 (a) STATE LAW REQUIREMENTS.—Section 202(a) of 

4 the Federal-State Extended Unemployment Compensation 

5 Act of 1970 (26 U.S.C. 3304 note) is amended— 

6 (1) paragraph (3)— 

7 (A) in subparagraph (D)(iii), by striking 

8 ‘‘subparagraphs (C) and (E)’’ and inserting 

9 ‘‘subparagraph (C)’’; and 

10 (B) by striking subparagraph (E) and re11 designating subparagraph (F) as subparagraph 

12 (E); 

13 (2) by striking paragraphs (4), (5), and (7) and 

14 redesignating paragraph (6) as paragraph (4); and 

15 (3) in paragraph (4), as so redesignated, by 

16 striking ‘‘paragraphs (3), (4), and (5)’’ and insert17 ing ‘‘paragraph (3)’’. 

18 (b) ELIMINATION OF MANDATORY 13-WEEK OFF

19 PERIOD.—Section 203(b)(1) of the Federal-State Ex20 tended Unemployment Compensation Act of 1970 (26 

21 U.S.C. 3304 note) is amended by striking ‘‘any State’’ and 

22 all that follows before the period at the end and inserting 

23 ‘‘any State, no extended benefit period shall last for a pe24 riod of less than thirteen consecutive weeks’’. 

25 (c) ELIMINATION OF LOOK BACK UNDER THE IN26 SURED UNEMPLOYMENT RATE TRIGGER.—Section 203(d) 

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1 of the Federal-State Extended Unemployment Compensa2 tion Act of 1970 (26 U.S.C. 3304 note) is amended— 

3 (1) in paragraph (1), by striking ‘‘twelve 

4 weeks—’’ and all that follows through ‘‘5 per cen5 tum’’ and inserting ‘‘twelve weeks equal or exceeded 

6 5 percent’’; 

7 (2) in paragraph (2), by striking ‘‘either sub8 paragraph (A) or subparagraph (B) of’’; and 

9 (3) by striking the second and third sentences. 

10 (d) DETERMINATION OF INSURED UNEMPLOYMENT

11 RATE.—Section 203(e)(1)(A) of the Federal-State Ex12 tended Unemployment Compensation Act of 1970 (26 

13 U.S.C. 3304 note) is amended by inserting ‘‘, extended 

14 compensation, unemployment compensation for Federal 

15 civilian employees under subchapter I of chapter 85 of title 

16 5, United States Code, or unemployment compensation for 

17 ex-servicemembers under subchapter II of such chapter 

18 85’’ after ‘‘regular compensation’’. 

19 SEC. 109. EXEMPTION OF EXTENDED BENEFITS FROM SE20 QUESTRATION. 

21 (a) IN GENERAL.—Section 255(g)(1)(A) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985 

23 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after 

24 ‘‘Payments to Social Security Trust Funds (28–0404–0– 

25 1–651).’’ the following: 

19 

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1 ‘‘Payments to a State under the Federal-State Ex2 tended Unemployment Compensation Act of 1970 (26 

3 U.S.C. 3304 note).’’. 

4 (b) APPLICABILITY.—The amendment made by this 

5 section shall apply to any sequestration order issued under 

6 the Balanced Budget and Emergency Deficit Control Act 

7 of 1985 (2 U.S.C. 900 et seq.) on or after the date of 

8 enactment of this Act. 

9 SEC. 110. EFFECTIVE DATE. 

10 The amendments made by this title (other than sec11 tions 104 and 109) shall apply to weeks of unemployment 

12 beginning on or after January 1, 2025 (or earlier if estab13 lished by State law (but in no case earlier than 60 days 

14 after the date of enactment of this Act)). 

15 TITLE II—MODERNIZATION OF 

16 REGULAR UNEMPLOYMENT 

17 SEC. 201. FLOOR ON THE NUMBER OF WEEKS. 

18 (a) IN GENERAL.—Section 3304(a) of the Internal 

19 Revenue Code of 1986 is amended— 

20 (1) in paragraph (18), by striking ‘‘and’’ at the 

21 end; 

22 (2) by redesignating paragraph (19) as para23 graph (20); and 

24 (3) by inserting after paragraph (18) the fol25 lowing new paragraph: 

20 

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1 ‘‘(19) the minimum duration of benefits is at 

2 least 26 weeks and no variable duration formula 

3 that provides for maximum weeks of benefits of 

4 fewer than 26 weeks is used, or, in the case of a 

5 State that uses a maximum benefit entitlement, an 

6 individual’s maximum benefit entitlement may not 

7 be less than 26 times the individual’s weekly benefit 

8 amount; and’’. 

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

10 subsection (a) shall apply to weeks of unemployment be11 ginning on or after the earlier of— 

12 (1) the date the State changes its statutes, reg13 ulations, or policies in order to comply with such 

14 amendments; or 

15 (2) January 1, 2025. 

16 SEC. 202. FLOOR ON THE MINIMUM REPLACEMENT OF 

17 WAGES. 

18 (a) IN GENERAL.—Section 3304(a) of the Internal 

19 Revenue Code of 1986, as previously amended by this title, 

20 is amended— 

21 (1) in paragraph (19), by striking ‘‘and’’ at the 

22 end; 

23 (2) by redesignating paragraph (20) as para24 graph (21); and 

21 

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1 (3) by inserting after paragraph (19) the fol2 lowing new paragraph: 

3 ‘‘(20) an individual’s weekly benefit amount is 

4 equal to the lesser of— 

5 ‘‘(A) the maximum weekly benefit amount 

6 under the State law; or 

7 ‘‘(B) an amount equal to the quotient of— 

8 ‘‘(i) an amount equal to at least 75 

9 percent of the total earnings in the quarter 

10 of the individual’s base period with the 

11 highest earnings; divided by 

12 ‘‘(ii) 13; and’’. 

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

14 subsection (a) shall apply to weeks of unemployment be15 ginning on or after the earlier of— 

16 (1) the date the State changes its statutes, reg17 ulations, or policies in order to comply with such 

18 amendments; or 

19 (2) January 1, 2025. 

20 SEC. 203. FLOOR ON THE MAXIMUM BENEFIT. 

21 (a) IN GENERAL.—Section 3304(a) of the Internal 

22 Revenue Code of 1986, as previously amended by this title, 

23 is amended— 

24 (1) in paragraph (20), by striking ‘‘and’’ at the 

25 end; 

22 

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1 (2) by redesignating paragraph (21) as para2 graph (22); and 

3 (3) by inserting after paragraph (20) the fol4 lowing new paragraph: 

5 ‘‘(21) the maximum weekly benefit amount may 

not be less than 2 6 ⁄3 of the State’s average weekly 

7 wage (as determined by the Secretary of Labor) as 

8 of October 1 of each calendar year and applied for 

9 claims effective on or after January 1 of the subse10 quent calendar year; and’’. 

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

12 subsection (a) shall apply to weeks of unemployment be13 ginning on or after the earlier of— 

14 (1) the date the State changes its statutes, reg15 ulations, or policies in order to comply with such 

16 amendments; or 

17 (2) January 1, 2025. 

18 SEC. 204. PART-TIME WORK. 

19 (a) IN GENERAL.—Section 3304(a) of the Internal 

20 Revenue Code of 1986, as previously amended by this title, 

21 is amended— 

22 (1) in paragraph (21), by striking ‘‘and’’ at the 

23 end; 

24 (2) by redesignating paragraph (22) as para25 graph (25); and 

23 

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1 (3) by inserting after paragraph (21) the fol2 lowing new paragraphs: 

3 ‘‘(22) an individual is not denied unemployment 

4 compensation under any State law provisions relat5 ing to ability to work, availability for work, active 

6 search for work, or refusal to accept work, solely on 

7 the basis of the number of hours of work such indi8 vidual is seeking, provided that the individual is 

9 seeking at least the lesser of— 

10 ‘‘(A) 20 hours of work per week; or 

11 ‘‘(B) a number of hours of work per week 

equal to at least 1 12 ⁄2 of the typical number of 

13 hours worked per week in the individual’s base 

14 period; 

15 ‘‘(23) an unemployed individual may claim ben16 efits for a week of partial unemployment where the 

17 individual performs less than full-time work while 

18 continuing to search for additional part-time or full19 time work in accordance with State law if their earn20 ings are less than the individual’s weekly benefit 

21 amount; 

22 ‘‘(24) when determining the weekly benefit 

23 amount for an individual claiming a benefit for a 

24 week of partial unemployment, the State disregards, 

at a minimum, earnings equal to 1 25 ⁄3 of the individVerDate Sep 11 2014 17:51 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3140.IS S3140
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1 ual’s weekly benefit amount in computing the indi2 vidual’s weekly benefit for partial unemployment; 

3 and’’. 

