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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7762 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 7762

To provide continued support for workers during the COVID-19 pandemic, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2020

     Ms. Torres Small of New Mexico (for herself and Mr. Horsford) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL

 
To provide continued support for workers during the COVID-19 pandemic, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Back on Your Feet Act of 2020''.

SEC. 2. CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS UNABLE TO SAFELY 
              RETURN TO WORK.

    (a) Extension of Federal Pandemic Unemployment Compensation.--
            (1) In general.--Section 2104(e) of the CARES Act (15 
        U.S.C. 9023(e)) is amended to read as follows:
    ``(e) Applicability.--
            ``(1) In general.--An agreement entered into under this 
        section shall apply to weeks of unemployment--
                    ``(A) beginning after the date on which such 
                agreement is entered into; and
                    ``(B) ending on or before January 31, 2021.
            ``(2) Transition rule for individuals remaining entitled to 
        regular compensation as of january 31, 2021.--In the case of 
        any individual who, as of the date specified in paragraph 
        (1)(B), has not yet exhausted all rights to regular 
        compensation under the State law of a State with respect to a 
        benefit year that began before such date, Federal Pandemic 
        Unemployment Compensation shall continue to be payable to such 
        individual for any week beginning on or after such date for 
        which the individual is otherwise eligible for regular 
        compensation with respect to such benefit year.
            ``(3) Termination.--Notwithstanding any other provision of 
        this subsection, no Federal Pandemic Unemployment Compensation 
        shall be payable for any week beginning after July 31, 2021.''.
            (2) Limitation on application of transition rule.--Section 
        2104(g) of such Act is amended by inserting ``(except for 
        subsection (e)(2))'' after ``the preceding provisions of this 
        section''.
            (3) Disregard of federal pandemic unemployment compensation 
        for certain purposes.--Section 2104(h) of such Act is amended 
        to read as follows:
    ``(h) Disregard of Federal Pandemic Unemployment Compensation for 
Purposes of All Federal and Federally Assisted Programs.--A Federal 
Pandemic Unemployment Compensation payment shall not be regarded as 
income and shall not be regarded as a resource for the month of receipt 
and the following 9 months, for purposes of determining the eligibility 
of the recipient (or the recipient's spouse or family) for benefits or 
assistance, or the amount or extent of benefits or assistance, under 
any Federal program or under any State or local program financed in 
whole or in part with Federal funds.''.
    (b) Extension and Benefit Phaseout Rule for Pandemic Unemployment 
Assistance.--Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``paragraph (2)'' and inserting 
                ``paragraphs (2) and (3)''; and
                    (B) in subparagraph (A)(ii), by striking ``December 
                31, 2020'' and inserting ``January 31, 2021''; and
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) Transition rule for individuals remaining entitled to 
        pandemic unemployment assistance as of january 31, 2021.--
                    ``(A) In general.--In the case of any individual 
                who, as of the date specified in paragraph (1)(A)(ii), 
                is receiving Pandemic Unemployment Assistance but has 
                not yet exhausted all rights to such assistance under 
                this section, Pandemic Unemployment Assistance shall 
                continue to be payable to such individual for any week 
                beginning on or after such date for which the 
                individual is otherwise eligible for Pandemic 
                Unemployment Assistance.
                    ``(B) Termination.--Notwithstanding any other 
                provision of this subsection, no Pandemic Unemployment 
                Assistance shall be payable for any week beginning 
                after October 31, 2021.''.
    (c) Extension and Benefit Phaseout Rule for Pandemic Emergency 
Unemployment Compensation.--Section 2107(g) of the CARES Act (15 U.S.C. 
9025(g)) is amended to read as follows:
    ``(g) Applicability.--
            ``(1) In general.--An agreement entered into under this 
        section shall apply to weeks of unemployment--
                    ``(A) beginning after the date on which such 
                agreement is entered into; and
                    ``(B) ending on or before January 31, 2021.
            ``(2) Transition rule for individuals remaining entitled to 
        pandemic emergency unemployment compensation as of january 31, 
        2021.--In the case of any individual who, as of the date 
        specified in paragraph (1)(A)(ii), is receiving Pandemic 
        Emergency Unemployment Compensation but has not yet exhausted 
        all rights to such assistance under this section, Pandemic 
        Emergency Unemployment Compensation shall continue to be 
        payable to such individual for any week beginning on or after 
        such date for which the individual is otherwise eligible for 
        Pandemic Emergency Unemployment Compensation.
            ``(3) Termination.--Notwithstanding any other provision of 
        this subsection, no Pandemic Emergency Unemployment 
        Compensation shall be payable for any week beginning after 
        April 30, 2021.''.

