[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3497 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3497
To provide unemployment assistance to individuals affected by COVID-19,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2020
Mr. Peters (for himself, Mr. Wyden, Mr. Schumer, Mr. Reed, Mrs. Murray,
Ms. Warren, Ms. Hirono, Mr. Markey, Ms. Duckworth, Mr. Sanders, Mr.
Tester, Mr. Durbin, Mr. Whitehouse, Mr. Brown, Mr. Kaine, Ms. Baldwin,
Mr. Van Hollen, Mr. Menendez, Mr. Booker, Mr. Casey, Mrs. Shaheen, Ms.
Klobuchar, and Mr. Blumenthal) introduced the following bill; which was
read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide unemployment assistance to individuals affected by COVID-19,
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 ``Pandemic Unemployment Assistance
Act''.
SEC. 2. PANDEMIC UNEMPLOYMENT ASSISTANCE.
(a) Definitions.--In this section:
(1) COVID-19.--The term ``COVID-19'' means the 2019 Novel
Coronavirus or 2019-nCoV.
(2) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services on
January 27, 2020, with respect to the 2019 Novel Coronavirus.
(3) Covered individual.--The term ``covered individual''--
(A) means an individual who--
(i) is not eligible for regular
compensation under State or Federal law,
including an individual who has exhausted all
rights to regular unemployment under State or
Federal law; and
(ii) provides self-certification that the
individual is otherwise able to work and
available for work within the meaning of
applicable State law, except the individual is
unemployed, partially unemployed, or unable or
unavailable to work because--
(I) the individual has been
diagnosed with COVID-19 or has reason
to believe the individual has been
exposed to COVID-19;
(II) a member of the individual's
household has been diagnosed with
COVID-19;
(III) the individual needs to
provide care for a family member or a
member of the individual's household
who has been diagnosed with COVID-19;
(IV) the school or day care the
individual's child attends is closed
due to a COVID-19 outbreak and the
individual is unable to find
alternative childcare;
(V) the individual is unable to
reach the place of employment because
of a quarantine imposed as a direct
result of a COVID-19 outbreak;
(VI) the individual is unable to
reach the place of employment because
the individual self-quarantines to
protect themselves or others as a
direct result of a COVID-19 outbreak;
(VII) the individual was scheduled
to begin employment and is unable to
reach the job as a direct result of a
COVID-19 outbreak;
(VIII) the individual has become
the breadwinner or major support for a
household because the head of the
household has died as a direct result
of COVID-19; or
(IX) the individual meets any
additional criteria established by the
Secretary for unemployment assistance
under this section; and
(B) does not include--
(i) an individual who has the ability to
telework with pay; or
(ii) an individual who is receiving paid
sick leave or other paid leave benefits,
regardless of whether the individual meets a
qualification described in subclause (I)
through (IX) of subparagraph (A)(i).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, Federated States of Micronesia, Republic of the
Marshall Islands, and the Trust Territory of the Pacific
Islands.
(b) Assistance for Unemployment as a Result of COVID-19.--Beginning
on the date of enactment of this Act and ending on the date that is 26
weeks after the date on which the COVID-19 public health emergency
expires, the Secretary shall provide to any covered individual
unemployment benefit assistance while such individual is unemployed,
partially unemployed, or unable to work for the weeks of such
unemployment with respect to which the individual is not entitled to
any other unemployment compensation (as that term is defined in section
85(b) of title 26, United States Code) or waiting period credit.
(c) Requirement.--
(1) In general.--Except as provided in paragraph (2), the
assistance authorized under subsection (b) shall be available
to a covered individual--
(A) for weeks of unemployment, partial
unemployment, or inability to work caused by COVID-19
beginning on or after January 27, 2020; and
(B) as long as the covered individual's
unemployment, partial unemployment, or inability to
work caused by COVID-19 continues.
(2) Limitation on duration of assistance.--The total number
of weeks for which a covered individual may receive assistance
under this section shall not exceed 26 weeks and such total
shall include any week for which the covered individual
received regular unemployment compensation under any Federal or
State law.
(3) Assistance for unemployment before date of enactment.--
The Secretary shall establish a process for making assistance
under this section available for weeks beginning on or after
January 27, 2020, and before the date of enactment of this Act.
(d) Amount of Assistance.--
(1) In general.--The assistance authorized under subsection
(b) for a week of unemployment, partial unemployment, or
inability to work shall be equal to the weekly benefit amount
authorized under the unemployment compensation law of the State
where the covered individual is employed, except that the
amount may not be less than the minimum weekly benefit amount
described in section 625.6 of title 20, Code of Federal
Regulations, or any successor thereto.
(2) Calculations of amounts for certain covered
individuals.--In the case of a covered individual who is self-
employed, who lives in a territory described in subsection (c)
or (d) of section 625.6 of title 20, Code of Federal
Regulations, or who would not otherwise qualify for
unemployment compensation under State law, the assistance
authorized under subsection (b) for a week of unemployment
shall be calculated in accordance with section 625.6 of title
20, Code of Federal Regulations, or any successor thereto.
(e) Waiver of State Requirement.--Notwithstanding State law, for
purposes of assistance authorized under this section, compensation
under this Act shall be made to an individual otherwise eligible for
such compensation without any waiting period.
(f) Agreements With States.--
(1) In general.--The Secretary shall provide the assistance
authorized under subsection (b) through agreements with States
which, in the judgment of the Secretary, have an adequate
system for administering such assistance through existing State
agencies.
(2) Payments to states.--There shall be paid to each State
which has entered into an agreement under this subsection an
amount equal to 100 percent of--
(A) the total amount of assistance provided 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), including any administrative
expenses necessary to facilitate processing of
applications for assistance under this section online
or by telephone rather than in-person.
(3) Terms of payments.--Sums payable to any State by reason
of such State's having an agreement under this subsection 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
subsection 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.
(g) Funding.--
(1) Assistance.--
(A) In general.--Funds in the extended unemployment
compensation account (as established by section 905(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 pursuant to subsection
(f)(2)(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 extended
unemployment compensation 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 pursuant to subsection
(f)(2)(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 of Labor shall from time
to time certify to the Secretary of the Treasury for payment to
each State the sums payable to such State under paragraphs (1)
and (2).
(h) Emergency Designation.--
(1) In general.--The amounts provided by this Act are
designated as an emergency requirement pursuant to section 4(g)
of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(2) Designation in senate.--In the Senate, this Act is
designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
<all>