Unemployment Insurance: Legislative Issues in the 116th Congress

Changes from June 11, 2020 to July 23, 2020

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Unemployment Insurance: Legislative Issues in ~~June 11~~July 23, 2020 , 2020
the 116th Congress
Julie M. Whittaker
Responding to the Coronavirus Disease 2019 (COVID-19) Responding to the Coronavirus Disease 2019 (COVID-19) pandemic and the resulting economic pandemic and the resulting economic
Specialist in Income Specialist in Income
recession, Congressional interest remains high in how to support workers and provide weekly recession, Congressional interest remains high in how to support workers and provide weekly
Security Security
income replacement for individuals who are unavailable to work or unemployed as a result of the income replacement for individuals who are unavailable to work or unemployed as a result of the

pandemic. The 116th Congress has created several new temporary unemployment insurance (UI) pandemic. The 116th Congress has created several new temporary unemployment insurance (UI)
Katelin P. Isaacs
benefits for workers unemployed because of the COVID-19 pandemic, as well as temporarily benefits for workers unemployed because of the COVID-19 pandemic, as well as temporarily
Specialist in Income Specialist in Income
modified permanent UI programs. Congress continues to consider additional modifications to modified permanent UI programs. Congress continues to consider additional modifications to
Security Security
both permanent law UI programs and the temporary new programs. both permanent law UI programs and the temporary new programs.

On March 18, 2020, President Trump signed P.L. 116-127 (H.R. 6201), On March 18, 2020, President Trump signed P.L. 116-127 (H.R. 6201), the Families First the Families First

