I 

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 COVID19 pandemic, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Back on Your Feet 

5 Act of 2020’’. 

6 SEC. 2. CONTINUED ASSISTANCE TO UNEMPLOYED WORK7 ERS UNABLE TO SAFELY RETURN TO WORK. 

8 (a) EXTENSION OF FEDERAL PANDEMIC UNEMPLOY9 MENT COMPENSATION.— 


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1 (1) IN GENERAL.—Section 2104(e) of the 

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

3 as follows: 

4 ‘‘(e) APPLICABILITY.— 

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

6 under this section shall apply to weeks of unemploy7 ment— 

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

9 such agreement is entered into; and 

10 ‘‘(B) ending on or before January 31, 

11 2021. 

12 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE13 MAINING ENTITLED TO REGULAR COMPENSATION AS

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

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

16 has not yet exhausted all rights to regular com17 pensation under the State law of a State with re18 spect to a benefit year that began before such date, 

19 Federal Pandemic Unemployment Compensation 

20 shall continue to be payable to such individual for 

21 any week beginning on or after such date for which 

22 the individual is otherwise eligible for regular com23 pensation with respect to such benefit year. 

24 ‘‘(3) TERMINATION.—Notwithstanding any 

25 other provision of this subsection, no Federal PanVerDate Sep 11 2014 23:37 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7762.IH H7762

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1 demic Unemployment Compensation shall be payable 

2 for any week beginning after July 31, 2021.’’. 

3 (2) LIMITATION ON APPLICATION OF TRANSI4 TION RULE.—Section 2104(g) of such Act is amend5 ed by inserting ‘‘(except for subsection (e)(2))’’ after 

6 ‘‘the preceding provisions of this section’’. 

7 (3) DISREGARD OF FEDERAL PANDEMIC UNEM8 PLOYMENT COMPENSATION FOR CERTAIN PUR9 POSES.—Section 2104(h) of such Act is amended to 

10 read as follows: 

11 ‘‘(h) DISREGARD OF FEDERAL PANDEMIC UNEM12 PLOYMENT COMPENSATION FOR PURPOSES OF ALL FED13 ERAL AND FEDERALLY ASSISTED PROGRAMS.—A Federal 

14 Pandemic Unemployment Compensation payment shall 

15 not be regarded as income and shall not be regarded as 

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

17 months, for purposes of determining the eligibility of the 

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

19 or assistance, or the amount or extent of benefits or assist20 ance, under any Federal program or under any State or 

21 local program financed in whole or in part with Federal 

22 funds.’’. 

23 (b) EXTENSION AND BENEFIT PHASEOUT RULE FOR

24 PANDEMIC UNEMPLOYMENT ASSISTANCE.—Section 


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1 2102(c) of the CARES Act (15 U.S.C. 9021(c)) is amend2 ed— 

3 (1) in paragraph (1)— 

4 (A) by striking ‘‘paragraph (2)’’ and in5 serting ‘‘paragraphs (2) and (3)’’; and 

6 (B) in subparagraph (A)(ii), by striking 

7 ‘‘December 31, 2020’’ and inserting ‘‘January 

8 31, 2021’’; and 

9 (2) by redesignating paragraph (3) as para10 graph (4); and 

11 (3) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) TRANSITION RULE FOR INDIVIDUALS RE14 MAINING ENTITLED TO PANDEMIC UNEMPLOYMENT

15 ASSISTANCE AS OF JANUARY 31, 2021.— 

16 ‘‘(A) IN GENERAL.—In the case of any in17 dividual who, as of the date specified in para18 graph (1)(A)(ii), is receiving Pandemic Unem19 ployment Assistance but has not yet exhausted 

20 all rights to such assistance under this section, 

21 Pandemic Unemployment Assistance shall con22 tinue to be payable to such individual for any 

23 week beginning on or after such date for which 

24 the individual is otherwise eligible for Pandemic 

25 Unemployment Assistance. 


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1 ‘‘(B) TERMINATION.—Notwithstanding 

2 any other provision of this subsection, no Pan3 demic Unemployment Assistance shall be pay4 able for any week beginning after October 31, 

5 2021.’’. 

6 (c) EXTENSION AND BENEFIT PHASEOUT RULE FOR

7 PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSA8 TION.—Section 2107(g) of the CARES Act (15 U.S.C. 

9 9025(g)) is amended to read as follows: 

10 ‘‘(g) APPLICABILITY.— 

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

12 under this section shall apply to weeks of unemploy13 ment— 

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

15 such agreement is entered into; and 

16 ‘‘(B) ending on or before January 31, 

17 2021. 

