Title: American Worker Holiday Relief Act of 2020
Policy area: Labor and Employment

Summary:
American Worker Holiday Relief Act of 2020
This bill revises and extends unemployment compensation eligibility requirements for workers affected by COVID-19. It also requires states to offer workers claiming compensation the option to withhold federal income tax from payments and requires states to report to the Department of Labor on backlogs of unemployment claims.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4935 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4935

         To provide continued assistance to unemployed workers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2020

  Mr. Wyden (for himself, Mr. Schumer, Mr. Bennet, Mr. Brown, and Mr. 
Reed) introduced the following bill; which was read twice and referred 
                      to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
         To provide continued assistance to unemployed workers.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Worker 
Holiday Relief Act of 2020''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--EXTENSIONS OF CARES ACT UNEMPLOYMENT BENEFITS FOR WORKERS

Sec. 101. Extension of Federal Pandemic Unemployment Compensation.
Sec. 102. Extension of pandemic unemployment assistance.
Sec. 103. Extension and expansion of the pandemic emergency 
                            unemployment compensation program.
Sec. 104. Extension of temporary financing of short-time compensation 
                            payments in States with programs in law.
Sec. 105. Extension of temporary financing of short-time compensation 
                            agreements.
Sec. 106. Extension of full Federal funding of the first week of 
                            compensable regular unemployment for States 
                            with no waiting week.
       TITLE II--TAX WITHHOLDING OPTION FOR UNEMPLOYMENT BENEFITS

Sec. 201. Application of FUTA requirement to permit individuals to 
                            request that Federal income tax be 
                            withheld.
  TITLE III--CLARIFICATIONS AND IMPROVEMENTS TO PANDEMIC UNEMPLOYMENT 
                               ASSISTANCE

Sec. 301. Clarification of Pandemic Unemployment Assistance eligibility 
                            for primary caregiving.
Sec. 302. Waiver authority for certain overpayments of Pandemic 
                            Unemployment Assistance.
Sec. 303. Clarification of access to Pandemic Unemployment Assistance 
                            for workers at businesses that reduced 
                            staff due to the pandemic.
Sec. 304. Hold Harmless for Pandemic Unemployment Assistance.
Sec. 305. Clarification of access to Pandemic Unemployment Assistance 
                            for workers with unsafe workplaces.
Sec. 306. Clarification of access to Pandemic Unemployment Assistance 
                            for workers who are self-quarantining in 
                            accordance with CDC guidelines.
Sec. 307. Clarification of access to Pandemic Unemployment Assistance 
                            for workers who had to reduce or suspend 
                            customary work activities.
Sec. 308. Clarification of continued access to Pandemic Unemployment 
                            Assistance.
Sec. 309. State flexibility in establishing income.
         TITLE IV--EXTENSION OF RELIEF TO STATES AND EMPLOYERS

Sec. 401. Extension of full Federal funding of extended unemployment 
                            compensation.
Sec. 402. Extension of temporary assistance for States with advances.
Sec. 403. Extension of emergency relief for governmental entities and 
                            nonprofit organizations.
           TITLE V--CORRECTIVE ACTION FOR PROCESSING BACKLOGS

Sec. 501. State reporting on claims backlogs.
      TITLE VI--PANDEMIC UNEMPLOYMENT ASSISTANCE FOR MIXED EARNERS

Sec. 601. Coverage of mixed-income individuals.
                    TITLE VII--TECHNICAL CORRECTIONS

Sec. 701. Grace Period for Full Financing of Short-Time Compensation 
                            Programs.
Sec. 702. Technical correction for the Commonwealth of Northern Mariana 
                            Islands.
Sec. 703. Technical amendment relating to Pandemic Unemployment 
                            Assistance.

   TITLE I--EXTENSIONS OF CARES ACT UNEMPLOYMENT BENEFITS FOR WORKERS

SEC. 101. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.