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

5 subsection (a) shall apply to weeks of unemployment be6 ginning on or after the earlier of— 

7 (1) the date the State changes its statutes, reg8 ulations, or policies in order to comply with such 

9 amendments; or 

10 (2) January 1, 2025. 

11 SEC. 205. BASE PERIOD. 

12 (a) IN GENERAL.—Section 3304(a) of the Internal 

13 Revenue Code of 1986, as previously amended by this title, 

14 is amended— 

15 (1) in paragraph (24), by striking ‘‘and’’ at the 

16 end; 

17 (2) by redesignating paragraph (25) as para18 graph (27); and 

19 (3) by inserting after paragraph (24) the fol20 lowing new paragraphs: 

21 ‘‘(25) the State law— 

22 ‘‘(A) uses a base period that consists of 4 

23 completed calendar quarters preceding the ef24 fective date of the claim and includes the most 

25 recently completed calendar quarter before the 

25 

•S 3140 IS

1 start of the benefit year for purposes of deter2 mining eligibility for unemployment compensa3 tion; or 

4 ‘‘(B) provides that, in the case of an indi5 vidual who would not otherwise be eligible for 

6 unemployment compensation under the State 

7 law because of the use of a base period that 

8 does not meet the requirements described in 

9 subparagraph (A), eligibility is determined 

10 using a base period that consists of 4 completed 

11 calendar quarters preceding the effective date of 

12 the claim and includes the most recently com13 pleted calendar quarter before the start of the 

14 benefit year; 

15 ‘‘(26) in the case of an individual who would 

16 not otherwise be eligible for unemployment com17 pensation under State law because the individual 

18 took unpaid leave or reduced pay for medical, paren19 tal, or caregiving purposes during the base period, or 

20 because the individual was incapable of work due to 

21 illness, injury, or disability during the base period, 

22 eligibility shall be determined using a base period 

23 that includes the State’s standard or alternative 

24 base period and at least 4 additional consecutive 

26 

•S 3140 IS

1 quarters immediately before the base period or alter2 native base period; and’’. 

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

4 subsection (a) shall apply to claims with an effective date 

5 beginning on or after the earlier of— 

6 (1) the date the State changes its statutes, reg7 ulations, or policies in order to comply with such 

8 amendments; or 

9 (2) January 1, 2025. 

10 SEC. 206. EXPANSION OF GOOD CAUSE SEPARATIONS. 

11 (a) IN GENERAL.—Section 3304 of the Internal Rev12 enue Code of 1986, as previously amended by this title, 

13 is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (26), by striking ‘‘and’’ 

16 at the end; 

17 (B) by redesignating paragraph (27) as 

18 paragraph (28); and 

19 (C) by inserting after paragraph (26) the 

20 following new paragraph: 

21 ‘‘(27) an individual shall not be disqualified 

22 from unemployment compensation for separating 

23 from employment if that separation is for any com24 pelling reason (as defined in subsection (g)); and’’; 

25 and 

27 

•S 3140 IS

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(g) DEFINITION OF COMPELLING REASON.— 

4 ‘‘(1) IN GENERAL.—For purposes of subsection 

5 (a)(27), the Secretary of Labor shall establish a def6 inition for the term ‘compelling reason’. 

7 ‘‘(2) REQUIREMENTS.—In defining the term 

8 compelling reason, the Secretary shall include the 

9 following reasons: 

10 ‘‘(A) ILLNESS OR DISABILITY OF A QUALI11 FIED FAMILY MEMBER.— 

12 ‘‘(i) IN GENERAL.—The illness or dis13 ability of a qualified family member of the 

14 individual. 

15 ‘‘(ii) QUALIFIED FAMILY MEMBER.— 

16 For purposes of clause (i), the term ‘quali17 fied family member’ means, with respect to 

18 an individual— 

19 ‘‘(I) a spouse (including a domes20 tic partner in a civil union or other 

21 registered domestic partnership recog22 nized by a State) and a spouse’s par23 ent; 

24 ‘‘(II) a child and a child’s spouse; 

28 

•S 3140 IS

1 ‘‘(III) a parent and a parent’s 

2 spouse; 

3 ‘‘(IV) a sibling and a sibling’s 

4 spouse; 

5 ‘‘(V) a grandparent, a grand6 child, or a spouse of a grandparent or 

7 grandchild; and 

8 ‘‘(VI) any other individual who is 

9 related by blood or affinity and whose 

10 association with the individual is the 

11 equivalent of a family relationship (as 

12 determined under regulations issued 

13 by the Secretary of Labor). 

14 ‘‘(B) ACCOMPANY THE INDIVIDUAL’S

15 SPOUSE.—In order to accompany such individ16 ual’s spouse— 

17 ‘‘(i) to a place which is outside of the 

18 individual’s commuting area; and 

19 ‘‘(ii) due to a change in location of the 

20 spouse’s employment. 

21 ‘‘(C) RELOCATION OF WORKPLACE.—The 

22 relocation of the workplace of the individual to 

23 a place which is outside of the individual’s com24 muting area. 

29 

•S 3140 IS

1 ‘‘(D) CARE FOR A CHILD.—The need to 

2 care for a child when child care has been lost 

3 and an alternative arrangement cannot be rea4 sonably secured. 

5 ‘‘(E) UNUSUAL RISK.—The individual’s job 

6 presents any unusual risk to the health or safe7 ty of the individual. 

8 ‘‘(F) EMPLOYER’S FAILURE TO CONFORM

9 TO STATE AND FEDERAL LAWS.—The employ10 ee’s reasonable belief that the employer failed to 

11 conform to any State or Federal law relating to 

12 wages, hours, working conditions, collective bar13 gaining, harassment, discrimination, retaliation, 

14 or reasonable accommodations. 

15 ‘‘(G) OTHER REASONS.—Other reasons de16 termined appropriate by the State.’’. 

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

18 subsection (a) shall apply to weeks of unemployment be19 ginning on or after the earlier of— 

20 (1) the date the State changes its statutes, reg21 ulations, or policies in order to comply with such 

22 amendments; or 

23 (2) January 1, 2025. 

30 

•S 3140 IS

1 SEC. 207. UNEMPLOYMENT COMPENSATION FOR SUR2 VIVORS AND VICTIMS OF SEXUAL HARASS3 MENT, OTHER HARASSMENT, DOMESTIC VIO4 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

5 OR STALKING. 

6 (a) IN GENERAL.—Section 3304 of the Internal Rev7 enue Code of 1986, as previously amended by this title, 

8 is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (27), by striking ‘‘and’’ 

11 at the end; 

12 (B) by redesignating paragraph (28) as 

13 paragraph (29); and 

14 (C) by inserting after paragraph (27) the 

15 following new paragraph: 

16 ‘‘(28) an individual shall not be denied com17 pensation under such State law solely on the basis 

18 of the individual having a voluntary separation from 

19 work if such separation is attributable to such indi20 vidual being a survivor or victim of sexual harass21 ment, other harassment, domestic violence, dating 

22 violence, sexual assault, or stalking; and’’; and 

23 (2) by adding at the end the following new sub24 section: 

31 

•S 3140 IS

1 ‘‘(h) SURVIVORS AND VICTIMS OF SEXUAL HARASS2 MENT, OTHER HARASSMENT, DOMESTIC VIOLENCE, DAT3 ING VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 

4 ‘‘(1) DOCUMENTATION.—For purposes of sub5 section (a)(28), a voluntary separation of an indi6 vidual shall be considered to be attributable to such 

7 individual being a survivor or victim of sexual har8 assment, other harassment, domestic violence, dating 

9 violence, sexual assault, or stalking if such individual 

10 submits such evidence as the State deems sufficient. 

11 ‘‘(2) SUFFICIENT DOCUMENTATION.—For pur12 poses of paragraph (1), a State shall deem suffi13 cient— 

14 ‘‘(A) evidence of such sexual harassment, 

15 other harassment, domestic violence, dating vio16 lence, sexual assault, or stalking in the form 

17 of— 

18 ‘‘(i) a sworn statement and a form of 

19 identification; 

20 ‘‘(ii) a police or court record; 

21 ‘‘(iii) documentation from a profes22 sional from whom such individual has 

23 sought assistance, including those associ24 ated with medical, legal, or religious pro25 fessions or a victim service provider; or 

32 

•S 3140 IS

1 ‘‘(iv) any other documentation deter2 mined appropriate by the Secretary of 

3 Labor or the State; and 

4 ‘‘(B) an attestation that such voluntary 

5 separation is attributable to such sexual harass6 ment, other harassment, domestic violence, dat7 ing violence, sexual assault, or stalking. 