18 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE19 MAINING ENTITLED TO PANDEMIC EMERGENCY UN20 EMPLOYMENT COMPENSATION AS OF JANUARY 31, 

21 2021.—In the case of any individual who, as of the 

22 date specified in paragraph (1)(A)(ii), is receiving 

23 Pandemic Emergency Unemployment Compensation 

24 but has not yet exhausted all rights to such assist25 ance under this section, Pandemic Emergency UnVerDate Sep 11 2014 23:37 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7762.IH H7762

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1 employment Compensation shall continue to be pay2 able to such individual for any week beginning on or 

3 after such date for which the individual is otherwise 

4 eligible for Pandemic Emergency Unemployment 

5 Compensation. 

6 ‘‘(3) TERMINATION.—Notwithstanding any 

7 other provision of this subsection, no Pandemic 

8 Emergency Unemployment Compensation shall be 

9 payable for any week beginning after April 30, 

10 2021.’’. 

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

12 WORK. 

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

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

15 (1) by redesignating paragraph (2) as para16 graph (3); and 

17 (2) by inserting after paragraph (1) the fol18 lowing: 

19 ‘‘(2) BACK ON YOUR FEET PAY.— 

20 ‘‘(A) IN GENERAL.—Any agreement under 

21 this section shall also provide that the State 

22 agency of the State shall make a one-time pay23 ment in the amount of $3,600 to each indi24 vidual who— 


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1 ‘‘(i) was eligible for Federal Pandemic 

2 Unemployment Compensation under para3 graph (1) for any week beginning after the 

4 date of enactment of the Back on Your 

5 Feet Act of 2020; and 

6 ‘‘(ii) is no longer so eligible (as deter7 mined by the State), as a result of earn8 ings due to commencing employment. 

9 A payment made to an individual under this 

10 subparagraph shall be made as soon as prac11 ticable after the last week for which the indi12 vidual is so eligible. In no case may an indi13 vidual receive more than one payment under 

14 this subparagraph. 

15 ‘‘(B) PERIOD OF INELIGIBILITY.—Not16 withstanding any other provision of this section, 

17 an individual who receives a payment under 

18 subparagraph (A) shall be ineligible for Federal 

19 Pandemic Unemployment Compensation for a 

20 6-week period beginning with the first week in 

21 which the individual commenced employment as 

22 described in such subparagraph. 

23 ‘‘(C) SPECIAL RULE.—Payments made 

24 pursuant to an agreement under this paragraph 

25 shall not be considered to violate the withdrawal 


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1 requirements of section 303(a)(5) of the Social 

2 Security Act (42 U.S.C. 503(a)(5)) or section 

3 3304(a)(4) of the Internal Revenue Code of 

4 1986. 

5 ‘‘(D) TAX TREATMENT OF PAYMENT.— 

6 Federal individual income tax attributable to a 

7 payment under subparagraph (A) shall be de8 ducted and withheld from such payment at a 

9 rate of 10 percent if an individual receiving 

10 such payment makes a request to the State for 

11 such deduction and withholding.’’. 

12 (b) CONFORMING AMENDMENTS.—Section 2104 of 

13 such Act is amended— 

14 (1) by inserting ‘‘and payments under sub15 section (b)(2)’’ after ‘‘Federal Pandemic Unemploy16 ment Compensation’’ each place it appears in sub17 section (d) or (f) of such section; and 

18 (2) in subsection (g), by inserting ‘‘, as such 

19 provisions apply with respect to Federal Pandemic 

20 Unemployment Compensation,’’ after ‘‘the preceding 

21 provisions of this section’’. 

22 (c) APPLICABILITY OF AMENDMENTS.—The amend23 ments made by this section shall apply only in the case 

24 of States that receive an emergency administration grant 

25 under section 903(j) of the Social Security Act. 


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1 SEC. 4. STATE POLICIES ENSURING SAFE RETURN TO 

2 WORK AND EMERGENCY TRANSFERS FOR UN3 EMPLOYMENT CLAIMS PROCESSING AND 

4 BENEFIT ADMINISTRATION. 

5 (a) IN GENERAL.—Section 903 of the Social Security 

6 Act (42 U.S.C. 1103) is amended by adding at the end 

7 the following: 

8 ‘‘State Policies to Ensure Safe Return to Work and 

9 Emergency Transfers for Administration 

10 ‘‘(j)(1)(A) In addition to any other amounts, the Sec11 retary of Labor shall provide for the making of emergency 

12 administration grants to the accounts of the States in the 

13 Unemployment Trust Fund, by transfer from amounts re14 served for that purpose in the Federal unemployment ac15 count, in accordance with succeeding provisions of this 

16 subsection. 