SEC. 3. BACK ON YOUR FEET PAY TO SUPPORT RETURN TO WORK.

    (a) In General.--Section 2104(b) of the CARES Act (15 U.S.C. 
9023(b)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2) Back on your feet pay.--
                    ``(A) In general.--Any agreement under this section 
                shall also provide that the State agency of the State 
                shall make a one-time payment in the amount of $3,600 
                to each individual who--
                            ``(i) was eligible for Federal Pandemic 
                        Unemployment Compensation under paragraph (1) 
                        for any week beginning after the date of 
                        enactment of the Back on Your Feet Act of 2020; 
                        and
                            ``(ii) is no longer so eligible (as 
                        determined by the State), as a result of 
                        earnings due to commencing employment.
                A payment made to an individual under this subparagraph 
                shall be made as soon as practicable after the last 
                week for which the individual is so eligible. In no 
                case may an individual receive more than one payment 
                under this subparagraph.
                    ``(B) Period of ineligibility.--Notwithstanding any 
                other provision of this section, an individual who 
                receives a payment under subparagraph (A) shall be 
                ineligible for Federal Pandemic Unemployment 
                Compensation for a 6-week period beginning with the 
                first week in which the individual commenced employment 
                as described in such subparagraph.
                    ``(C) Special rule.--Payments made pursuant to an 
                agreement under this paragraph shall not be considered 
                to violate the withdrawal requirements of section 
                303(a)(5) of the Social Security Act (42 U.S.C. 
                503(a)(5)) or section 3304(a)(4) of the Internal 
                Revenue Code of 1986.
                    ``(D) Tax treatment of payment.--Federal individual 
                income tax attributable to a payment under subparagraph 
                (A) shall be deducted and withheld from such payment at 
                a rate of 10 percent if an individual receiving such 
                payment makes a request to the State for such deduction 
                and withholding.''.
    (b) Conforming Amendments.--Section 2104 of such Act is amended--
            (1) by inserting ``and payments under subsection (b)(2)'' 
        after ``Federal Pandemic Unemployment Compensation'' each place 
        it appears in subsection (d) or (f) of such section; and
            (2) in subsection (g), by inserting ``, as such provisions 
        apply with respect to Federal Pandemic Unemployment 
        Compensation,'' after ``the preceding provisions of this 
        section''.
    (c) Applicability of Amendments.--The amendments made by this 
section shall apply only in the case of States that receive an 
emergency administration grant under section 903(j) of the Social 
Security Act.

SEC. 4. STATE POLICIES ENSURING SAFE RETURN TO WORK AND EMERGENCY 
              TRANSFERS FOR UNEMPLOYMENT CLAIMS PROCESSING AND BENEFIT 
              ADMINISTRATION.

    (a) In General.--Section 903 of the Social Security Act (42 U.S.C. 
1103) is amended by adding at the end the following:

``State Policies to Ensure Safe Return to Work and Emergency Transfers 
                           for Administration

