[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3482 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3482
To provide full Federal funding for regular unemployment compensation
for the first week of otherwise compensable unemployment in areas.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2020
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide full Federal funding for regular unemployment compensation
for the first week of otherwise compensable unemployment in areas.
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 ``Emergency U.I. Solutions Act of
2020''.
SEC. 2. TEMPORARY COVERAGE OF REGULAR UNEMPLOYMENT COMPENSATION FOR THE
FIRST WEEK OF OTHERWISE COMPENSABLE UNEMPLOYMENT IN AREAS
COVERED BY AN EMERGENCY DECLARATION WITH FULL FEDERAL
FUNDING.
(a) Federal-State Agreements.--Any State which desires to do so may
enter into and participate in an agreement under this section with the
Secretary of Labor (in this section referred to as the ``Secretary'').
Any State which is a party to an agreement under this title may, upon
providing 30 days' written notice to the Secretary, terminate such
agreement.
(b) Provisions of Agreement.--
(1) In general.--Any agreement under subsection (a) shall
provide that the State agency of the State will make payments
of regular compensation to an individual for the first week of
otherwise compensable unemployment with respect to employment
in an area for which there is an emergency declaration for such
week.
(2) Emergency declaration.--In this section, the term
``emergency declaration'' means, with respect to an area, any
of the following:
(A) A major disaster declared for the area by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170).
(B) An emergency declared for the area by the
President under section 501 of such Act (42 U.S.C.
5191).
(C) A public health emergency declared for the area
by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C.
247d).
(c) Payments to States.--
(1) Full reimbursement.--There shall be paid to each State
which has entered into an agreement under this section an
amount equal to 100 percent of--
(A) the total amount of regular compensation paid
to individuals by the State pursuant to such agreement;
and
(B) any additional administrative expenses incurred
by the State by reason of such agreement (as determined
by the Secretary).
(2) Terms of payments.--Sums payable to any State by reason
of such State's having an agreement under this section shall be
payable, either in advance or by way of reimbursement (as
determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this
section for each calendar month, reduced or increased, as the
case may be, by any amount by which the Secretary finds that
his estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
(d) Funding.--
(1) Compensation.--
(A) In general.--Funds in the Federal unemployment
account (as established by section 905(g)) of the
Unemployment Trust Fund (as established by section
904(a)) shall be used to make payments under subsection
(c)(1)(A).
(B) Transfer of funds.--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 Federal
unemployment account such sums as the Secretary of
Labor estimates to be necessary to make payments
described in subparagraph (A). 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.
(2) Administrative expenses.--
(A) In general.--Funds in the employment security
administration account (as established by section
901(a) of the Social Security Act (42 U.S.C. 1105(a))
of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a)) shall be
used to make payments to States and Indian Tribes
pursuant to subsection (c)(1)(B).
(B) Transfer of funds.--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 such sums as the
Secretary of Labor estimates to be necessary to make
payments described in subparagraph (A). 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.
(3) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(e) Applicability.--An agreement entered into under this section
shall apply to weeks of unemployment with respect to a State--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before the earlier of--
(A) January 1, 2022; or
(B) the date the State law is in compliance with
the requirement under section 3304(a)(22) of the
Internal Revenue Code of 1986.
(f) Fraud and Overpayments.--The provisions of section 4005 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat.
2356) shall apply with respect to compensation paid under an agreement
under this section to the same extent and in the same manner as in the
case of emergency unemployment compensation under title IV of such Act.
(g) Definitions.--For purposes of this section, the terms ``regular
compensation'', ``State'', ``State agency'', ``State law'', and
``week'' have the respective meanings given such terms under section
205 of the Federal-State Extended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
SEC. 3. PERMANENT STATE PLAN REQUIREMENT TO PROVIDE PAYMENT OF REGULAR
UNEMPLOYMENT COMPENSATION FOR THE FIRST WEEK OF OTHERWISE
COMPENSABLE UNEMPLOYMENT.
(a) Disallowing Waiting Weeks.--
(1) In general.--Section 3304(a) of the Internal Revenue
Code of 1986 (relating to approval of State unemployment
compensation laws) is amended--
(A) in paragraph (18), by striking ``and'' at the
end;
(B) by redesignating paragraph (19) as paragraph
(20); and
(C) by inserting after paragraph (18) the following
new paragraph:
``(19) compensation is paid to an individual for their
first week of otherwise compensable unemployment without a
waiting week; and''.
(2) Effective date.--The amendments made by this subsection
shall apply to weeks of unemployment beginning on or after
January 1, 2022 (or earlier if established by State law (but in
no case earlier than the date of enactment of this Act)).
(b) Conforming Amendment to the Extended Benefit Program.--Section
204(a) of the Federal-State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note) is amended--
(1) in paragraph (2)(B), by striking ``paid for'' and
inserting ``subject to paragraph (4), paid for''; and
(2) by adding at the end the following new paragraph:
``(4) Subparagraph (B) of paragraph (2) shall not apply--
``(A) in the case of a State that pays regular compensation
to an individual for the first week of otherwise compensable
unemployment under an agreement under section 2 of the
Emergency U.I. Solutions Act of 2020; or
``(B) to weeks of unemployment beginning on or after the
earlier of--
``(i) January 1, 2022; or
``(ii) with respect to a State, the date the State
law is in compliance with section 3304(a)(19) of the
Internal Revenue Code of 1986.''.
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