17 ‘‘(B) The amount of an emergency administration 

18 grant with respect to a State shall, as determined by the 

19 Secretary of Labor, be equal to $2,000,000,000 multiplied 

20 by the ratio that the amount certified for the base admin21 istrative grant to the State for fiscal year 2020 under sec22 tion 302(a) bears to the total amount certified for base 

23 administrative grants to all States for fiscal year 2020 

24 under such section. 

25 ‘‘(C) The amount described in subparagraph (B) with 

26 respect to a State shall be transferred to the account of 


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1 such State upon a certification by the Secretary of Labor 

2 to the Secretary of the Treasury that the State has pro3 vided documentation of policies, regulations, or laws dem4 onstrating that the State will, as a condition of the grant 

5 at least through the end of calendar year 2021— 

6 ‘‘(i) provide that if unreasonable health and 

7 safety risks are present with respect to an employ8 ment position for an individual or any member of 

9 the individual’s household, due to employer safety 

10 policies or to specific risk factors of the individual or 

11 member of the individual’s household (particularly in 

12 the case of older, immunocompromised, or disabled 

13 individuals), the presence of such risks constitutes 

14 good cause— 

15 ‘‘(I) for the individual to separate from 

16 such employment position; and 

17 ‘‘(II) in the case of an individual who is 

18 unemployed, for refusing an offer of suitable 

19 employment in such employment position (re20 gardless of whether such offer of employment 

21 would pay wages that are equal to or greater 

22 than the individual’s previous wages); and 

23 ‘‘(ii) provide that in the case of individuals who 

24 have received amounts of unemployment compensa25 tion to which they were not entitled, the State shall 


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1 require such individuals to repay the amounts of un2 employment compensation to the State agency, ex3 cept that the State agency shall waive such repay4 ment if it determines that— 

5 ‘‘(I) the payment of such unemployment 

6 compensation was without fault on the part of 

7 any such individual; and 

8 ‘‘(II) such repayment would be contrary to 

9 equity and good conscience. 

10 ‘‘(2) Any amount transferred to the account of a 

11 State under this subsection may be used by such State 

12 only for the administration of its unemployment com13 pensation law, including information technology systems 

14 improvements and upgrades that enhance the user experi15 ence and timeliness of— 

16 ‘‘(A) applying for benefits; 

17 ‘‘(B) processing of benefits; 

18 ‘‘(C) receiving benefits; and 

19 ‘‘(D) implementing future policy changes in20 cluding flexibility in reprogramming. 

21 A State shall conduct user testing of any such improve22 ments and upgrades in advance of full implementation to 

23 ensure that they will meet each of the criteria described 

24 in this paragraph, including during any potential surges 

25 in the number of initial claims. 


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1 ‘‘(3) A State seeking a grant under this subsection 

2 shall submit an application to the Secretary of Labor with 

3 such information as the Secretary may require not later 

4 than June 30, 2022. The Secretary of Labor shall assist 

5 states in meeting the conditions of receiving the grant, in6 cluding by providing technical assistance and guidance. 

7 ‘‘(4)(A) Notwithstanding any other provision of law, 

8 the Secretary of the Treasury shall transfer from the gen9 eral fund of the Treasury (from funds not otherwise ap10 propriated) to the employment security administration ac11 count (as established by section 901 of the Social Security 

12 Act) such sums as the Secretary of Labor estimates to 

13 be necessary for purposes of making the transfers de14 scribed in paragraph (1)(C). 

15 ‘‘(B) There are appropriated from the general fund 

16 of the Treasury, without fiscal year limitation, the sums 

17 referred to in the preceding sentence and such sums shall 

18 not be required to be repaid.’’. 

19 (b) GRANTS TO CERTAIN TERRITORIES FOR ADMIN20 ISTRATION OF PANDEMIC UNEMPLOYMENT ASSISTANCE

21 AND FEDERAL PANDEMIC UNEMPLOYMENT COMPENSA22 TION.— 

23 (1) IN GENERAL.—The Secretary of Labor shall 

24 make an emergency grant to each of the territories 

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1 cated proportionately based on population, for the 

2 administration of Pandemic Unemployment Assist3 ance and Federal Pandemic Unemployment Com4 pensation in such territory. 

5 (2) ELIGIBLE TERRITORIES.—The Territories 

6 specified in this paragraph are Guam, American 

7 Samoa, the Commonwealth of the Northern Mariana 

8 Islands, the Federated States of Micronesia, the Re9 public of the Marshall Islands, and the Republic of 

10 Palau. 

11 (3) APPLICATION.—A territory seeking a grant 

12 under this subsection shall submit an application to 

13 the Secretary of Labor with such information as the 

14 Secretary may require not later than June 30, 2022. 

15 The Secretary of Labor shall assist territories in 

16 meeting the conditions of receiving the grant, includ17 ing by providing technical assistance and guidance. 