8 ‘‘(3) DEFINITIONS.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), in this section: 

11 ‘‘(i) VIOLENCE AGAINST WOMEN ACT

12 DEFINITIONS.—The terms ‘domestic vio13 lence’, ‘dating violence’, ‘sexual assault’, 

14 ‘stalking’, and ‘victim service provider’ 

15 have the meanings given such terms in sec16 tion 40002 of the Violence Against Women 

17 Act of 1994, except that if the cor18 responding paragraph for any such term is 

19 amended after the date of enactment of 

20 this subsection, such amendment shall not 

21 apply for the purpose of this subsection 

22 until the earlier of— 

23 ‘‘(I) the date the State changes 

24 its statutes, regulations, or policies in 

33 

•S 3140 IS

1 order to comply with such amend2 ment; or 

3 ‘‘(II) the date that is 2 years 

4 after the date of enactment of such 

5 amendment. 

6 ‘‘(ii) OTHER HARASSMENT.—The 

7 term ‘other harassment’ has the meaning 

8 given the term ‘harassment’ (other than 

9 sexual harassment) under State law, regu10 lation, or policy. 

11 ‘‘(iii) SEXUAL HARASSMENT.—The 

12 term ‘sexual harassment’ means hostile, in13 timidating, or oppressive behavior based on 

14 sex that creates an offensive work environ15 ment. 

16 ‘‘(B) STATES MAY APPLY BROADER DEFI17 NITION.—A State may adopt a broader defini18 tion of any term under clauses (i), (ii), and (iii) 

19 of subparagraph (A).’’. 

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

21 subsection (a) shall apply to weeks of unemployment be22 ginning on or after the earlier of— 

23 (1) the date the State changes its statutes, reg24 ulations, or policies in order to comply with such 

25 amendments; or 

34 

•S 3140 IS

1 (2) January 1, 2025. 

2 SEC. 208. ELIMINATION OF WAITING WEEKS. 

3 (a) IN GENERAL.—Section 3304(a) of the Internal 

4 Revenue Code of 1986, as previously amended by this title, 

5 is amended— 

6 (1) in paragraph (28), by striking ‘‘and’’ at the 

7 end; 

8 (2) by redesignating paragraph (29) as para9 graph (30); and 

10 (3) by inserting after paragraph (28) the fol11 lowing new paragraph: 

12 ‘‘(29) compensation is immediately paid to an 

13 individual for their first week of otherwise compen14 sable unemployment without a waiting week; and’’. 

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

16 subsection (a) shall apply to weeks of unemployment be17 ginning on or after the earlier of— 

18 (1) the date the State changes its statutes, reg19 ulations, or policies in order to comply with such 

20 amendments; or 

21 (2) January 1, 2025. 

22 SEC. 209. TEMPORARY WORK ASSIGNMENT. 

23 (a) IN GENERAL.—Section 3304(a) of the Internal 

24 Revenue Code of 1986, as previously amended by this title, 

25 is amended— 

35 

•S 3140 IS

1 (1) in paragraph (29), by striking ‘‘and’’ at the 

2 end; 

3 (2) by redesignating paragraph (30) as para4 graph (31); and 

5 (3) by inserting after paragraph (29) the fol6 lowing new paragraph: 

7 ‘‘(30) an individual’s completion of a temporary 

8 employment assignment is considered to be an invol9 untary layoff for the purposes of determining eligi10 bility for unemployment compensation, regardless of 

11 whether or not the individual has contacted the em12 ployer after a temporary assignment has ended; 

13 and’’. 

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

15 subsection (a) shall apply to weeks of unemployment be16 ginning on or after the earlier of— 

17 (1) the date the State changes its statutes, reg18 ulations, or policies in order to comply with such 

19 amendments; or 

20 (2) January 1, 2025. 

21 SEC. 210. SELF-EMPLOYMENT ASSISTANCE PROGRAM. 

22 (a) REQUIREMENT.— 

23 (1) IN GENERAL.—Section 3304(a) of the In24 ternal Revenue Code of 1986, as previously amended 

25 by this title, is amended— 

36 

•S 3140 IS

1 (A) in paragraph (4)(F), by inserting ‘‘, as 

2 required under paragraph (31)’’ after 

3 ‘‘3306(t))’’; 

4 (B) in paragraph (30), by striking ‘‘and’’ 

5 at the end; 

6 (C) by redesignating paragraph (31) as 

7 paragraph (32); and 

8 (D) by inserting after paragraph (30) the 

9 following new paragraph: 

10 ‘‘(31) payment of allowances is made under a 

11 self-employment assistance program (as defined in 

12 section 3306(t)) under the State law; and’’. 

13 (2) CONFORMING AMENDMENT.—Section 

14 303(a)(5) of the Social Security Act (42 U.S.C. 

15 503(a)(5)), is amended, in the last proviso, by in16 serting ‘‘, as required under section 3304(a)(31) of 

17 such Code’’ after ‘‘1986)’’. 

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

19 subsection (a) shall apply to weeks of unemployment be20 ginning on or after the earlier of— 

21 (1) the date the State changes its statutes, reg22 ulations, or policies in order to comply with such 

23 amendments; or 

24 (2) January 1, 2025. 

37 

•S 3140 IS

1 SEC. 211. SHORT-TIME COMPENSATION PROGRAM. 

2 (a) REQUIRED PROGRAM.— 

3 (1) IN GENERAL.—Section 3304(a) of the In4 ternal Revenue Code of 1986, as previously amended 

5 by this title, is amended— 

6 (A) in paragraph (4)(E), by inserting ‘‘, as 

7 required under paragraph (32)’’ after 

8 ‘‘3306(v))’’; 

9 (B) in paragraph (31), by striking ‘‘and’’ 

10 at the end; 

11 (C) by redesignating paragraph (32) as 

12 paragraph (33); and 

13 (D) by inserting after paragraph (31) the 

14 following new paragraph: 

15 ‘‘(32) payment of short-time compensation is 

16 made under a short-time compensation program (as 

17 defined in section 3306(v)) under the State law; 

18 and’’. 

19 (2) CONFORMING AMENDMENT.—Section 

20 303(a)(5) of the Social Security Act (42 U.S.C. 

21 503(a)(5)), is amended, in the fifth proviso, by in22 serting ‘‘, as required under section 3304(a)(32) of 

23 such Code’’ after ‘‘1986)’’. 

24 (b) REVISIONS TO DEFINITION OF A SHORT-TIME

25 COMPENSATION PROGRAM.— 

26 (1) FLEXIBILITY.— 

38 

•S 3140 IS

1 (A) IN GENERAL.—Section 3306(v)(3) of 

2 the Internal Revenue Code of 1986 is amended 

3 by striking ‘‘60 percent’’ and inserting ‘‘80 per4 cent’’. 

5 (B) EFFECTIVE DATE.—The amendment 

6 made by subparagraph (A) shall take effect on 

7 the date of enactment of this Act. 

8 (2) PERMITTING EMPLOYERS TO FILE CLAIM

9 ON BEHALF OF EMPLOYEES.—Section 3306(v) of 

10 the Internal Revenue Code of 1986 is amended— 

11 (A) by redesignating paragraphs (8), (9), 

12 and (10) as paragraphs (9), (10), and (11), re13 spectively; and 

14 (B) by inserting after paragraph (7) the 

15 following new paragraph: 

16 ‘‘(8) the State agency allows an employer to file 

17 weekly claims under the program on behalf of em18 ployees;’’. 

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

20 this section (other than subsection (b)(1)) shall apply to 

21 weeks of unemployment beginning on or after the earlier 

22 of— 

23 (1) the date the State changes its statutes, reg24 ulations, or policies in order to comply with such 

25 amendments; or 

39 

•S 3140 IS

1 (2) January 1, 2025. 

2 SEC. 212. MINIMUM LEVEL OF PRIOR EMPLOYMENT. 

3 (a) REQUIREMENT.— 

4 (1) IN GENERAL.—Section 3304(a) of the In5 ternal Revenue Code of 1986, as previously amended 

6 by this title, is amended— 

7 (A) in paragraph (32), by striking ‘‘and’’ 

8 at the end; 

9 (B) by redesignating paragraph (33) as 

10 paragraph (34); and 

11 (C) by inserting after paragraph (31) the 

12 following new paragraph: 

13 ‘‘(33) compensation is not denied to an other14 wise eligible individual if the individual earned at 

15 least $1,000 in covered wages during the highest 

16 quarter of the base period and at least $1,500 cov17 ered wages during the base period; and’’. 

18 (2) STATE MAY REDUCE MINIMUM THRESH19 OLDS.—Nothing in the paragraph (33) of section 

20 3304(a) of the Internal Revenue Code of 1986, as 

21 added by paragraph (1), shall preclude a State from 

22 reducing the dollar thresholds described in such 

23 paragraph (32). 

40 

•S 3140 IS

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

2 subsection (a) shall apply to weeks of unemployment be3 ginning on or after the earlier of— 

4 (1) the date the State changes its statutes, reg5 ulations, or policies in order to comply with such 

6 amendments; or 

7 (2) January 1, 2025. 

