S.Amdt. 2538

SA 2538. Mr. GRAHAM submitted an amendment intended to be proposed to
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to
condemn gross human rights violations of ethnic Turkic Muslims in
Xinjiang, and calling for an end to arbitrary detention, torture, and
harassment of these communities inside and outside China; which was
ordered to lie on the table; as follows:

Strike section 2 and insert the following:

SEC. 2. IMPROVEMENTS TO FEDERAL PANDEMIC UNEMPLOYMENT
COMPENSATION TO BETTER MATCH LOST WAGES.

(a) Extension.--Section 2104(e)(2) of the Relief for
Workers Affected by Coronavirus Act (contained in subtitle A
of title II of division A of the CARES Act (Public Law 116-
136)) is amended by striking ``July 31, 2020'' and inserting
``December 31, 2020''.
(b) Improvements to Accuracy of Payments.--
(1) Federal pandemic unemployment compensation.--
(A) In general.--Section 2104(b) of the Relief for Workers
Affected by Coronavirus Act (contained in subtitle A of title
II of division A of the CARES Act (Public Law 116-136)) is
amended--
(i) in paragraph (1)(B), by striking ``of $600'' and
inserting ``equal to the amount specified in paragraph (3)'';
and
(ii) by adding at the end the following new paragraph:
``(3) Amount of federal pandemic unemployment
compensation.--
``(A) In general.--The amount specified in this paragraph
is the following amount with respect to an individual:
``(i) For weeks of unemployment beginning after the date on
which an agreement is entered into under this section and
ending on or before July 31, 2020, $600.
``(ii) For weeks of unemployment beginning after the last
week under clause (i) and ending on or before September 28,
2020. $500.
``(iii) For weeks of unemployment beginning after the last
week under clause (ii) and

[[Page S4841]]

ending on or before December 31, 2020, an amount (not to
exceed $500) equal to one of the following, as determined by
the State for all individuals:

``(I) Subject to subclause (II), an amount equal to--

``(aa) 100 percent of the individual's average weekly
wages; minus
``(bb) the individual's base amount (determined prior to
any reductions or offsets).

``(II) If proposed by the State as an alternative to
subclause (I) and approved by the Secretary, an amount that
results in the sum of the base amount and the amount of
Federal Pandemic Unemployment Compensation under this section
being on average equal to 100 percent of lost wages.

``(B) Base amount.--For purposes of this paragraph, the
term `base amount' means, with respect to an individual, an
amount equal to--
``(i) for weeks of unemployment under the pandemic
unemployment assistance program under section 2102, the
amount determined under subsection (d)(1)(A)(i) or (d)(2) of
such section 2102, as applicable; or
``(ii) for all other weeks of unemployment, the amount
determined under paragraph (1)(A) of this subsection.
``(C) Average weekly wages.--
``(i) In general.--Subject to clause (ii), for purposes of
this paragraph, the term `average weekly wages' means, with
respect to an individual, the following:

``(I) If the State computes the individual weekly
unemployment compensation benefit amount based on an
individual's average weekly wages in a base period, an amount
equal to the individual's average weekly wages used in such
computation.
``(II) If the State computes the individual weekly
unemployment compensation benefit amount based on high
quarter wages or a formula using wages across some but not
all quarters in a base period, an amount equal to \1/13\ of
such high quarter wages or average wages of the applicable
quarters used in the computation for the individual.
``(III) If the State uses computations other than the
computations under subclause (I) or (II) for the individual
weekly unemployment compensation benefit amount, or for
computations of the weekly benefit amount under the pandemic
unemployment assistance program under section 2102, as
described in subsection (d)(1)(A)(i) or (d)(2) of such
section 2102, for which subclause (I) or (II) do not apply,
an amount equal to \1/52\ of the sum of all base period
wages.