Coronavirus Response Act (FFCRA), into law. The UI provisions in Coronavirus Response Act (FFCRA), into law. The UI provisions in ~~the Families First~~
~~Coronavirus Response Act~~FFCRA provide various types of assistance to states, including up to $1 billion in emergency provide various types of assistance to states, including up to $1 billion in emergency
administrative grant funding in calendar year 2020 for administrative purposes. This law also removes through December administrative grant funding in calendar year 2020 for administrative purposes. This law also removes through December
2020 the current incentive in UI law for states to have a waiting week for their regular UC programs.2020 the current incentive in UI law for states to have a waiting week for their regular UC programs.
On March 27, 2020, President Trump signed P.L. 116-136 (H.R. 748), On March 27, 2020, President Trump signed P.L. 116-136 (H.R. 748), the Coronavirus Aid, Relief, and Economic Security the Coronavirus Aid, Relief, and Economic Security
Act (CARES) Act, into law. The UI provisions in the CARES Act Act (CARES) Act, into law. The UI provisions in the CARES Act ~~inclu de~~include expanded benefit eligibility to the self-employed, expanded benefit eligibility to the self-employed,
independent contractors, gig economy workers, and other workers not covered under state UC programs through a new independent contractors, gig economy workers, and other workers not covered under state UC programs through a new
temporary Pandemic Unemployment Assistance (PUA), which builds on DUA as a model and is authorized through temporary Pandemic Unemployment Assistance (PUA), which builds on DUA as a model and is authorized through
December 2020. Other provisions expanded potential weeks of UI benefits through the Pandemic Emergency Unemployment December 2020. Other provisions expanded potential weeks of UI benefits through the Pandemic Emergency Unemployment
Compensation (PEUC; authorized through December 2020) and also augment all UI benefits with an additional $600 weekly Compensation (PEUC; authorized through December 2020) and also augment all UI benefits with an additional $600 weekly
Federal Pandemic Unemployment Compensation (FPUC) benefit through July 2020. Federal Pandemic Unemployment Compensation (FPUC) benefit through July 2020.
For most states, this means FPUC payments end on July 25, 2020. On July 2, 2020, the Senate passed S. 4209, the Protecting Nonprofits from Catastrophic Cash Flow Strain Act of 2020, by unanimous consent. The House passed without objection S. 4209 on July 9, 2020. S. 4209 currently awaits the President’s signature. S. 4209 would streamline the administration of the CARES Act’s 50% federal funding of regular state UI benefits for reimbursing employers through December 31, 2020. With the change, reimbursing employers would no longer be required to pay 100% of UI benefits and then be reimbursed for 50% of the benefits. Additionally, UI benefits attributed to the authorized period could be reimbursed even if the reimbursement happens after December 2020. In the 116th Congress, policymakers have introduced the following additional legislation: In the 116th Congress, policymakers have introduced the following additional legislation:
 S. 165, H.R. 720, H.R. 725, H.R. 1117,  S. 165, H.R. 720, H.R. 725, H.R. 1117, and H.R. 4072—related to Unemployment Compensation for and H.R. 4072—related to Unemployment Compensation for
Federal Employees (UCFE) benefits in response to the partial government shutdown that occurred during Federal Employees (UCFE) benefits in response to the partial government shutdown that occurred during
FY2019;FY2019;
 S. 136 and H.R. 556—to provide self-employment and relocation assistance benefits;  S. 136 and H.R. 556—to provide self-employment and relocation assistance benefits;
 H.R. 1121—to screen individuals for drug use;  H.R. 1121—to screen individuals for drug use;
 H.R. 1585—to require that states consider an individual who quit employment because of sexual  H.R. 1585—to require that states consider an individual who quit employment because of sexual
harassment, domestic violence, sexual assault, or stalking to be eligible for UC benefits harassment, domestic violence, sexual assault, or stalking to be eligible for UC benefits ; and; and
 H.R. 1759 and S. 2872—to amend Title III of the Social Security Act to extend Reemployment Services  H.R. 1759 and S. 2872—to amend Title III of the Social Security Act to extend Reemployment Services
and Eligibility Assessments (RESEA) to all UC claimants; and and Eligibility Assessments (RESEA) to all UC claimants; and
 H.R. 6199, H.R. 6207, H.R. 6271, H.R. 6379, H.R.  H.R. 6199, H.R. 6207, H.R. 6271, H.R. 6379, H.R. 6409, H.R. 6582, H.R. 6680, H.R. 6582, H.R. 6680, H.R. 6687, H.R. 6695, ~~6695,~~ H.R. 6800, H.R. H.R. 6800, H.R. ~~6805~~7013, H.R. 7066, S. ~~, S.~~
3476, S. 3482,3476, S. 3482, S. 3497, S. 3523,S. 3497, S. 3523, S. 3534, S. 3619,S. 3534, S. 3619, ~~and S. 3696~~ S. 3696, S. 3771, S. 3857, and S. 4143—to amend federal UI law in various ways —to amend federal UI law in various ways
in response to COVID-19, including by amending, contracting, or expanding UI provisions inin response to COVID-19, including by amending, contracting, or expanding UI provisions in FFCRA or FFCRA or
the CARES Act. the CARES Act.
For a brief overview of UC, see CRS In Focus IF10336, For a brief overview of UC, see CRS In Focus IF10336, The Fundamentals of Unemployment Compensation. For an . For an
overview of DUA, see CRS Report RS22022, overview of DUA, see CRS Report RS22022, Disaster Unemployment Assistance (DUA). .
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he unemployment insurance (UI) system has two primary objectives: (1) to provide he unemployment insurance (UI) system has two primary objectives: (1) to provide
temporary, partial wage replacement for involuntarily unemployed workers and (2) to temporary, partial wage replacement for involuntarily unemployed workers and (2) to
T stabilize the economy during recessions. In support of these goals, several UI programs T stabilize the economy during recessions. In support of these goals, several UI programs
provide benefits for eligible provide benefits for eligible unemployed workers. unemployed workers.
Overview of Unemployment Insurance Programs
In general, when eligibleIn general, when eligible workers lose their jobs, the joint federal-state Unemployment workers lose their jobs, the joint federal-state Unemployment
Compensation (UC) program may provide up to 26 weeks of income support through regular UC Compensation (UC) program may provide up to 26 weeks of income support through regular UC
benefit payments. UC benefits may be extended for up to 13 weeks or 20 weeks by the Extended benefit payments. UC benefits may be extended for up to 13 weeks or 20 weeks by the Extended
Benefit (EB) program if certain economic situations exist within the state.1 As of the date of this Benefit (EB) program if certain economic situations exist within the state.1 As of the date of this
publication, publication, 5052 states are in an active EB period, and states are in an active EB period, and ~~two~~17 of those states of those states ~~additional y~~additionally have have
triggered triggered ”“on” a high unemployment period (HUP) where on” a high unemployment period (HUP) where up to 20 weeks are available.2 For an 20 weeks are available.2 For an
overview of EB, see the section on overview of EB, see the section on “Extended Benefit Program.”
Unemployment Compensation Program
The Social Security Act of 1935 (P.L. 74-271) authorizes the joint federal-state UC program to The Social Security Act of 1935 (P.L. 74-271) authorizes the joint federal-state UC program to
provide unemployment benefits. Most states provide up to a maximum of 26 weeks of UC provide unemployment benefits. Most states provide up to a maximum of 26 weeks of UC
benefits.3 Former federal workers may be eligible for unemployment benefits through the benefits.3 Former federal workers may be eligible for unemployment benefits through the
Unemployment Compensation for Federal Employees (UCFE) program.4 Former U.S. military Unemployment Compensation for Federal Employees (UCFE) program.4 Former U.S. military
servicemembers may be eligible for unemployment benefits through the Unemployment servicemembers may be eligible for unemployment benefits through the Unemployment
Compensation for Ex-Servicemembers (UCX) program.5 The Emergency Unemployment Compensation for Ex-Servicemembers (UCX) program.5 The Emergency Unemployment
Compensation Act of 1991 (P.L. 102-164) provides that ex-servicemembers be treated the same Compensation Act of 1991 (P.L. 102-164) provides that ex-servicemembers be treated the same
as other unemployed workers with respect to benefit levels, the waiting period for benefits, and as other unemployed workers with respect to benefit levels, the waiting period for benefits, and
benefit duration. benefit duration.
Although federal laws and regulations provide broad guidelines on UC benefit coverage, Although federal laws and regulations provide broad guidelines on UC benefit coverage,
eligibility,eligibility, and determination, the specifics regarding UC benefits are determined by each state. and determination, the specifics regarding UC benefits are determined by each state.