    (a) In General.--Section 2104(e) of division A 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--
                    ``(A) to weeks of unemployment beginning after the 
                date on which such agreement is entered into and ending 
                on or before July 31, 2020; and
                    ``(B) to weeks of unemployment beginning after 
                September 5, 2020 (or, if later, the date on which such 
                agreement is entered into), and ending on or before 
                October 4, 2021.
            ``(2) Transition rule for individuals remaining entitled to 
        regular compensation as of october 4, 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 January 3, 
        2022.''.
    (b) Disregard of Federal Pandemic Unemployment Compensation for 
Certain Purposes.--Section 2104(h) of division A of the CARES Act (15 
U.S.C. 9023(h)) 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.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the CARES Act (Public Law 
116-136).

SEC. 102. EXTENSION OF PANDEMIC UNEMPLOYMENT ASSISTANCE.

    (a) In General.--Section 2102 of division A of the CARES Act (15 
U.S.C. 9021) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)(A)(ii), by striking ``December 
                31, 2020'' and inserting ``the applicable end date 
                described in section 2107(g)(2)''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Limitation on duration of assistance.--
                    ``(A) In general.--The total number of weeks for 
                which a covered individual may receive assistance under 
                this section shall not exceed 65 weeks and such total 
                shall include any week for which the covered individual 
                received regular compensation or extended benefits 
                under any Federal or State law, or pandemic emergency 
                unemployment compensation under section 2107, except 
                that if after March 27, 2020, the extended benefit 
                period or high unemployment period is triggered under 
                the Federal-State Extended Unemployment Compensation 
                Act of 1970 (26 U.S.C. 3304 note) or an emergency 
                benefit period is triggered under section 2107, the 65-
                week period described in this paragraph shall be 
                extended by--
                            ``(i) in the case of an extended benefit 
                        period or high unemployment period triggered 
                        under the Federal-State Extended Unemployment 
                        Compensation Act of 1970, the number of weeks 
                        that is equal to the number of weeks of 
                        extended benefits available under such Act in 
                        the State in which the individual is filing; 
                        and
                            ``(ii) in the case of an emergency benefit 
                        period triggered under section 2107, the number 
                        of weeks that is equal to the additional number 
                        of weeks (through augmentation) available under 
                        paragraphs (4), (5), and (6) of section 2107(b) 
                        in the State in which the individual is filing.
                    ``(B) Extension of assistance.--For the purpose of 
                an extension of the 65-week period under subparagraph 
                (A), the following rules shall apply:
                            ``(i) Transition period.-- Section 
                        2107(g)(3) shall apply to any extension of 
                        assistance under subparagraph (A).
                            ``(ii) Accounts and grandfathering.--In 
                        determining the number of weeks available for a 
                        covered individual under an extension described 
                        in subparagraph (A)(ii), the Secretary shall 
                        apply rules that are the same as the rules 
                        described in paragraphs (4), (5), and (6) of 
                        section 2107(b), including with respect to 
                        accounts and grandfathering.''; and
            (2) by adding at the end the following:
    ``(i) Unemployment Rate Calculation for Certain Territories.--In 
the case of 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, the following rules 
shall apply:
            ``(1) For the purposes of subsection (c)(1)(A)(ii) of this 
        section, the Secretary shall determine the total unemployment 
        rate of the territory in a manner similar to the manner under 
        section 2107(g)(2).
            ``(2) For the purpose of subsection (c)(2)(B) of this 
        section, the Secretary shall determine the total unemployment 
        rate of the territory in a manner similar to the manner under 
        paragraphs (4), (5), and (6) of section 2107(b).''.
    (b) Hold Harmless for Proper Administration.--In the case of an 
individual who is eligible to receive pandemic unemployment assistance 
under section 2102 of division A of the CARES Act (15 U.S.C. 9021) as 
of the day before the date of enactment of this Act and on the date of 
enactment of this Act becomes eligible for pandemic emergency 
unemployment compensation under section 2107 of division A of the CARES 
Act (15 U.S.C. 9025) by reason of the amendments made by section 103(b) 
of this Act, any payment of pandemic unemployment assistance under 
section such 2102 made after the date of enactment of this Act to such 
individual during an appropriate period of time, as determined by the 
Secretary of Labor, that should have been made under such section 2107 
shall not be considered to be an overpayment of assistance under such 
section 2102.

SEC. 103. EXTENSION AND EXPANSION OF THE PANDEMIC EMERGENCY 
              UNEMPLOYMENT COMPENSATION PROGRAM.