8 SEC. 213. EMPLOYEE STATUS. 

9 (a) IN GENERAL.—Section 3304(a) of the Internal 

10 Revenue Code of 1986, as previously amended by this title, 

11 is amended— 

12 (1) in paragraph (33), by striking ‘‘and’’ at the 

13 end; 

14 (2) by redesignating paragraph (34) as para15 graph (35); and 

16 (3) by inserting after paragraph (33) the fol17 lowing new paragraph: 

18 ‘‘(34) an individual performing any service shall 

19 be considered an employee and not an independent 

20 contractor for the purpose of the State law, unless— 

21 ‘‘(A) the individual is free from control and 

22 direction in connection with the performance of 

23 the service, both under the contract for the per24 formance of service and in fact; 

41 

•S 3140 IS

1 ‘‘(B) the service is performed outside the 

2 usual course of the business of the employer; 

3 and 

4 ‘‘(C) the individual is customarily engaged 

5 in an independently established trade, occupa6 tion, profession, or business of the same nature 

7 as that involved in the service performed; and’’. 

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

9 subsection (a) shall apply to weeks of unemployment be10 ginning on or after the earlier of— 

11 (1) the date the State changes its statutes, reg12 ulations, or policies in order to comply with such 

13 amendments; or 

14 (2) January 1, 2025. 

15 SEC. 214. ELIGIBILITY OF CERTAIN STUDENT-WORKERS 

16 FOR UNEMPLOYMENT COMPENSATION. 

17 (a) IN GENERAL.—Section 3306(c)(10) of the Inter18 nal Revenue Code of 1986 is amended— 

19 (1) by striking subparagraphs (B) and (C); and 

20 (2) by redesignating subparagraph (D) as sub21 paragraph (B). 

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

23 this section shall apply to service performed on or after 

24 January 1, 2025. 

42 

•S 3140 IS

1 SEC. 215. DEPENDENTS’ ALLOWANCE. 

2 (a) IN GENERAL.—Chapter 23 of the Internal Rev3 enue Code of 1986 is amended— 

4 (1) in section 3304(a), as previously amended 

5 by this Act— 

6 (A) in paragraph (34), by striking ‘‘and’’ 

7 at the end; 

8 (B) by redesignating paragraph (35) as 

9 paragraph (36); and 

10 (C) by inserting after paragraph (34) the 

11 following new paragraph: 

12 ‘‘(35) payment of dependents’ allowances shall 

13 be paid pursuant to section 3304A; and’’; and 

14 (2) by inserting after section 3304, the fol15 lowing new section: 

16 ‘‘SEC. 3304A. DEPENDENTS’ ALLOWANCE. 

17 ‘‘(a) IN GENERAL.—Subject to the succeeding provi18 sions of this section, for purposes of section 3304(a)(35), 

19 a State shall provide, in the case of any individual who 

20 is entitled to receive unemployment compensation and who 

21 has any dependents, a dependents’ allowance in an amount 

22 equal to the amount specified in subsection (b) per de23 pendent per week. 

24 ‘‘(b) AMOUNT SPECIFIED.— 

25 ‘‘(1) IN GENERAL.—The amount specified in 

26 this subsection is an amount equal to— 

43 

•S 3140 IS

1 ‘‘(A) for 2025, $25; and 

2 ‘‘(B) for 2026 or a subsequent year, the 

3 dollar amount specified in this subsection for 

4 the preceding year increased by the percentage 

5 change in the Consumer Price Index for All 

6 Urban Consumers for the 12-month period end7 ing with June of such preceding year. 

8 ‘‘(2) ROUNDING.—If any amount determined 

9 under paragraph (1)(B) is not a multiple of $1, such 

10 amount shall be rounded to the nearest multiple of 

11 $1. 

12 ‘‘(c) DEPENDENT DEFINED.—In this section, the 

13 term ‘dependent’ shall have the meaning given that term 

14 under State law, except that such term shall include— 

15 ‘‘(1) any child in the care of the individual who 

16 is under the age of 18, including a natural child, an 

17 adopted child, and a step-child; 

18 ‘‘(2) any child, including stepchild, natural 

19 child, or adopted child, who, prior to enrollment as 

20 full-time student, was in the care of the individual 

21 seeking benefits, so long as the child remain enrolled 

22 as a full-time student and is under the age of 24; 

23 ‘‘(3) any eligible foster child (as defined in sec24 tion 152(f)(1)(C)) placed with the individual; 

44 

•S 3140 IS

1 ‘‘(4) an immediate family member with a dis2 ability who is in the care of the individual or their 

3 household, regardless of whether or not the family 

4 member resides in the individual’s household; 

5 ‘‘(5) a nonworking senior family member living 

6 in the household of the individual; 

7 ‘‘(6) a nonworking spouse who is not receiving 

8 unemployment compensation; and 

9 ‘‘(7) other individuals determined appropriate 

10 by the Secretary of Labor. 

11 ‘‘(d) REGULATIONS.—Not later than 3 months after 

12 the date of enactment of this section, the Secretary of 

13 Labor shall issue regulations to carry out this section.’’. 

14 (b) PERMISSIBLE USE OF FUNDS.— 

15 (1) INTERNAL REVENUE CODE OF 1986.—Sec16 tion 3304(a)(4) of the Internal Revenue Code of 

17 1986 is amended— 

18 (A) in subparagraph (F), by striking 

19 ‘‘and’’ at the end; 

20 (B) in subparagraph (G)(ii), by inserting 

21 ‘‘and’’ at the end; and 

22 (C) by adding at the end the following: 

23 ‘‘(H) amounts may be withdrawn for the 

24 payment of dependents’ allowances under sec25 tion 3304A;’’. 

45 

•S 3140 IS

1 (2) SOCIAL SECURITY ACT.—Section 303(a)(5) 

2 of the Social Security Act is amended by striking ‘‘; 

3 and’’ at the end and inserting ‘‘: Provided further, 

4 That amounts may be withdrawn for the payment of 

5 dependents’ allowances under section 3304A; and’’. 

6 (c) CONFORMING AMENDMENT.—The table of sec7 tions for chapter 23 of the Internal Revenue Code of 1986 

8 is amended by inserting after the item relating to section 

9 3304 the following new item: 

‘‘Sec. 3304A. Dependents’ allowance.’’. 

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

11 this section shall apply to weeks of unemployment begin12 ning on or after the earlier of— 

13 (1) the date the State changes its statutes, reg14 ulations, or policies in order to comply with such 

15 amendments; or 

16 (2) January 1, 2025. 

17 SEC. 216. LABOR DISPUTES. 

18 (a) IN GENERAL.—Section 3304(a) of the Internal 

19 Revenue Code of 1986, as previously amended by this Act, 

20 is amended— 

21 (1) in paragraph (35), by striking ‘‘and’’ at the 

22 end; 

23 (2) by redesignating paragraph (36) as para24 graph (37); and 

46 

•S 3140 IS

1 (3) by inserting after paragraph (35) the fol2 lowing new paragraph: 

3 ‘‘(36) compensation is not denied to an other4 wise eligible individual if the separation is due to a 

5 labor dispute if— 

6 ‘‘(A) the individual has been locked out by 

7 their employer; 

8 ‘‘(B) the dispute is the result of the em9 ployer’s failure to conform to the provisions of 

10 a labor contract; 

11 ‘‘(C) the dispute is the result of the em12 ployer’s failure to conform to any State or Fed13 eral law relating to wages, hours, working con14 ditions, or collective bargaining; or 

15 ‘‘(D) the individual and others of the same 

16 grade or class are not participating in the dis17 pute, financing it, or directly interested in it; 

18 and’’. 

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

20 this section shall apply to weeks of unemployment begin21 ning on or after the earlier of— 

22 (1) the date the State changes its statutes, reg23 ulations, or policies in order to comply with such 

24 amendments; or 

25 (2) January 1, 2025. 

47 

•S 3140 IS

1 SEC. 217. EDUCATIONAL EMPLOYEES. 

2 (a) IN GENERAL.—Section 3304(a)(6)(A)(i) of the 

3 Internal Revenue Code of 1986 is amended— 

4 (1) by striking ‘‘applies, compensation shall’’ 

5 and inserting the following: ‘‘applies— 

6 ‘‘(I) compensation shall’’; 

7 (2) in subclause (I), as added by paragraph (1), 

8 by inserting ‘‘except that’’ at the end; and 

9 (3) by adding at the end the following new sub10 clause: 

11 ‘‘(II) if compensation is denied to any 

12 individual for any week under subclause (I) 

13 and such individual was not offered an op14 portunity to perform such services for the 

15 educational institution for the second of 

16 such academic years or terms, such indi17 vidual shall be entitled to a retroactive 

18 payment of the compensation for each 

19 week for which the individual filed a timely 

20 claim for compensation and for which com21 pensation was denied solely by reason of 

22 subclause (I),’’. 

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

24 this section shall apply to weeks of unemployment begin25 ning on or after the earlier of— 

48 

•S 3140 IS

1 (1) the date the State changes its statutes, reg2 ulations, or policies in order to comply with such 

3 amendments; or 

4 (2) January 1, 2025. 