``(ii) Special rule.--If more than one of the methods of
computation under subclauses (I), (II), and (III) of clause
(i) are applicable to a State, then such term shall mean the
amount determined under the applicable subclause of clause
(i) that results in the highest amount of average weekly
wages.''.
(B) Technical amendment regarding application to short-time
compensation programs and agreements.--Section 2104(i)(2) of
the Relief for Workers Affected by Coronavirus Act (contained
in subtitle A of title II of division A of the CARES Act
(Public Law 116-136)) is amended--
(i) in subparagraph (C), by striking ``and'' at the end;
(ii) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) short-time compensation under section 2108 or
2109.''.
(2) Conforming amendments.--
(A) Pandemic unemployment assistance.--Section 2102(d) of
the Relief for Workers Affected by Coronavirus Act (contained
in subtitle A of title II of division A of the CARES Act
(Public Law 116-136)) is amended by inserting ``with respect
to the individual'' after ``section 2104'' in each of
paragraphs (1)(A)(ii) and (2).
(B) Pandemic emergency unemployment compensation.--Section
2107 of the Relief for Workers Affected by Coronavirus Act
(contained in subtitle A of title II of division A of the
CARES Act (Public Law 116-136)) is amended--
(i) in subsection (a)(4)(A)(ii), by inserting ``with
respect to the individual'' after ``section 2104''; and
(ii) in subsection (b)(2), by inserting ``with respect to
the individual'' after ``section 2104''.
(c) Consistent Treatment of Earnings and Unemployment
Compensation.--Section 2104(h) of the Relief for Workers
Affected by Coronavirus Act (contained in subtitle A of title
II of division A of the CARES Act (Public Law 116-136)) is
amended by adding at the end the following new sentence:
``The preceding sentence shall not apply to any Federal
Pandemic Unemployment Compensation paid to an individual with
respect to a week of unemployment ending on or after October
5, 2020.''.
(d) Requirement for Return to Work Notification and
Reporting.--Section 2104(b) of the Relief for Workers
Affected by Coronavirus Act (contained in subtitle A of title
II of division A of the CARES Act (Public Law 116-136)) is
amended by adding at the end the following new paragraph:
``(3) Beginning 30 days after the date of enactment of this
paragraph, any agreement under this section shall require
that the State has in place a process to address refusal to
return to work or refusal of suitable work that includes the
following:
``(A) Providing a plain-language notice to individuals at
the time of applying for benefits regarding State law
provisions relating to each of the following:
``(i) Return to work requirements.
``(ii) Rights to refuse to return to work or to refuse
suitable work.
``(iii) How to contest the denial of a claim that has been
denied due to a claim by an employer that the individual
refused to return to work or refused suitable work.
``(B) Providing a plain-language notice to employers
through any system used by employers or any regular
correspondence sent to employers regarding how to notify the
State if an individual refuses to return to work.
``(C) Other items determined appropriate by the Secretary
of Labor.''.
(e) Effective Date.--The amendments made by this section
(other than the amendment made by subsection (d)) shall take
effect as if included in the enactment of the Relief for
Workers Affected by Coronavirus Act (contained in subtitle A
of title II of division A of the CARES Act (Public Law 116-
136)).

SEC. 3. SUPPLEMENTAL EMERGENCY UNEMPLOYMENT RELIEF FOR
GOVERNMENTAL ENTITIES AND NONPROFIT
ORGANIZATIONS.

(a) In General.--Section 903(i)(1)(B) of the Social
Security Act (42 U.S.C. 1103(i)(1)(B)) is amended by striking
``one-half'' and inserting ``75 percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of the
Relief for Workers Affected by Coronavirus Act (contained in
subtitle A of title II of division A of the CARES Act (Public
Law 116-136)).

SEC. 4. IMPROVEMENTS TO STATE UNEMPLOYMENT SYSTEMS AND
STRENGTHENING PROGRAM INTEGRITY.

(a) Unemployment Compensation Systems.--
(1) In general.--Section 303(a) of the Social Security Act
(42 U.S.C. 503(a)) is amended--
(A) in the matter preceding paragraph (1), by striking
``provision for--'' and inserting ``provision for each of the
following:'';
(B) at the end of each of paragraphs (1) through (10) and
paragraph (11)(B), by striking ``; and'' and inserting a
period; and
(C) by adding at the end the following new paragraph:
``(13) The State system shall, in addition to meeting the
requirements under section 1137, meet the following
requirements:
``(A) The system shall be capable of handling a surge of
claims that would represent a twentyfold increase in claims
from January 2020 levels, occurring over a one-month period.
``(B) The system shall be capable of--
``(i) adjusting wage replacement levels for individuals
receiving unemployment compensation;
``(ii) adjusting weekly earnings disregards, including the
ability to adjust such disregards in relation to an
individual's earnings or weekly benefit amount; and
``(iii) providing for wage replacement levels that vary
based on the duration of benefit receipt.
``(C) The system shall have in place an automated process
for receiving and processing claims for disaster unemployment
assistance under section 410(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5177(a)), with flexibility to adapt rules regarding
individuals eligible for assistance and the amount payable.
``(D) In the case of a State that makes payments of short-
time compensation under a short-time compensation program (as
defined in section 3306(v) of the Internal Revenue Code of
1986), the system shall have in place an automated process of
receiving and processing claims for short-time compensation.
``(E) The system shall have in place an automated process
for receiving and processing claims for--
``(i) unemployment compensation for Federal civilian
employees under subchapter I of chapter 85 of title 5, United
States Code;
``(ii) unemployment compensation for ex-servicemembers
under subchapter II of chapter 85 of title 5, United States
Code; and
``(iii) trade readjustment allowances under sections 231
through 233 of the Trade Act of 1974 (19 U.S.C. 2291-
2293).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to weeks of unemployment beginning on or after
the earlier of--
(A) the date the State changes its statutes, regulations,
or policies in order to comply with such amendment; or
(B) October 1, 2023.
(b) Electronic Transmission of Unemployment Compensation
Information.--Section 303 of the Social Security Act (42
U.S.C. 503) is amended by adding at the end the following new
subsection:
``(n) Electronic Transmission of Unemployment Compensation
Information.--
``(1) In general.--Not later than October 1, 2022, the
State agency charged with administration of the State law
shall use a system developed (in consultation with
stakeholders) and designated by the Secretary of Labor for
automated electronic transmission of requests for information
relating to unemployment compensation and the provision of
such information between such agency and employers or their
agents.
``(2) Use of appropriated funds.--The Secretary of Labor
may use funds appropriated for grants to States under this
title to make payments on behalf of States as the Secretary
determines is appropriate for the use of the system described
in paragraph (1).
``(3) Employer participation.--- The Secretary of Labor
shall work with the State