    (a) Extension.--Section 2107(g) of division A of the CARES Act (15 
U.S.C. 9025(g)) is amended to read as follows:
    ``(g) Applicability.--
            ``(1) In general.--Subject to paragraphs (2) and (3), an 
        agreement entered into under this section shall apply, with 
        respect to a State, to weeks of unemployment--
                    ``(A) beginning after the date on which such 
                agreement is entered into; and
                    ``(B) ending on or before the applicable end date 
                described in paragraph (2).
            ``(2) Applicable end date.--
                    ``(A) In general.--The applicable end date 
                described in this paragraph with respect to a State is 
                the first date (after the date the State entered into 
                an agreement under this section) that the State has not 
                been in an emergency benefit period described in 
                subparagraph (B) for 13 consecutive weeks.
                    ``(B) Emergency benefit period.--For purposes of 
                subparagraph (A), a State shall be considered to be in 
                an emergency benefit period, as of any given day, if--
                            ``(i) an extended benefit period would then 
                        be in effect for such State under the Federal-
                        State Extended Unemployment Compensation Act of 
                        1970 (26 U.S.C. 3304 note) if--
                                    ``(I) section 203(f) of such Act 
                                were applied to such State (regardless 
                                of whether the State by law had 
                                provided for such application); and
                                    ``(II) such section 203(f)--
                                            ``(aa) were applied by 
                                        substituting `5.5' for `6.5' in 
                                        paragraph (1)(A)(i) thereof; 
                                        and
                                            ``(bb) did not include the 
                                        requirement under paragraph 
                                        (1)(A)(ii) thereof; or
                            ``(ii) the average national unemployment 
                        rate (seasonally adjusted) for the period 
                        consisting of the most recent 3 months for 
                        which data for all States are published before 
                        such day equals or exceeds 5.5 percent.
            ``(3) Transition for amount remaining in account.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                the case of an individual who has amounts remaining in 
                an account established under subsection (b) as of the 
                last day of the last week (as determined in accordance 
                with the applicable State law) ending on or before the 
                applicable end date described in paragraph (2), 
                pandemic emergency unemployment compensation shall 
                continue to be payable to such individual from such 
                amounts for any week beginning after such date for 
                which the individual meets the eligibility requirements 
                of this section.
                    ``(B) Limitation.--No compensation shall be payable 
                by reason of paragraph (1) for any week beginning after 
                the date that is 13 weeks after the applicable end date 
                described in paragraph (2).''.
    (b) Expansion.--Section 2107(b) of division A of the CARES Act (15 
U.S.C. 9025(b)) is amended--
            (1) by striking paragraph (2) and redesignating paragraph 
        (3) as paragraph (2); and
            (2) by adding at the end the following new paragraphs:
            ``(3) First-tier pandemic emergency unemployment 
        compensation.--The amount established in an account under 
        paragraph (1) shall be equal to 39 times the individual's 
        average weekly benefit amount, which includes the amount of 
        Federal Pandemic Unemployment Compensation under section 2104, 
        for the benefit year.
            ``(4) Second-tier pandemic emergency unemployment 
        compensation.--
                    ``(A) In general.--If, at the time that the amount 
                added to an individual's account under paragraph (3) 
                (in this section referred to as `first-tier pandemic 
                emergency unemployment compensation') is exhausted, or 
                at any time thereafter, such individual's State is in a 
                second-tier pandemic elevated benefit period (as 
                determined under subparagraph (B)), such account shall 
                be augmented by an amount (in this section referred to 
                as `second-tier pandemic emergency unemployment 
                compensation') equal to 13 times the individual's 
                average weekly benefit amount, which includes the 
                amount of Federal Pandemic Unemployment Compensation 
                under section 2104, for the benefit year.
                    ``(B) Second-tier pandemic elevated benefit period 
                benefit period.--For purposes of subparagraph (A), a 
                State shall be considered to be in a second-tier 
                pandemic elevated benefit period, as of any given time, 
                if an extended benefit period would then be in effect 
                for such State under the Federal-State Extended 
                Unemployment Compensation Act of 1970 (26 U.S.C. 3304 
                note) if--
                            ``(i) section 203(f) of such Act were 
                        applied to such State (regardless of whether 
                        the State by law had provided for such 
                        application); and
                            ``(ii) such section 203(f) did not include 
                        the requirement under paragraph (1)(A)(ii) 
                        thereof.
                    ``(C) Limitation.--The account of an individual may 
                be augmented not more than once under this subsection.
            ``(5) Third-tier pandemic emergency unemployment 
        compensation.--
                    ``(A) In general.--If, at the time that the amount 
                added to an individual's account under paragraph (4) is 
                exhausted, or at any time thereafter, such individual's 
                State is in a third-tier pandemic elevated benefit 
                period (as determined under subparagraph (B)), such 
                account shall be augmented by an amount (in this 
                section referred to as `third-tier pandemic emergency 
                unemployment compensation') equal to 13 times the 
                individual's average weekly benefit amount, which 
                includes the amount of Federal Pandemic Unemployment 
                Compensation under section 2104, for the benefit year.
                    ``(B) Third-tier pandemic elevated benefit 
                period.--For purposes of subparagraph (A), a State 
                shall be considered to be in a third-tier pandemic 