5 SEC. 218. EMERGENCY ENHANCED UNEMPLOYMENT COM6 PENSATION. 

7 (a) IN GENERAL.—Chapter 23 of the Internal Rev8 enue Code of 1986 is amended— 

9 (1) in section 3304(a), as previously amended 

10 by this Act— 

11 (A) in paragraph (20), in the matter pre12 ceding clause (i), by inserting ‘‘, subject to 

13 paragraph (37) and section 3304B,’’ after 

14 ‘‘benefit amount is’’; 

15 (B) in paragraph (36), by striking ‘‘and’’ 

16 at the end; 

17 (C) by redesignating paragraph (37) as 

18 paragraph (38); and 

19 (D) by inserting after paragraph (36) the 

20 following new paragraph: 

21 ‘‘(37) payment of emergency enhanced unem22 ployment compensation shall be paid pursuant to 

23 section 3304B; and’’; and 

24 (2) by inserting after section 3304A, as added 

25 by section 215, the following new section: 

49 

•S 3140 IS

1 ‘‘SEC. 3304B. EMERGENCY ENHANCED UNEMPLOYMENT 

2 COMPENSATION. 

3 ‘‘(a) COMPENSATION.— 

4 ‘‘(1) IN GENERAL.—Subject to the succeeding 

5 provisions of this section, for purposes of section 

6 3304(a)(37), during an emergency period with re7 spect to a State, section 3304(a)(20)(B)(i) shall be 

8 applied with respect to the State by substituting 

9 ‘100 percent’ for ‘at least 75 percent’. The addi10 tional amount an individual receives pursuant to the 

11 application of the preceding sentence shall be re12 ferred to as ‘emergency enhanced unemployment 

13 compensation’. 

14 ‘‘(2) EMERGENCY PERIOD.—For purposes of 

15 paragraph (1), the term ‘emergency period’ means, 

16 with respect to a State, any period during which— 

17 ‘‘(A) a public health emergency has been 

18 declared under section 319 of the Public Health 

19 Service Act with respect to the State (including 

20 a nationwide emergency); or 

21 ‘‘(B) a major disaster or emergency has 

22 been declared by the President under section 

23 401 or 501, respectively, of the Robert T. Staf24 ford Disaster Relief and Emergency Assistance 

25 Act (42 U.S.C. 5170, 5191). 

26 ‘‘(b) PAYMENTS TO STATES.— 

50 

•S 3140 IS

1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) FULL REIMBURSEMENT.—There shall 

3 be paid to each State an amount equal to 100 

4 percent of— 

5 ‘‘(i) the total amount of emergency 

6 enhanced unemployment compensation 

7 paid to individuals by the State pursuant 

8 to this section; and 

9 ‘‘(ii) any additional administrative ex10 penses incurred by the State by reason of 

11 making such payments (as determined by 

12 the Secretary of Labor). 

13 ‘‘(B) TERMS OF PAYMENTS.—Sums pay14 able to any State under this section shall be 

15 payable, either in advance or by way of reim16 bursement (as determined by the Secretary of 

17 Labor), in such amounts as the Secretary of 

18 Labor estimates the State will be entitled to re19 ceive under this section for each calendar 

20 month, reduced or increased, as the case may 

21 be, by any amount by which the Secretary of 

22 Labor finds that the Secretary’s estimates for 

23 any prior calendar month were greater or less 

24 than the amounts that should have been paid to 

25 the State. Such estimates may be made on the 

51 

•S 3140 IS

1 basis of such statistical, sampling, or other 

2 method as may be agreed upon by the Secretary 

3 of Labor and the State agency of the State in4 volved. 

5 ‘‘(2) CERTIFICATIONS.—The Secretary of 

6 Labor shall from time to time certify to the Sec7 retary of the Treasury for payment to each State the 

8 sums payable to such State under this section. 

9 ‘‘(3) DEPOSIT.—Sums payable to any State 

10 under this section shall be deposited in the account 

11 of such State in the Unemployment Trust Fund. 

12 Amounts deposited under preceding sentence may 

13 only be used by the State for the payment of emer14 gency enhanced unemployment compensation under 

15 this section. 

16 ‘‘(4) FUNDING.—There are appropriated from 

17 the general fund of the Treasury, without fiscal year 

18 limitation, such sums as may be necessary for pur19 poses of this section. 

20 ‘‘(c) FRAUD AND OVERPAYMENTS.— 

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

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

23 statement or representation of a material fact, or 

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

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

52 

•S 3140 IS

1 statement or representation or of such nondisclosure 

2 such individual has received an amount of emer3 gency enhanced unemployment compensation to 

4 which such individual was not entitled, such indi5 vidual— 

6 ‘‘(A) shall be ineligible for further emer7 gency enhanced unemployment compensation in 

8 accordance with the provisions of the applicable 

9 State unemployment compensation law relating 

10 to fraud in connection with a claim for unem11 ployment compensation; and 

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

13 section 1001 of title 18, United States Code. 

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

15 who have received amounts of emergency enhanced 

16 unemployment compensation to which they were not 

17 entitled, the State shall require such individuals to 

18 repay the amounts of such emergency enhanced un19 employment compensation to the State agency, ex20 cept that the State agency shall waive such repay21 ment if it determines that— 

22 ‘‘(A) the payment of such emergency en23 hanced unemployment compensation was not 

24 based on fraud on the part of any such indi25 vidual; and 

53 

•S 3140 IS

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 may 

5 recover the amount to be repaid, or any part 

6 thereof, by deductions from any emergency en7 hanced unemployment compensation payable to 

8 such individual or from any unemployment 

9 compensation payable to such individual under 

10 any State or Federal unemployment compensa11 tion law administered by the State agency or 

12 under any other State or Federal law adminis13 tered by the State agency which provides for 

14 the payment of any assistance or allowance with 

15 respect to any week of unemployment, during 

16 the 3-year period after the date such individual 

17 received the payment of the emergency en18 hanced unemployment compensation to which 

19 they were not entitled, in accordance with the 

20 same procedures as apply to the recovery of 

21 overpayments of regular unemployment benefits 

22 paid by the State. 

23 ‘‘(B) OPPORTUNITY FOR HEARING.—No 

24 repayment shall be required, and no deduction 

25 shall be made, until a determination has been 

54 

•S 3140 IS

1 made, notice thereof and an opportunity for a 

2 fair hearing has been given to the individual, 

3 and the determination has become final. 

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

5 agency under this section shall be subject to review 

6 in the same manner and to the same extent as deter7 minations under the State unemployment compensa8 tion law, and only in that manner and to that ex9 tent. 

10 ‘‘(5) DEPOSIT IN STATE UNEMPLOYMENT

11 FUND.—Any amount recovered by a State agency 

12 pursuant to this section shall be deposited in the ac13 count of such State in the Unemployment Trust 

14 Fund. Amounts deposited under preceding sentence 

15 may only be used by the State for the payment of 

16 emergency enhanced unemployment compensation 

17 under this section. 

18 ‘‘(d) PAYMENT TO BE DISREGARDED FOR PURPOSES

19 OF ALL FEDERAL AND FEDERALLY ASSISTED PRO20 GRAMS.—A emergency enhanced unemployment com21 pensation payment shall not be regarded as income and 

22 shall not be regarded as a resource for the month of re23 ceipt and the following 12 months, for purposes of deter24 mining the eligibility of the recipient (or the recipient’s 

25 spouse or family) for benefits or assistance, or the amount 

55 

•S 3140 IS

1 or extent of benefits or assistance, under any Federal pro2 gram or under any State or local program financed in 

3 whole or in part with Federal funds. 

4 ‘‘(e) REGULATIONS.—Not later than 3 months after 

5 the date of enactment of this section, the Secretary of 

6 Labor shall issue regulations to carry out this section.’’. 

7 (b) CONFORMING AMENDMENT.—The table of sec8 tions for chapter 23 of the Internal Revenue Code of 1986, 

9 as amended by section 215, is amended by inserting after 

10 the item relating to section 3304A the following new item: 

‘‘Sec. 3304B. Emergency enhanced unemployment compensation.’’. 

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

12 this section shall apply to weeks of unemployment begin13 ning on or after the earlier of— 

14 (1) the date the State changes its statutes, reg15 ulations, or policies in order to comply with such 

16 amendments; or 

17 (2) January 1, 2025. 