[[Page S4842]]

agency charged with administration of the State law to
increase the number of employers using this system and to
resolve any technical challenges with the system.
``(4) Reports on use of electronic system.--After the end
of each fiscal year, on a date determined by the Secretary,
each State shall report to the Secretary information on--
``(A) the proportion of employers using the designated
system described in paragraph (1);
``(B) the reasons employers are not using such system; and
``(C) the efforts the State is undertaking to increase
employer's use of such system.
``(5) Enforcement.--Whenever the Secretary of Labor, after
reasonable notice and opportunity for hearing to the State
agency charged with the administration of the State law,
finds that there is a failure to comply substantially with
the requirements of paragraph (1), the Secretary of Labor
shall notify such State agency that further payments will not
be made to the State until the Secretary of Labor is
satisfied that there is no longer any such failure. Until the
Secretary of Labor is so satisfied, such Secretary shall make
no future certification to the Secretary of the Treasury with
respect to the State.''.
(c) Unemployment Compensation Integrity Data Hub.--
(1) In general.--Section 303(a) of the Social Security Act
(42 U.S.C. 503(a)), as amended by subsection (a), is amended
by adding at the end the following new paragraph:
``(14) The State agency charged with administration of the
State law shall use the system designated by the Secretary of
Labor for cross-matching claimants of unemployment
compensation under State law against any databases in the
system to prevent and detect fraud and improper payments.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to weeks of unemployment beginning on or after
the earlier of--
(A) the date the State changes its statutes, regulations,
or policies in order to comply with such amendment; or
(B) October 1, 2022.
(d) Reducing State Burden in Providing Data to Prevent and
Detect Fraud.--Section 303 of the Social Security Act (42
U.S.C. 503), as amended by subsection (b), is amended by
adding at the end the following new subsection:
``(o) Use of Unemployment Claims Data to Prevent and Detect
Fraud.--The Inspector General of the Department of Labor
shall, for the purpose of identifying and investigating fraud
in unemployment compensation programs, have direct access to
each of the following systems:
``(1) The system designated by the Secretary of Labor for
the electronic transmission of requests for information
relating to interstate claims for unemployment compensation.
``(2) The system designated by the Secretary of Labor for
cross-matching claimants of unemployment compensation under
State law against databases to prevent and detect fraud and
improper payments (as referred to in subsection (a)(14).''.
(e) Use of National Directory of New Hires in
Administration of Unemployment Compensation Programs and
Penalties on Noncomplying Employers.--
(1) In general.--Section 303 of the Social Security Act (42
U.S.C. 503), as amended by subsections (b) and (d), is
amended by adding at the end the following new subsection:
``(p) Use of National Directory of New Hires.--
``(1) In general.--Not later than October 1, 2022, the
State agency charged with administration of the State law
shall--
``(A) compare information in the National Directory of New
Hires established under section 453(i) against information
about individuals claiming unemployment compensation to
identify any such individuals who may have become employed,
in accordance with any regulations or guidance that the
Secretary of Health and Human Services may issue and
consistent with the computer matching provisions of the
Privacy Act of 1974;
``(B) take timely action to verify whether the individuals
identified pursuant to subparagraph (A) are employed; and
``(C) upon verification pursuant to subparagraph (B), take
appropriate action to suspend or modify unemployment
compensation payments, and to initiate recovery of any
improper unemployment compensation payments that have been
made.
``(2) Enforcement.--Whenever the Secretary of Labor, after
reasonable notice and opportunity for hearing to the State
agency charged with the administration of the State law,
finds that there is a failure to comply substantially with
the requirements of paragraph (1), the Secretary of Labor
shall notify such State agency that further payments will not
be made to the State until the Secretary of Labor is
satisfied that there is no longer any such failure. Until the
Secretary of Labor is so satisfied, such Secretary shall make
no future certification to the Secretary of the Treasury with
respect to the State.''.
(2) Penalties.--
(A) In general.--Section 453A(d) of the Social Security Act
(42 U.S.C. 653a(d)), in the matter preceding paragraph (1),
is amended by striking ``have the option to set a State civil
money penalty which shall not exceed'' and inserting ``set a
State civil money penalty which shall be no less than''.
(B) Effective date.--The amendment made by subparagraph (A)
shall apply to penalties assessed on or after October 1,
2022.
(f) State Performance.--
(1) In general.--Section 303 of the Social Security Act (42
U.S.C. 503), as amended by subsections (b), (d), and (e), is
amended by adding at the end the following new subsection:
``(q) State Performance.--
``(1) In general.--For purposes of assisting States in
meeting the requirements of this title, title IX, title XII,
or chapter 23 of the Internal Revenue Code of 1986 (commonly
referred to as `the Federal Unemployment Tax Act'), the
Secretary of Labor may--
``(A) consistent with subsection (a)(1), establish measures
of State performance, including criteria for acceptable
levels of performance, performance goals, and performance
measurement programs;
``(B) consistent with subsection (a)(6), require States to
provide to the Secretary of Labor data or other relevant
information from time to time concerning the operations of
the State or State performance, including the measures,
criteria, goals, or programs established under paragraph (1);
``(C) require States with sustained failure to meet
acceptable levels of performance or with performance that is
substantially below acceptable standards, as determined based
on the measures, criteria, goals, or programs established
under subparagraph (A), to implement specific corrective
actions and use specified amounts of the administrative
grants under this title provided to such States to improve
performance; and
``(D) based on the data and other information provided
under subparagraph (B)--
``(i) to the extent the Secretary of Labor determines funds
are available after providing grants to States under this
title for the administration of State laws, recognize and
make awards to States for performance improvement, or
performance exceeding the criteria or meeting the goals
established under subparagraph (A); or
``(ii) to the extent the Secretary of Labor determines
funds are available after providing grants to States under
this title for the administration of State laws, provide
incentive funds to high-performing States based on the
measures, criteria, goals, or programs established under
subparagraph (A).
``(2) Enforcement.--Whenever the Secretary of Labor, after
reasonable notice and opportunity for hearing to the State
agency charged with the administration of the State law,
finds that there is a failure to comply substantially with
the requirements of paragraph (1), the Secretary of Labor
shall notify such State agency that further payments will not
be made to the State until the Secretary of Labor is
satisfied that there is no longer any such failure. Until the
Secretary of Labor is so satisfied, such Secretary shall make
no future certification to the Secretary of the Treasury with
respect to the State.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act.
(g) Funding.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary of Labor $2,000,000,000 to
assist States in carrying out the amendments made by this
section, which may include regional or multi-State efforts.
Amounts appropriated under the preceding sentence shall
remain available until expended.