                elevated benefit period, as of any given time, if an 
                extended benefit period would then be in effect for 
                such State under the Federal-State Extended 
                Unemployment Compensation Act of 1970 (26 U.S.C. 3304 
                note) if--
                            ``(i) section 203(f) of such Act were 
                        applied to such State (regardless of whether 
                        the State by law had provided for such 
                        application); and
                            ``(ii) such section 203(f)--
                                    ``(I) were applied by substituting 
                                `7.5' for `6.5' in paragraph (1)(A)(i) 
                                thereof; and
                                    ``(II) did not include the 
                                requirement under paragraph (1)(A)(ii) 
                                thereof.
                    ``(C) Limitation.--The account of an individual may 
                be augmented not more than once under this subsection.
            ``(6) Fourth-tier pandemic emergency unemployment 
        compensation.--
                    ``(A) In general.--If, at the time that the amount 
                added to an individual's account under paragraph (5) is 
                exhausted, or at any time thereafter, such individual's 
                State is in a fourth-tier pandemic elevated benefit 
                period (as determined under subparagraph (B)), such 
                account shall be augmented by an amount (in this 
                section referred to as `fourth-tier pandemic emergency 
                unemployment compensation') equal to 13 times the 
                individual's average weekly benefit amount, which 
                includes the amount of Federal Pandemic Unemployment 
                Compensation under section 2104, for the benefit year.
                    ``(B) Fourth-tier pandemic elevated benefit 
                period.--For purposes of subparagraph (A), a State 
                shall be considered to be in a fourth-tier pandemic 
                elevated benefit period, as of any given time, if an 
                extended benefit period would then be in effect for 
                such State under the Federal-State Extended 
                Unemployment Compensation Act of 1970 (26 U.S.C. 3304 
                note) if--
                            ``(i) section 203(f) of such Act were 
                        applied to such State (regardless of whether 
                        the State by law had provided for such 
                        application); and
                            ``(ii) such section 203(f)--
                                    ``(I) were applied by substituting 
                                `8.5' for `6.5' in paragraph (1)(A)(i) 
                                thereof; and
                                    ``(II) did not include the 
                                requirement under paragraph (1)(A)(ii) 
                                thereof.
                    ``(C) Limitation.--The account of an individual may 
                be augmented not more than once under this subsection.
            ``(7) Coordination of pandemic emergency unemployment 
        compensation with regular compensation.--
                    ``(A) In general.--If--
                            ``(i) an individual has been determined to 
                        be entitled to pandemic emergency unemployment 
                        compensation with respect to a benefit year;
                            ``(ii) that benefit year has expired;
                            ``(iii) that individual has remaining 
                        entitlement to pandemic emergency unemployment 
                        compensation with respect to that benefit year; 
                        and
                            ``(iv) that individual would qualify for a 
                        new benefit year in which the weekly benefit 
                        amount of regular compensation is at least $25 
                        less than the individual's weekly benefit 
                        amount in the benefit year referred to in 
                        clause (i),
                then the State shall determine eligibility for 
                compensation as provided in subparagraph (B).
                    ``(B) Determination of eligibility.--For 
                individuals described in subparagraph (A), the State 
                shall determine whether the individual is to be paid 
                pandemic emergency unemployment compensation or regular 
                compensation for a week of unemployment using one of 
                the following methods:
                            ``(i) The State shall, if permitted by 
                        State law, establish a new benefit year, but 
                        defer the payment of regular compensation with 
                        respect to that new benefit year until 
                        exhaustion of all pandemic emergency 
                        unemployment compensation payable with respect 
                        to the benefit year referred to in subparagraph 
                        (A)(i).
                            ``(ii) The State shall, if permitted by 
                        State law, defer the establishment of a new 
                        benefit year (which uses all the wages and 
                        employment which would have been used to 
                        establish a benefit year but for the 
                        application of this subparagraph), until 
                        exhaustion of all pandemic emergency 
                        unemployment compensation payable with respect 
                        to the benefit year referred to in subparagraph 
                        (A)(i).
                            ``(iii) The State shall pay, if permitted 
                        by State law--
                                    ``(I) regular compensation equal to 
                                the weekly benefit amount established 
                                under the new benefit year; and
                                    ``(II) pandemic emergency 
                                unemployment compensation equal to the 
                                difference between that weekly benefit 
                                amount and the weekly benefit amount 
                                for the expired benefit year.
                            ``(iv) The State shall determine rights to 
                        pandemic emergency unemployment compensation 
                        without regard to any rights to regular 
                        compensation if the individual elects to not 
                        file a claim for regular compensation under the 
                        new benefit year.''.
    (c) Effective Date.--The amendments made by this section shall 
apply as if included in the enactment of the CARES Act (Public Law 116-
136), except that no amount shall be payable by virtue of such 
amendments with respect to any week of unemployment commencing before 
the date of the enactment of this Act.