18 TITLE III—JOBSEEKER 

19 ALLOWANCE 

20 SEC. 301. JOBSEEKER ALLOWANCE. 

21 (a) IN GENERAL.—Chapter 23 of the Internal Rev22 enue Code of 1986 is amended— 

23 (1) in section 3304(a), as previously amended 

24 by this Act— 

56 

•S 3140 IS

1 (A) in paragraph (37), by striking ‘‘and’’ 

2 at the end; 

3 (B) by redesignating paragraph (38) as 

4 paragraph (39); and 

5 (C) by inserting after paragraph (37) the 

6 following new paragraph: 

7 ‘‘(38) payment of jobseeker allowances shall be 

8 paid pursuant to section 3304C; and’’; and 

9 (2) by inserting after section 3304B, as added 

10 by section 218, the following new section: 

11 ‘‘SEC. 3304C. JOBSEEKER ALLOWANCE. 

12 ‘‘(a) ALLOWANCE.— 

13 ‘‘(1) IN GENERAL.—Subject to the succeeding 

14 provisions of this section, for purposes of section 

15 3304(a)(38), a State shall provide for a weekly job16 seeker allowance to any eligible individual in accord17 ance with standards established by the Secretary of 

18 Labor. 

19 ‘‘(2) ELIGIBLE INDIVIDUAL.—In this section, 

20 the term ‘eligible individual’ means an individual 

21 who, for any week— 

22 ‘‘(A) is unemployed or partially employed, 

23 including self-employment; 

24 ‘‘(B) is— 

57 

•S 3140 IS

1 ‘‘(i) subject to paragraph (4), able to 

2 work and available to work; and 

3 ‘‘(ii) subject to paragraph (5), actively 

4 seeking work; 

5 ‘‘(C)(i) is at least 19 years of age (or at 

6 least 18 years of age in the case of an indi7 vidual in foster care under the responsibility of 

8 the State); or 

9 ‘‘(ii) has earned a high school diploma or 

10 its recognized equivalent; and 

11 ‘‘(D) subject to paragraph (3), has an ad12 justed gross income for the most recently com13 pleted tax year that does not exceed the con14 tribution and benefit base as determined under 

15 section 230 of the Social Security Act. 

16 ‘‘(3) EXCEPTION TO AGI LIMITATION.—The re17 quirement under paragraph (2)(D) shall not apply to 

18 an individual in a household if, in the past 6 

19 months— 

20 ‘‘(A) another member of such household 

21 has been separated from employment; 

22 ‘‘(B) the individual has become separated 

23 or divorced from their spouse; or 

24 ‘‘(C) another member of the individual’s 

25 household has died. 

58 

•S 3140 IS

1 ‘‘(4) ABLE TO WORK AND AVAILABLE TO

2 WORK.— 

3 ‘‘(A) IN GENERAL.—For purposes of para4 graph (2)(B)(i), subject to subparagraph (B), 

5 an individual shall be considered to be able to 

6 work and available to work as long as any limit 

7 on the individual’s ability to work or availability 

8 to work does not constitute a withdrawal from 

9 the labor market. For purposes of the preceding 

10 sentence, an individual shall not be considered 

11 to have withdrawn from the labor market if the 

12 individual is able to work and available to work 

13 for 8 or more hours per week. 

14 ‘‘(B) EXCEPTIONS.—A jobseeker allowance 

15 shall not be denied to an otherwise eligible indi16 vidual for any week during which the individual 

17 is not able to work and available for work be18 cause the individual— 

19 ‘‘(i) is not available for work outside 

20 of the locality of the individual’s residence; 

21 ‘‘(ii) is not available for work during 

22 hours when they are the primary caregiver 

23 for a child or dependent; 

24 ‘‘(iii) is attending a training course 

25 with the approval of the State agency in 

59 

•S 3140 IS

1 compliance with any regulations issued by 

2 the Secretary of Labor; 

3 ‘‘(iv) is appearing for jury duty before 

4 any court under a lawfully issued sum5 mons; 

6 ‘‘(v) has been temporarily laid off and 

7 is available to work only for the employer 

8 that has temporarily laid off the individual; 

9 or 

10 ‘‘(vi) is temporarily ill or injured. 

11 ‘‘(5) ACTIVELY SEEKING WORK.— 

12 ‘‘(A) IN GENERAL.—For purposes of para13 graph (2)(B)(ii), subject to subparagraphs (B) 

14 and (C), an individual shall be considered to be 

15 actively seeking work if the individual— 

16 ‘‘(i) engages in an active search for 

17 employment that is appropriate in light of 

18 the employment available in the labor mar19 ket and the individual’s skills and capabili20 ties, including a number of employer con21 tacts that is consistent with the standards 

22 developed by the Secretary of Labor and 

23 communicated to the individual; 

60 

•S 3140 IS

1 ‘‘(ii) maintains a record of such work 

2 search, including employers contacted, 

3 method of contact, and date contacted; 

4 ‘‘(iii) when requested, provides such 

5 record to the State agency; and 

6 ‘‘(iv) is registered for employment 

7 services in such a manner and to such ex8 tent as prescribed by the Secretary of 

9 Labor. 

10 ‘‘(B) SPECIAL RULE FOR SELF-EMPLOY11 MENT.—In the case of an individual with a 

12 work history that includes self-employment, the 

13 individual may be considered actively seeking 

14 work if the individual— 

15 ‘‘(i) is engaged in activities (which 

16 may include State-approved entrepre17 neurial training, business counseling, and 

18 technical assistance) relating to resuming 

19 self-employment that meet requirements 

20 established by the Secretary of Labor; 

21 ‘‘(ii) maintains a record of such activi22 ties; and 

23 ‘‘(iii) when requested, provides such 

24 record to the State agency. 

61 

•S 3140 IS

1 ‘‘(C) EXCEPTIONS.—A jobseeker allowance 

2 shall not be denied to an otherwise eligible indi3 vidual for any week during which the individual 

4 is not actively seeking work because the indi5 vidual— 

6 ‘‘(i) is attending a training course 

7 with the approval of the State agency and 

8 the Secretary of Labor; 

9 ‘‘(ii) has been temporarily laid off 

10 with a reasonable expectation the indi11 vidual will return to work soon; 

12 ‘‘(iii) has a specified start date for 

13 new employment; 

14 ‘‘(iv) is appearing for jury duty before 

15 any court under a lawfully issued sum16 mons; or 

17 ‘‘(v) has a compelling reason (as de18 fined in section 3304(g)) or is a survivor 

19 or victim of sexual harassment, other har20 assment, domestic violence, dating violence, 

21 sexual assault, or stalking (as determined 

22 pursuant to section 3304(h)). 

23 ‘‘(6) MAY NOT REFUSE OFFER OF SUITABLE

24 WORK.— 

62 

•S 3140 IS

1 ‘‘(A) IN GENERAL.—Subject to subpara2 graphs (B) and (C), an individual shall not be 

3 eligible for a jobseeker allowance if the indi4 vidual refuses an offer of suitable work. 

5 ‘‘(B) NONSUITABLE WORK.—Work shall 

6 not be considered suitable work for an indi7 vidual if the work— 

8 ‘‘(i) poses an unreasonable risk to the 

9 individual’s health, safety, or morals; 

10 ‘‘(ii) is not within the individual’s ex11 perience, training, or physical capability to 

12 perform; 

13 ‘‘(iii) is outside of the locality of the 

14 individual’s residence or is an unreasonable 

15 distance from such residence; or 

16 ‘‘(iv) meets other criteria established 

17 by the Secretary of Labor. 

18 ‘‘(C) EXCEPTIONS.—A jobseeker allowance 

19 shall not be denied to an otherwise eligible indi20 vidual for any week for refusing an offer of 

21 suitable work if— 

22 ‘‘(i) the position offered is vacant due 

23 directly to a strike, lockout, or other labor 

24 dispute; 

63 

•S 3140 IS

1 ‘‘(ii) the wages, hours, or other condi2 tions of the work offered are substantially 

3 less favorable to the individual than those 

4 prevailing for similar work in the locality; 

5 ‘‘(iii) the position pays wages less 

6 than the higher of— 

7 ‘‘(I) the minimum wage provided 

8 by section 6(a)(1) of the Fair Labor 

9 Standards Act of 1938 (29 U.S.C. 

10 206(a)(1)), without regard to any ex11 emption; and 

12 ‘‘(II) any applicable State or 

13 local minimum wage; 

14 ‘‘(iv) if as a condition of being em15 ployed the individual would be required to 

16 join a company union or to resign from or 

17 refrain from joining any bona fide labor 

18 organization; 

19 ‘‘(v) the position was not offered to 

20 such individual in writing; or 

21 ‘‘(vi) the work meets other criteria es22 tablished by the Secretary. 

23 ‘‘(b) AMOUNT OF JOBSEEKER ALLOWANCE.— 

24 ‘‘(1) AMOUNT.— 

64 

•S 3140 IS

1 ‘‘(A) IN GENERAL.—Subject to the suc2 ceeding provisions of this subsection, the weekly 

3 amount of a jobseeker allowance shall be an 

4 amount equal to— 

5 ‘‘(i) for 2025, $250; and 

6 ‘‘(ii) for 2026 or a subsequent year, 

7 the dollar amount specified in this sub8 paragraph for the preceding year increased 

9 by the percentage change in the Consumer 

10 Price Index for All Urban Consumers for 

11 the 12-month period ending with June of 

12 such preceding year. 