SEC. 5. FUNDING FOR STATE UNEMPLOYMENT INSURANCE AND
EMPLOYMENT SERVICE OPERATIONS.

(a) In General.--Out of any money in the Treasury of the
United States not otherwise appropriated, in addition to
other amounts appropriated, there are appropriated for State
unemployment insurance and employment service operations,
$1,504,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund ( in this section referred to
as the ``Trust Fund'').
(b) Use.--Amounts approriated under subsection (a) shall be
available as follows:
(1)(A) Subject to subparagraphs (B) and (C), $1,115,500,000
from the Trust Fund shall be available for providing grants
to States for the administration of State unemployment
insurance laws as authorized under title III of the Social
Security Act, including grants to upgrade information
technology to improve the administration and processing of
unemployment compensation claims. Such amounts shall remain
available through December 31, 2021.
(B) The Secretary of Labor may distribute amounts under
subparagraph (A), with respect to upgrading information
technology, based on the condition and needs of the State
information technology systems or other appropriate factors,
which may include the ratio described under section
903(a)(2)(B) of the Social Security AcT (42 U.S.C.
1103(a)(2)(B)).
(C) Grant funds provided to States under this paragraph for
upgrading information technology shall be available for
obligation by the States through September 30, 2027 and
available for expenditure by the States through September 30,
2028.
(2) $38,500,000 from the Trust Fund shall be available for
national activities necessary to support the administration
of the Federal-State unemployment insurance system. Such

[[Page S4843]]

amounts shall remain available through September 30, 2021.
(3) $350,000,000 from the Trust Fund shall be available for
providing grants to States in accordance with section 6 of
the Wagner-Peyser Act. Such amounts shall remain available
through June 30, 2021.

SEC. 6. EMERGENCY DESIGNATION.

(a) In General.--The amounts provided by this Act and the
amendments made 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)).
(b) Designation in Senate.--In the Senate, this Act and the
amendments made by this Act are 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.
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