    ``(j)(1)(A) In addition to any other amounts, the Secretary of 
Labor shall provide for the making of emergency administration grants 
to the accounts of the States in the Unemployment Trust Fund, by 
transfer from amounts reserved for that purpose in the Federal 
unemployment account, in accordance with succeeding provisions of this 
subsection.
    ``(B) The amount of an emergency administration grant with respect 
to a State shall, as determined by the Secretary of Labor, be equal to 
$2,000,000,000 multiplied by the ratio that the amount certified for 
the base administrative grant to the State for fiscal year 2020 under 
section 302(a) bears to the total amount certified for base 
administrative grants to all States for fiscal year 2020 under such 
section.
    ``(C) The amount described in subparagraph (B) with respect to a 
State shall be transferred to the account of such State upon a 
certification by the Secretary of Labor to the Secretary of the 
Treasury that the State has provided documentation of policies, 
regulations, or laws demonstrating that the State will, as a condition 
of the grant at least through the end of calendar year 2021--
            ``(i) provide that if unreasonable health and safety risks 
        are present with respect to an employment position for an 
        individual or any member of the individual's household, due to 
        employer safety policies or to specific risk factors of the 
        individual or member of the individual's household 
        (particularly in the case of older, immunocompromised, or 
        disabled individuals), the presence of such risks constitutes 
        good cause--
                    ``(I) for the individual to separate from such 
                employment position; and
                    ``(II) in the case of an individual who is 
                unemployed, for refusing an offer of suitable 
                employment in such employment position (regardless of 
                whether such offer of employment would pay wages that 
                are equal to or greater than the individual's previous 
                wages); and
            ``(ii) provide that in the case of individuals who have 
        received amounts of unemployment compensation to which they 
        were not entitled, the State shall require such individuals to 
        repay the amounts of unemployment compensation to the State 
        agency, except that the State agency shall waive such repayment 
        if it determines that--
                    ``(I) the payment of such unemployment compensation 
                was without fault on the part of any such individual; 
                and
                    ``(II) such repayment would be contrary to equity 
                and good conscience.
    ``(2) Any amount transferred to the account of a State under this 
subsection may be used by such State only for the administration of its 
unemployment compensation law, including information technology systems 
improvements and upgrades that enhance the user experience and 
timeliness of--
            ``(A) applying for benefits;
            ``(B) processing of benefits;
            ``(C) receiving benefits; and
            ``(D) implementing future policy changes including 
        flexibility in reprogramming.
A State shall conduct user testing of any such improvements and 
upgrades in advance of full implementation to ensure that they will 
meet each of the criteria described in this paragraph, including during 
any potential surges in the number of initial claims.
    ``(3) A State seeking a grant under this subsection shall submit an 
application to the Secretary of Labor with such information as the 
Secretary may require not later than June 30, 2022. The Secretary of 
Labor shall assist states in meeting the conditions of receiving the 
grant, including by providing technical assistance and guidance.
    ``(4)(A) Notwithstanding any other provision of law, the Secretary 
of the Treasury shall transfer from the general fund of the Treasury 
(from funds not otherwise appropriated) to the employment security 
administration account (as established by section 901 of the Social 
Security Act) such sums as the Secretary of Labor estimates to be 
necessary for purposes of making the transfers described in paragraph 
(1)(C).
    ``(B) There are appropriated from the general fund of the Treasury, 
without fiscal year limitation, the sums referred to in the preceding 
sentence and such sums shall not be required to be repaid.''.
    (b) Grants to Certain Territories for Administration of Pandemic 
Unemployment Assistance and Federal Pandemic Unemployment 
Compensation.--
            (1) In general.--The Secretary of Labor shall make an 
        emergency grant to each of the territories specified in 
        paragraph (2), in an amount to be allocated proportionately 
        based on population, for the administration of Pandemic 
        Unemployment Assistance and Federal Pandemic Unemployment 
        Compensation in such territory.
            (2) Eligible territories.--The Territories specified in 
        this paragraph are Guam, American Samoa, the Commonwealth of 
        the Northern Mariana Islands, the Federated States of 
        Micronesia, the Republic of the Marshall Islands, and the 
        Republic of Palau.
            (3) Application.--A territory seeking a grant under this 
        subsection shall submit an application to the Secretary of 
        Labor with such information as the Secretary may require not 
        later than June 30, 2022. The Secretary of Labor shall assist 
        territories in meeting the conditions of receiving the grant, 
        including by providing technical assistance and guidance. An 
        application submitted by a territory for a grant under this 
        subsection shall include documentation of policies, 
        regulations, or laws demonstrating that the territory will, as 
        a condition of the grant at least through the end of calendar 
        year 2021, satisfy the requirements of clauses (i) and (ii) of 
        section 903(j)(1)(C) of the Social Security Act.
            (4) Funding.--There are appropriated from the general fund 
        of the Treasury, out of any money in the Treasury not otherwise 
        appropriated, $3,000,000 for grants under this subsection, to 
        remain available until expended.