13 ‘‘(B) ROUNDING.—If any amount deter14 mined under subparagraph (A)(ii) is not a mul15 tiple of $1, such amount shall be rounded to the 

16 nearest multiple of $1. 

17 ‘‘(2) REDUCED AMOUNT FOR INDIVIDUALS EX18 CLUSIVELY SEEKING PART-TIME WORK.—In the case 

19 of an eligible individual who is available to work for 

20 less than 20 hours per week, the amount of the job21 seeker allowance for such individual for a week shall 

22 be equal to 50 percent of the jobseeker allowance 

23 that would otherwise apply under paragraph (1) for 

24 such week. 

65 

•S 3140 IS

1 ‘‘(3) REDUCED AMOUNT FOR INDIVIDUALS RE2 CEIVING UNEMPLOYMENT BENEFITS.—In the case of 

3 an eligible individual who is receiving unemployment 

4 compensation under any State of Federal law for a 

5 week, the amount of the jobseeker allowance for 

6 such individual for such week (determined after ap7 plication of paragraph (2)) shall be reduced by the 

8 amount of such regular compensation or extended 

9 compensation for such week. 

10 ‘‘(4) INCREASED AMOUNT FOR CERTAIN INDI11 VIDUALS IN STATES WITH ELEVATED UNEMPLOY12 MENT.— 

13 ‘‘(A) IN GENERAL.—For weeks beginning 

14 in an elevated unemployment period, in the case 

15 of an eligible individual that meets the prior in16 come threshold described in subparagraph (C), 

17 the amount of the jobseeker allowance for such 

18 individual for the week (determined after the 

19 application of paragraphs (2) and (3)) shall be 

20 increased by an amount equal to— 

21 ‘‘(i) the lesser of— 

22 ‘‘(I) an amount equal to 1.4 per23 cent of the amount of the individual’s 

24 earned income for the most recently 

25 completed tax year (or the immeVerDate Sep 11 2014 17:51 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S3140.IS S3140
66 

•S 3140 IS

1 diately preceding tax year, if the indi2 vidual has not filed a return of tax for 

3 the most recently completed tax year); 

4 or 

5 ‘‘(II) two-thirds of the State’s av6 erage weekly wage (as determined by 

7 the Secretary of Labor); reduced by 

8 ‘‘(ii) the amount of the jobseeker al9 lowance for such individual for such week 

10 (determined after application of para11 graphs (2) and (3)); reduced by 

12 ‘‘(iii) the amount of any reduction of 

13 the jobseeker allowance for such individual 

14 for such week pursuant to paragraph (3). 

15 ‘‘(B) ELEVATED UNEMPLOYMENT PE16 RIOD.—For purposes of subparagraph (A), the 

17 term ‘elevated unemployment period’ means any 

18 period during which an extended benefit period 

19 would be in effect under subsection (f) or (g) of 

20 section 203 of the Federal-State Extended Un21 employment Compensation Act of 1970 (26 

22 U.S.C. 3304 note) if such subsection was ap23 plied by substituting ‘7.5 percent’ for ‘5.5 per24 cent’. 

25 ‘‘(C) PRIOR INCOME THRESHOLD.— 

67 

•S 3140 IS

1 ‘‘(i) IN GENERAL.—For purposes of 

2 subparagraph (A), an eligible individual 

3 meets the prior income threshold described 

4 in this subparagraph for a week if— 

5 ‘‘(I) the individual’s earned in6 come for the most recently completed 

7 tax year was equal to or greater than 

8 $10,000; and 

9 ‘‘(II) the individual provides such 

10 documentation of prior earned income 

11 as the Secretary determines appro12 priate, such as, but not limited to, tax 

13 returns, Form W–2s, Form 1099s, 

14 and pay stubs. 

15 ‘‘(ii) INFLATION ADJUSTMENT.— 

16 ‘‘(I) IN GENERAL.—In the case 

17 of any taxable year beginning in a cal18 endar year after 2025, the dollar 

19 amount in clause (i)(I) shall be in20 creased by an amount equal to— 

21 ‘‘(aa) such dollar amount; 

22 multiplied by 

23 ‘‘(bb) the cost-of-living ad24 justment determined under sec25 tion 1(f)(3) for the calendar year 

68 

•S 3140 IS

1 in which the taxable year begins, 

2 determined by substituting ‘cal3 endar year 2020’ for ‘calendar 

4 year 2016’ in subparagraph 

5 (A)(ii) thereof. 

6 ‘‘(II) ROUNDING.—Any increase 

7 determined under subclause (I) shall 

8 be rounded to the nearest multiple of 

9 $100 in the case of an adjustment of 

10 the amount in subsection (a)(1). 

11 ‘‘(D) EARNED INCOME.—In this para12 graph, the term ‘earned income’ has the mean13 ing given that term in section 32(c)(2) of the 

14 Internal Revenue Code of 1986. 

15 ‘‘(5) EARNINGS DISREGARD.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), an individual may earn up to 100 

18 percent of the amount of the individual’s weekly 

19 jobseeker allowance without losing eligibility for 

20 the weekly jobseeker allowance. 

21 ‘‘(B) REDUCTION.—In the case of an indi22 vidual who is not receiving regular compensa23 tion or extended compensation under any State 

24 of Federal law with respect to a week, if the individual’s earnings are greater than 1 25 ⁄4 of the 

69 

•S 3140 IS

1 amount of the individual’s weekly jobseeker al2 lowance (determined after application of para3 graphs (2), (3), and (4)) for the week, the 

4 amount of the individual’s weekly jobseeker al5 lowance (as so determined) for the week shall 

6 be reduced by 75 cents for each dollar earned 

above 1 7 ⁄4 of the amount of the individual’s 

8 weekly jobseeker allowance (as so determined). 

9 ‘‘(c) JOBSEEKER ALLOWANCE ACCOUNT.— 

10 ‘‘(1) IN GENERAL.—A State shall establish, for 

11 each eligible individual who files an application for 

12 a jobseeker allowance, a jobseeker allowance ac13 count. 

14 ‘‘(2) MAXIMUM AMOUNT.—The maximum 

15 amount of a jobseeker allowance payable to any indi16 vidual for whom a jobseeker allowance account is es17 tablished under paragraph (1) may not exceed the 

18 amount established in such account for such indi19 vidual. 

20 ‘‘(3) BASE-TIER JOBSEEKER ALLOWANCE.—The 

21 amount established in an account under paragraph 

22 (1) shall be equal to 26 times the amount of the 

23 weekly jobseeker allowance (as determined under 

24 subsection (b), taking into account the application of 

25 paragraph (4) of such subsection but not taking into 

70 

•S 3140 IS

1 account the application of paragraphs (2), (3), and 

2 (5) of such subsection). Such amount shall be re3 ferred to in this section as the ‘base-tier jobseeker 

4 allowance’. 

5 ‘‘(4) FIRST-TIER JOBSEEKER ALLOWANCE.— 

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

7 the amount added to an individual’s account 

8 under paragraph (3) is exhausted, or at any 

9 time during the individual’s benefit year, such 

10 individual’s State is in an extended benefit pe11 riod under section 203(d) of the Federal-State 

12 Extended Unemployment Compensation Act of 

13 1970 (26 U.S.C. 3304 note), such account shall 

14 be augmented by an amount (in this section re15 ferred to as ‘first-tier jobseeker allowance’) 

16 equal to 13 times the amount of the weekly job17 seeker allowance (as determined under sub18 section (b), taking into account the application 

19 of paragraph (4) of such subsection but not 

20 taking into account the application of para21 graphs (2), (3), and (5) of such subsection). 

22 ‘‘(B) LIMITATION.—The account of an in23 dividual may be augmented not more than once 

24 under this paragraph. 

71 

•S 3140 IS

1 ‘‘(5) SECOND-TIER ADDITIONAL JOBSEEKER

2 ALLOWANCE.— 

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

4 the amount added to an individual’s account 

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

6 time during the individual’s benefit year, such 

7 individual’s State is in a second-tier high unem8 ployment period under section 202(b)(3)(B)(i) 

9 of the Federal-State Extended Unemployment 

10 Compensation Act of 1970 (26 U.S.C. 3304 

11 note), such account shall be augmented by an 

12 amount (in this section referred to as ‘second13 tier jobseeker allowance’) equal to 13 times the 

14 amount of the weekly jobseeker allowance (as 

15 determined under subsection (b) of this section, 

16 taking into account the application of para17 graph (4) of such subsection but not taking into 

18 account the application of paragraphs (2), (3), 

19 and (5) of such subsection). 

20 ‘‘(B) LIMITATION.—The account of an in21 dividual may be augmented not more than once 

22 under this paragraph. 