18 An application submitted by a territory for a grant 

19 under this subsection shall include documentation of 

20 policies, regulations, or laws demonstrating that the 

21 territory will, as a condition of the grant at least 

22 through the end of calendar year 2021, satisfy the 

23 requirements of clauses (i) and (ii) of section 

24 903(j)(1)(C) of the Social Security Act. 


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1 (4) FUNDING.—There are appropriated from 

2 the general fund of the Treasury, out of any money 

3 in the Treasury not otherwise appropriated, 

4 $3,000,000 for grants under this subsection, to re5 main available until expended. 

6 SEC. 5. WAIVER AUTHORITY FOR CERTAIN OVERPAYMENTS 

7 OF PANDEMIC UNEMPLOYMENT ASSISTANCE. 

8 Section 2102(d) of the CARES Act (15 U.S.C. 

9 9021(d)) is amended by adding at the end the following: 

10 ‘‘(4) WAIVER AUTHORITY.—In the case of indi11 viduals who have received amounts of Pandemic Un12 employment Assistance to which they were not enti13 tled, the State shall require such individuals to repay 

14 the amounts of such Pandemic Unemployment As15 sistance to the State agency, except that the State 

16 agency shall waive such repayment if it determines 

17 that— 

18 ‘‘(A) the payment of such Pandemic Un19 employment Assistance was without fault on the 

20 part of any such individual; and 

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

22 equity and good conscience.’’. 


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1 SEC. 6. STATE REPORTING ON CLAIMS BACKLOGS. 

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

3 (15 U.S.C. 9023) is amended by adding at the end the 

4 following: 

5 ‘‘(j) STATE ACCOUNTABILITY RELATING TO CLAIMS

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

7 section, the following rules shall apply: 

8 ‘‘(1) CLAIMS REPORTING.— 

9 ‘‘(A) IN GENERAL.—Each State partici10 pating in such an agreement shall submit to the 

11 Secretary of Labor on a weekly basis a report 

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

13 processing of unemployment claims, including 

14 claims for regular compensation, extended com15 pensation, Pandemic Unemployment Assistance, 

16 and Pandemic Emergency Unemployment Com17 pensation. Such report shall include a descrip18 tion, with respect to the previous week, of each 

19 of the following: 

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

21 in process, disaggregated by the number of 

22 such claims still pending— 

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

25 ‘‘(II) because of monetary deter26 minations; 


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1 ‘‘(III) because of suspected 

2 fraud; and 

3 ‘‘(IV) for any other reason. 

4 ‘‘(ii) The number of initial claims de5 nied. 

6 ‘‘(iii) The number of individuals with 

7 respect to whom a continued claim was 

8 paid. 

9 ‘‘(iv) The number of individuals with 

10 respect to whom a continued claim is still 

11 in process, disaggregated by the number of 

12 such claims still pending— 

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

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

17 ‘‘(III) because of suspected 

18 fraud; and 

19 ‘‘(IV) for any other reason. 

20 ‘‘(v) The number of individuals with 

21 respect to whom a continued claims was 

22 denied. 

23 ‘‘(B) REPORT TO CONGRESS.—Upon re24 ceipt of a report described in subparagraph (A), 

25 the Secretary of Labor shall publish such report 


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1 on the website of the Department of Labor and 

2 shall submit such report to the Committee on 

3 Ways and Means of the House of Representa4 tives and the Committee on Finance of the Sen5 ate. 

6 ‘‘(2) CORRECTIVE ACTION PLANS.— 

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

8 days after the date of enactment of this sub9 section and at least every 90 days thereafter, 

10 each State participating in such an agreement 

11 shall submit to the Secretary of Labor a correc12 tive action plan that includes a description of 

13 the actions the State has taken and intends to 

14 take to address any backlog of the processing of 

15 unemployment claims described in paragraph 

16 (1)(A). 

17 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec18 retary of Labor shall make technical assistance 

19 available to States to the extent feasible to en20 able States to develop and implement corrective 

21 action plans in accordance with this paragraph. 

22 If the Secretary of Labor determines at any 

23 time that a State has failed to take reasonable 

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1 rate with the Secretary to develop a subsequent 

2 corrective action plan to achieve clearly defined, 

3 targeted outcomes. 

4 ‘‘(C) REPORT TO CONGRESS.—Upon re5 ceipt of a corrective action plan described in 

6 subparagraph (A), the Secretary of Labor shall 

7 publish such plan on the website of the Depart8 ment of Labor and shall submit such report to 

9 the Committee on Ways and Means of the 

10 House of Representatives and the Committee 

11 on Finance of the Senate.’’. 

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

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

14 after the date of enactment of this Act. 

Æ 


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