SEC. 104. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 
              PAYMENTS IN STATES WITH PROGRAMS IN LAW.

    Section 2108(b)(2) of division A of the CARES Act (15 U.S.C. 
9026(b)(2)) is amended by striking ``December 31, 2020'' and inserting 
``the applicable end date described in section 2107(g)(2)''.

SEC. 105. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 
              AGREEMENTS.

    Section 2109(d)(2) of division A of the CARES Act (15 U.S.C. 
9027(d)(2)) is amended by striking ``December 31, 2020'' and inserting 
``the applicable end date described in section 2107(g)(2)''.

SEC. 106. EXTENSION OF FULL FEDERAL FUNDING OF THE FIRST WEEK OF 
              COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES WITH NO 
              WAITING WEEK.

    Section 2105(e)(2) of division A of the CARES Act (15 U.S.C. 
9024(e)(2)) is amended by striking ``December 31, 2020'' and inserting 
``the applicable end date described in section 2107(g)(2)''.

       TITLE II--TAX WITHHOLDING OPTION FOR UNEMPLOYMENT BENEFITS

SEC. 201. APPLICATION OF FUTA REQUIREMENT TO PERMIT INDIVIDUALS TO 
              REQUEST THAT FEDERAL INCOME TAX BE WITHHELD.

    (a) Pandemic Unemployment Assistance.--Section 2102(f) of division 
A of the CARES Act (15 U.S.C. 9021(f)) is amended by adding at the end 
the following:
            ``(4) Application of futa requirement to permit individuals 
        to request that federal income tax be withheld.--Beginning 30 
        days after the date of enactment of this paragraph, any 
        agreement under this subsection shall provide that the 
        requirement under section 3304(a)(18) of the Internal Revenue 
        Code of 1986 shall apply to assistance payable under this 
        section in the same manner as such requirement applies to 
        unemployment compensation payable under State law.''.
    (b) Federal Pandemic Unemployment Compensation.--Section 2104(b) of 
division A of the CARES Act (15 U.S.C. 9023(b)) is amended by adding at 
the end the following new paragraph:
            ``(3) Application of futa requirement to permit individuals 
        to request that federal income tax be withheld.--Beginning 30 
        days after the date of enactment of this paragraph, any 
        agreement under this section shall provide that the requirement 
        under section 3304(a)(18) of the Internal Revenue Code of 1986 
        shall apply to compensation payable under this section in the 
        same manner as such requirement applies to unemployment 
        compensation payable under State law.''.
    (c) Pandemic Emergency Unemployment Compensation.--Section 2107(a) 
of division A of the CARES Act (15 U.S.C. 9025(a)) is amended by adding 
at the end the following new paragraph:
            ``(8) Application of futa requirement to permit individuals 
        to request that federal income tax be withheld.--Beginning 30 
        days after the date of enactment of this paragraph, any 
        agreement under this section shall provide that the requirement 
        under section 3304(a)(18) of the Internal Revenue Code of 1986 
        shall apply to compensation payable under this section in the 
        same manner as such requirement applies to unemployment 
        compensation payable under State law.''.