SEC. 5. WAIVER AUTHORITY FOR CERTAIN OVERPAYMENTS OF PANDEMIC 
              UNEMPLOYMENT ASSISTANCE.

    Section 2102(d) of the CARES Act (15 U.S.C. 9021(d)) is amended by 
adding at the end the following:
            ``(4) Waiver authority.--In the case of individuals who 
        have received amounts of Pandemic Unemployment Assistance to 
        which they were not entitled, the State shall require such 
        individuals to repay the amounts of such Pandemic Unemployment 
        Assistance to the State agency, except that the State agency 
        shall waive such repayment if it determines that--
                    ``(A) the payment of such Pandemic Unemployment 
                Assistance was without fault on the part of any such 
                individual; and
                    ``(B) such repayment would be contrary to equity 
                and good conscience.''.

SEC. 6. STATE REPORTING ON CLAIMS BACKLOGS.

    (a) In General.--Section 2104 of the CARES Act (15 U.S.C. 9023) is 
amended by adding at the end the following:
    ``(j) State Accountability Relating to Claims Backlogs.--As a 
condition of any agreement under this section, the following rules 
shall apply:
            ``(1) Claims reporting.--
                    ``(A) In general.--Each State participating in such 
                an agreement shall submit to the Secretary of Labor on 
                a weekly basis a report on the status in the State of 
                any backlog of the processing of unemployment claims, 
                including claims for regular compensation, extended 
                compensation, Pandemic Unemployment Assistance, and 
                Pandemic Emergency Unemployment Compensation. Such 
                report shall include a description, with respect to the 
                previous week, of each of the following:
                            ``(i) The number of initial claims still in 
                        process, disaggregated by the number of such 
                        claims still pending--
                                    ``(I) because of nonmonetary 
                                determinations;
                                    ``(II) because of monetary 
                                determinations;
                                    ``(III) because of suspected fraud; 
                                and
                                    ``(IV) for any other reason.
                            ``(ii) The number of initial claims denied.
                            ``(iii) The number of individuals with 
                        respect to whom a continued claim was paid.
                            ``(iv) The number of individuals with 
                        respect to whom a continued claim is still in 
                        process, disaggregated by the number of such 
                        claims still pending--
                                    ``(I) because of nonmonetary 
                                determinations;
                                    ``(II) because of monetary 
                                determinations;
                                    ``(III) because of suspected fraud; 
                                and
                                    ``(IV) for any other reason.
                            ``(v) The number of individuals with 
                        respect to whom a continued claims was denied.
                    ``(B) Report to congress.--Upon receipt of a report 
                described in subparagraph (A), the Secretary of Labor 
                shall publish such report on the website of the 
                Department of Labor and shall submit such report to the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Finance of the 
                Senate.
            ``(2) Corrective action plans.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this subsection and at least every 
                90 days thereafter, each State participating in such an 
                agreement shall submit to the Secretary of Labor a 
                corrective action plan that includes a description of 
                the actions the State has taken and intends to take to 
                address any backlog of the processing of unemployment 
                claims described in paragraph (1)(A).
                    ``(B) Technical assistance.--The Secretary of Labor 
                shall make technical assistance available to States to 
                the extent feasible to enable States to develop and 
                implement corrective action plans in accordance with 
                this paragraph. If the Secretary of Labor determines at 
                any time that a State has failed to take reasonable 
                actions under a corrective action plan to address a 
                claims backlog, the State shall collaborate with the 
                Secretary to develop a subsequent corrective action 
                plan to achieve clearly defined, targeted outcomes.
                    ``(C) Report to congress.--Upon receipt of a 
                corrective action plan described in subparagraph (A), 
                the Secretary of Labor shall publish such plan on the 
                website of the Department of Labor and shall submit 
                such report to the Committee on Ways and Means of the 
                House of Representatives and the Committee on Finance 
                of the Senate.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to weeks beginning after the date of enactment of 
this Act.
                                 <all>
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