Back on Your Feet Act of 2020
This bill (1) extends pandemic unemployment programs established by the Coronavirus Aid, Relief, and Economic Security Act or the CARES Act, (2) provides one-time payments to individuals who are no longer eligible for pandemic unemployment compensation because they have commenced employment, and (3) provides grants for the administration of state unemployment programs to states that implement certain employment-related policies.
The bill also requires states to submit weekly reports to the Department of Labor on the status of backlogs in such states of the processing of unemployment claims.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Worker and Family Support.
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