  TITLE III--CLARIFICATIONS AND IMPROVEMENTS TO PANDEMIC UNEMPLOYMENT 
                               ASSISTANCE

SEC. 301. CLARIFICATION OF PANDEMIC UNEMPLOYMENT ASSISTANCE ELIGIBILITY 
              FOR PRIMARY CAREGIVING.

    (a) In General.--Section 2102(a)(3)(A)(ii)(I)(dd) of division A of 
the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(dd)) is amended by 
striking ``that is closed as a direct result of the COVID-19 public 
health emergency'' and inserting ``because the school or facility is 
closed or only partially reopened due to COVID-19, because child or 
family care is not available or affordable during the hours work is 
available due to COVID-19, or because physical attendance at the school 
or facility presents an unacceptable health risk for the household or 
the individual in need of care due to COVID-19,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect upon the date of the enactment of this Act.

SEC. 302. WAIVER AUTHORITY FOR CERTAIN OVERPAYMENTS OF PANDEMIC 
              UNEMPLOYMENT ASSISTANCE.

    (a) In General.--Section 2102(d) of division A 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.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the CARES Act (Public Law 
116-136).

SEC. 303. CLARIFICATION OF ACCESS TO PANDEMIC UNEMPLOYMENT ASSISTANCE 
              FOR WORKERS AT BUSINESSES THAT REDUCED STAFF DUE TO THE 
              PANDEMIC.

    (a) In General.--Section 2102(a)(3)(A)(ii)(I)(jj) of division A of 
the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(jj)) is amended by 
inserting ``or its operations are otherwise curtailed, including by 
reducing hours of operation, staffing levels, occupancy, or other 
changes that are recommended or required,'' after ``closed''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to weeks of unemployment beginning after the date of 
the enactment of this Act.

SEC. 304. HOLD HARMLESS FOR PANDEMIC UNEMPLOYMENT ASSISTANCE.

    (a) In General.--Section 2102(c) of division A of the CARES Act (15 
U.S.C. 9021(c)) is amended by adding at the end the following:
            ``(4) Continued eligibility for assistance.--As a condition 
        of continued eligibility for assistance under this section, a 
        covered individual shall submit a recertification to the State 
        for each week after the individual's 1st week of eligibility 
        that certifies that the individual remains an individual 
        described in subsection (a)(3)(A)(ii) for such week.''.
    (b) Effective Date; Special Rule.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to weeks beginning on or after the date that 
        is 30 days after the date of enactment of this section.
            (2) Special rule.--In the case of any State that made a 
        good faith effort to implement section 2102 of division A of 
        the CARES Act (15 U.S.C. 9021) in accordance with rules similar 
        to those provided in section 625.6 of title 20, Code of Federal 
        Regulations, for weeks ending before the effective date 
        specified in paragraph (1), an individual who received Pandemic 
        Unemployment Assistance from such State for any such week shall 
        not be considered ineligible for such assistance for such week 
        solely by reason of failure to submit a recertification 
        described in subsection (c)(4) of such section.

SEC. 305. CLARIFICATION OF ACCESS TO PANDEMIC UNEMPLOYMENT ASSISTANCE 
              FOR WORKERS WITH UNSAFE WORKPLACES.

    (a) In General.--Section 2102(a)(3)(A)(ii)(I)(ii) of division A of 
the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(ii)) is amended--
            (1) by inserting ``or refuse an offer of work'' after ``her 
        job''; and
            (2) by inserting ``, including because the workplace of the 
        individual is not in compliance with all applicable health and 
        safety guidelines and standards related to the prevention of 
        occupational exposure to COVID-19, including such guidelines 
        and standards issued by the Occupational Safety and Health 
        Administration, State plans approved under section 18 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 667), the 
        Centers for Disease Control and Prevention, and Federal, State, 
        and local public health authorities'' after ``COVID-19''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to weeks beginning after the date of enactment of 
this Act.