23 ‘‘(6) THIRD-TIER ADDITIONAL JOBSEEKER AL24 LOWANCE.— 

72 

•S 3140 IS

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

2 the amount added to an individual’s account 

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

4 time during the individual’s benefit year, such 

5 individual’s State is in a third-tier high unem6 ployment period under section 202(b)(3)(B)(ii) 

7 of the Federal-State Extended Unemployment 

8 Compensation Act of 1970 (26 U.S.C. 3304 

9 note), such account shall be augmented by an 

10 amount (in this section referred to as ‘third-tier 

11 jobseeker allowance’) equal to 13 times the 

12 amount of the weekly jobseeker allowance (as 

13 determined under subsection (b) of this section, 

14 taking into account the application of para15 graph (4) of such subsection but not taking into 

16 account the application of paragraphs (2), (3), 

17 and (5) of such subsection). 

18 ‘‘(B) LIMITATION.—The account of an in19 dividual may be augmented not more than once 

20 under this paragraph. 

21 ‘‘(7) FOURTH-TIER ADDITIONAL JOBSEEKER

22 ALLOWANCE.— 

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

24 the amount added to an individual’s account 

25 under paragraph (6) is exhausted, or at any 

73 

•S 3140 IS

1 time during the individual’s benefit year, such 

2 individual’s State is in a fourth-tier high unem3 ployment period under section 202(b)(3)(B)(iii) 

4 of the Federal-State Extended Unemployment 

5 Compensation Act of 1970 (26 U.S.C. 3304 

6 note), such account shall be augmented by an 

7 amount (in this section referred to as ‘fourth8 tier jobseeker allowance’) equal to 13 times the 

9 amount of the weekly jobseeker allowance (as 

10 determined under subsection (b) of this section, 

11 taking into account the application of para12 graph (4) of such subsection but not taking into 

13 account the application of paragraphs (2), (3), 

14 and (5) of such subsection). 

15 ‘‘(B) LIMITATION.—The account of an in16 dividual may be augmented not more than once 

17 under this paragraph. 

18 ‘‘(d) PAYMENTS TO STATES.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) FULL REIMBURSEMENT.—There shall 

21 be paid to each State an amount equal to 100 

22 percent of— 

23 ‘‘(i) the total amount of jobseeker al24 lowances paid to individuals by the State 

25 pursuant to this section; and 

74 

•S 3140 IS

1 ‘‘(ii) any additional administrative ex2 penses incurred by the State by reason of 

3 making such payments (as determined by 

4 the Secretary of Labor). 

5 ‘‘(B) TERMS OF PAYMENTS.—Sums pay6 able to any State under this section shall be 

7 payable, either in advance or by way of reim8 bursement (as determined by the Secretary of 

9 Labor), in such amounts as the Secretary of 

10 Labor estimates the State will be entitled to re11 ceive under this section for each calendar 

12 month, reduced or increased, as the case may 

13 be, by any amount by which the Secretary of 

14 Labor finds that the Secretary’s estimates for 

15 any prior calendar month were greater or less 

16 than the amounts that should have been paid to 

17 the State. Such estimates may be made on the 

18 basis of such statistical, sampling, or other 

19 method as may be agreed upon by the Secretary 

20 of Labor and the State agency of the State in21 volved. 

22 ‘‘(2) CERTIFICATIONS.—The Secretary of 

23 Labor shall from time to time certify to the Sec24 retary of the Treasury for payment to each State the 

25 sums payable to such State under this section. 

75 

•S 3140 IS

1 ‘‘(3) DEPOSIT.—Sums payable to any State 

2 under this section shall be deposited in the account 

3 of such State in the Unemployment Trust Fund. 

4 Amounts deposited under preceding sentence may 

5 only be used by the State for the payment of job6 seeker allowances under this section. 

7 ‘‘(4) FUNDING.—There are appropriated from 

8 the general fund of the Treasury, without fiscal year 

9 limitation, such sums as may be necessary for pur10 poses of this section. 

11 ‘‘(e) FRAUD AND OVERPAYMENTS.— 

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

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

14 statement or representation of a material fact, or 

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

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

17 statement or representation or of such nondisclosure 

18 such individual has received an amount of jobseeker 

19 allowances to which such individual was not entitled, 

20 such individual— 

21 ‘‘(A) shall be ineligible for further job22 seeker allowances in accordance with the provi23 sions of the applicable State unemployment 

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76 

•S 3140 IS

1 tion with a claim for unemployment compensa2 tion; and 

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

4 section 1001 of title 18, United States Code. 

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

6 who have received amounts of jobseeker allowances 

7 to which they were not entitled, the State shall re8 quire such individuals to repay the amounts of such 

9 jobseeker allowances to the State agency, except that 

10 the State agency shall waive such repayment if it de11 termines that— 

12 ‘‘(A) the payment of such jobseeker allow13 ance was not based on fraud on the part of any 

14 such individual; and 

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

16 equity and good conscience. 

17 ‘‘(3) RECOVERY BY STATE AGENCY.— 

18 ‘‘(A) IN GENERAL.—The State agency may 

19 recover the amount to be repaid, or any part 

20 thereof, by deductions from any jobseeker al21 lowance payable to such individual or from any 

22 unemployment compensation payable to such 

23 individual under any State or Federal unem24 ployment compensation law administered by the 

25 State agency or under any other State or FedVerDate Sep 11 2014 17:51 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S3140.IS S3140
77 

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1 eral law administered by the State agency 

2 which provides for the payment of any assist3 ance or allowance with respect to any week of 

4 unemployment, during the 3-year period after 

5 the date such individual received the payment 

6 of the jobseeker allowance to which they were 

7 not entitled, in accordance with the same proce8 dures as apply to the recovery of overpayments 

9 of regular unemployment benefits paid by the 

10 State. 

11 ‘‘(B) OPPORTUNITY FOR HEARING.—No 

12 repayment shall be required, and no deduction 

13 shall be made, until a determination has been 

14 made, notice thereof and an opportunity for a 

15 fair hearing has been given to the individual, 

16 and the determination has become final. 

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

18 agency under this section shall be subject to review 

19 in the same manner and to the same extent as deter20 minations under the State unemployment compensa21 tion law, and only in that manner and to that ex22 tent. 

23 ‘‘(5) DEPOSIT IN STATE UNEMPLOYMENT

24 FUND.—Any amount recovered by a State agency 

25 pursuant to this section shall be deposited in the acVerDate Sep 11 2014 17:51 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S3140.IS S3140
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1 count of such State in the Unemployment Trust 

2 Fund. Amounts deposited under preceding sentence 

3 may only be used by the State for the payment of 

4 jobseeker allowances under this section. 

5 ‘‘(f) PAYMENT TO BE DISREGARDED FOR PURPOSES

6 OF ALL FEDERAL AND FEDERALLY ASSISTED PRO7 GRAMS.—A jobseeker allowance payment shall not be re8 garded as income and shall not be regarded as a resource 

9 for the month of receipt and the following 12 months, for 

10 purposes of determining the eligibility of the recipient (or 

11 the recipient’s spouse or family) for benefits or assistance, 

12 or the amount or extent of benefits or assistance, under 

13 any Federal program or under any State or local program 

14 financed in whole or in part with Federal funds. 

15 ‘‘(g) REGULATIONS.—Not later than 3 months after 

16 the date of enactment of this section, the Secretary of 

17 Labor shall issue regulations to carry out this section.’’. 

18 (b) PERMISSIBLE USE OF FUNDS.— 

19 (1) INTERNAL REVENUE CODE OF 1986.—Sec20 tion 3304(a)(4) of the Internal Revenue Code of 

21 1986, as amended by section 215, is amended— 

22 (A) in subparagraph (G)(ii), by striking 

23 ‘‘and’’ at the end; 

24 (B) in subparagraph (H), by inserting 

25 ‘‘and’’ at the end; and 

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1 (C) by adding at the end the following: 

2 ‘‘(I) amounts may be withdrawn for the 

3 payment of jobseeker allowances under section 

4 3304C;’’. 

5 (2) SOCIAL SECURITY ACT.—Section 303(a)(5) 

6 of the Social Security Act, as amended by section 

7 215, is amended by striking ‘‘; and’’ at the end and 

8 inserting ‘‘: Provided further, That amounts may be 

9 withdrawn for the payment of jobseeker allowances 

10 under section 3304C; and’’. 

11 (c) CONFORMING AMENDMENT.—The table of sec12 tions for chapter 23 of the Internal Revenue Code of 1986, 

13 as amended by sections 215 and 218, is amended by in14 serting after the item relating to section 3304B the fol15 lowing new item: 

‘‘Sec. 3304C. Jobseeker allowance.’’. 

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

17 this section shall apply to weeks of unemployment begin18 ning on or after the earlier of— 

19 (1) the date the State changes its statutes, reg20 ulations, or policies in order to comply with such 

21 amendments; or 

22 (2) January 1, 2025. 

Æ