SEC. 306. CLARIFICATION OF ACCESS TO PANDEMIC UNEMPLOYMENT ASSISTANCE 
              FOR WORKERS WHO ARE SELF-QUARANTINING IN ACCORDANCE WITH 
              CDC GUIDELINES.

    (a) In General.--Section 2102(a)(3)(A)(ii)(I) of division A of the 
CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)) is amended--
            (1) in item (jj), by striking ``or'' at the end;
            (2) in item (kk), by striking ``or'' at the end; and
            (3) by inserting after item (kk) the following:
                                            ``(ll) the individual is 
                                        unable to reach the place of 
                                        employment because the 
                                        individual is self-quarantining 
                                        because the individual or a 
                                        member of the individual's 
                                        household is at increased risk 
                                        from COVID-19 based on 
                                        guidelines from the Centers for 
                                        Disease Control and Prevention 
                                        or as determined by a health 
                                        care provider;''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to weeks beginning after the date of enactment of 
this Act.

SEC. 307. CLARIFICATION OF ACCESS TO PANDEMIC UNEMPLOYMENT ASSISTANCE 
              FOR WORKERS WHO HAD TO REDUCE OR SUSPEND CUSTOMARY WORK 
              ACTIVITIES.

    (a) In General.--Section 2102(a)(3)(A)(ii)(I) of division A of the 
CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)), as amended by section 306 
of this Act, is amended by inserting after item (ll) the following:
                                            ``(mm) the COVID-19 public 
                                        health emergency or economic 
                                        conditions related to the 
                                        COVID-19 public health 
                                        emergency has severely limited 
                                        the individual's ability to 
                                        continue performing the 
                                        individual's customary work 
                                        activities, and has thereby 
                                        forced the individual to reduce 
                                        or suspend such activities; 
                                        or''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to weeks beginning after the date of enactment of 
this Act.

SEC. 308. CLARIFICATION OF CONTINUED ACCESS TO PANDEMIC UNEMPLOYMENT 
              ASSISTANCE.

    (a) In General.--Section 2102(a)(3)(A)(ii)(I) of division A of the 
CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)), as amended by section 307 
of this Act, is amended by inserting after item (mm) the following:
                                            ``(nn) the individual lost 
                                        his or her job because of a 
                                        circumstance described in items 
                                        (aa) through (mm), regardless 
                                        of whether the circumstance is 
                                        still applicable to the 
                                        individual; or''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to weeks beginning after the date of enactment of 
this Act.

SEC. 309. STATE FLEXIBILITY IN ESTABLISHING INCOME.

    (a) In General.--Section 2102(d) of division A of the CARES Act (15 
U.S.C. 9021(d)), as amended by section 302 of this Act, is amended by 
adding at the end the following:
            ``(5) State flexibility in establishing income.--In 
        determining the income of an individual for purposes of an 
        application for assistance authorized under subsection (b), a 
        State may rely on such wage and self-employment data as the 
        State may elect, including any applicable data with respect to 
        an individual's electronically mediated employment.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to weeks beginning after the date of enactment of 
this Act.

         TITLE IV--EXTENSION OF RELIEF TO STATES AND EMPLOYERS

SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT 
              COMPENSATION.

    Subsections (a) and (b) of section 4105 of the Families First 
Coronavirus Response Act (26 U.S.C. 3304 note) are each amended by 
striking ``December 31, 2020'' and inserting ``the applicable end date 
described in section 2107(g)(2) of division A of the CARES Act (15 
U.S.C. 9025(g)(2))''.

SEC. 402. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.

    Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 
1322(b)(10)(A)) is amended by striking ``December 31, 2020'' and 
inserting ``the applicable end date described in section 2107(g)(2) of 
division A of the CARES Act (15 U.S.C. 9025(g)(2))''.

SEC. 403. EXTENSION OF EMERGENCY RELIEF FOR GOVERNMENTAL ENTITIES AND 
              NONPROFIT ORGANIZATIONS.

    Section 903(i)(1)(D) of the Social Security Act (42 U.S.C. 
1103(i)(1)(D)) is amended by striking ``December 31, 2020'' and 
inserting ``the applicable end date described in section 2107(g)(2) of 
division A of the CARES Act (15 U.S.C. 9025(g)(2))''.

           TITLE V--CORRECTIVE ACTION FOR PROCESSING BACKLOGS

SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS.

    (a) In General.--Section 2104 of division A 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). The Secretary may 
                waive the requirement under this subparagraph with 
                respect to any State that the Secretary determines has 
                made adequate progress in addressing any such backlog.
                    ``(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.

      TITLE VI--PANDEMIC UNEMPLOYMENT ASSISTANCE FOR MIXED EARNERS

SEC. 601. COVERAGE OF MIXED-INCOME INDIVIDUALS.

    (a) In General.--Section 2102(c) of division A of the CARES Act (15 
U.S.C. 9021(c)), as amended by section 304 of this Act, is amended by 
adding at the end the following:
            ``(5) Coverage of mixed-income individuals.--In the case of 
        an individual who--
                    ``(A)(i) would be a covered individual but for 
                subsection (a)(3)(A)(i); or
                    ``(ii) is employed but is unable or unavailable to 
                earn self-employment income because of factors 
                described in subsection (a)(3)(A)(ii) and otherwise 
                satisfies the requirements of subsection (a)(3);
                    ``(B) during the individual's most recent taxable 
                year ending prior to the individual's application for 
                assistance under this section, received at least $7,250 
                from self-employment; and
                    ``(C) makes an irrevocable election to be treated 
                as a covered individual under this section for each 
                week, with respect to which assistance under this 
                section is available, that begins--
                            ``(i) after the date of such election; or
                            ``(ii) before such date, but only if the 
                        individual did not otherwise receive 
                        unemployment benefits for such week under this 
                        section, section 2104, section 2107, or as 
                        determined under State law,
        such individual shall be treated as a covered individual 
        described in subsection (d)(2) for such weeks. An individual 
        with respect to which this paragraph applies for a week shall 
        be deemed ineligible for regular compensation or extended 
        benefits under State or Federal law or pandemic emergency 
        unemployment compensation under section 2107 for such week.''.
    (b) Applicability.--The amendment made by subsection (a) shall not 
apply with respect to a State participating in an agreement under 
section 2102 of division A of the CARES Act (15 U.S.C. 9021(h)) unless 
the State so elects, and shall become effective as determined by such 
State in agreement with the Secretary of Labor.

                    TITLE VII--TECHNICAL CORRECTIONS

SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT-TIME COMPENSATION 
              PROGRAMS.

    Section 2108(c) of division A of the CARES Act (15 U.S.C. 9026(c)) 
is amended by striking ``shall be eligible'' and all that follows 
through the end and inserting the following:
        ``shall be eligible--
            ``(1) for payments under subsection (a) for weeks of 
        unemployment beginning after the effective date of such 
        enactment; and
            ``(2) for an additional payment equal to the total amount 
        of payments for which the State is eligible pursuant to an 
        agreement under section 2109 for weeks of unemployment before 
        such effective date.''.

SEC. 702. TECHNICAL CORRECTION FOR THE COMMONWEALTH OF NORTHERN MARIANA 
              ISLANDS.

    A Commonwealth Only Transitional Worker (as defined in section 
6(i)(2) of the Joint Resolution entitled ``A Joint Resolution to 
approve the `Covenant To Establish a Commonwealth of the Northern 
Mariana Islands in Political Union with the United States of America', 
and for other purposes'' (48 U.S.C. 1806)) shall be considered a 
qualified alien under section 431 of Public Law 104-193 (8 U.S.C. 1641) 
for purposes of eligibility for a benefit under section 2102 or 2104 of 
the CARES Act.

SEC. 703. TECHNICAL AMENDMENT RELATING TO PANDEMIC UNEMPLOYMENT 
              ASSISTANCE.

    Section 2102(h) of division A of the CARES Act (15 U.S.C. 9021(h)) 
is amended by striking ``section 625'' each place it appears and 
inserting ``part 625''.
                                 <all>