1 For detailed1 For detailed information on each of these programs, see CRSinformation on each of these programs, see CRS Report RL33362, Report RL33362, Unemployment Insurance: Programs
and Benefits. Certain groups of workers may qualify. Certain groups of workers may qualify for income support from additional unemployment insurance (UI) for income support from additional unemployment insurance (UI)
programs, includingprograms, including ~~T rade~~ Trade Adjustment Assistance ( Adjustment Assistance (~~T AA~~TAA), Reemployment Trade Adjustment Assistance (), Reemployment Trade Adjustment Assistance (~~RT AA~~RTAA), and ), and
Disaster Unemployment Assistance (DUA). Workers who lose their jobs becauseDisaster Unemployment Assistance (DUA). Workers who lose their jobs because of international competition may of international competition may
qualifyqualify for income support through the for income support through the ~~T AA~~TAA program or the program or the ~~RT AA~~RTAA (for certain workers aged 50 or older). Workers (for certain workers aged 50 or older). Workers
may bemay be ~~eligible~~ eligible to receive DUA benefits if they are not eligibleto receive DUA benefits if they are not eligible for regularfor regular Unemployment Compensation (UC) and Unemployment Compensation (UC) and
their unemployment may be directly attributed to a declaredtheir unemployment may be directly attributed to a declared natural disaster. For more information on the natural disaster. For more information on the ~~T AA~~TAA and and
~~RT AA~~RTAA programs, see CRS programs, see CRS In FocusIn Focus IF10570, IF10570, Trade ~~Adjustm ent~~Adjustment Assistance for Workers (TAA). .
2 For the current Extended Benefit (EB) trigger notice, select “Extended Benefits 2 For the current Extended Benefit (EB) trigger notice, select “Extended Benefits ~~T rigger~~Trigger Notice” at Notice” at
https://oui.doleta.gov/unemploy/claims_arch.asp. For information on the expired Emergency Unemployment https://oui.doleta.gov/unemploy/claims_arch.asp. For information on the expired Emergency Unemployment
Compensation 2008 (EUC08) program, which provided additional unemployment benefits depending on state Compensation 2008 (EUC08) program, which provided additional unemployment benefits depending on state
economic conditions from July 2008 to December 2013, see CRSeconomic conditions from July 2008 to December 2013, see CRS Report R42444, Report R42444, ~~Em ergency Unem ployment~~
~~Com pensation~~Emergency Unemployment Compensation (EUC08): Status of Benefits Prior to Expiration. .
3 For more details on these states with less 3 For more details on these states with less than 26 weeks of UC available,than 26 weeks of UC available, see CRSsee CRS Report R41859, Report R41859, Unemployment
Insurance: Consequences of Changes in State ~~Unem ploym ent Com pensation~~Unemployment Compensation Laws, Unemployment Insurance: , Unemployment Insurance:
ConsequencesConsequences of Changesof Changes in State Unemployment Compensation Laws. In addition, the maximum UC duration is 28 in State Unemployment Compensation Laws. In addition, the maximum UC duration is 28
weeksweeks in Montana and 30 weeksin Montana and 30 weeks (if local economic conditions are met) in Massachusetts. When EB benefits are (if local economic conditions are met) in Massachusetts. When EB benefits are
available in Montana, the total duration of UC and EB is capped at either 39 weeks (26 + 13) or 46 weeksavailable in Montana, the total duration of UC and EB is capped at either 39 weeks (26 + 13) or 46 weeks (26 + 20). (26 + 20).
When EB benefits are available in Massachusetts, the maximum duration of UC benefits is capped at 26 weeks.When EB benefits are available in Massachusetts, the maximum duration of UC benefits is capped at 26 weeks.
4 5 U.S.C. 4 5 U.S.C. §§8501-8508. §§8501-8508.
5 5 U.S.C.5 5 U.S.C. §§8521-8525. For more information on the Unemployment Compensation for Ex§§8521-8525. For more information on the Unemployment Compensation for Ex -Servicemembers (UCX) -Servicemembers (UCX)
program, see CRSprogram, see CRS Report RS22440, Report RS22440, ~~Unem ploym ent Com pensation~~Unemployment Compensation (Insurance) and Military Service. .
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Unemployment Insurance: Legislative Issues in the 116th Congress

This results in This results in ~~essential y~~essentially 53 different programs.6 In general, UC eligibility 53 different programs.6 In general, UC eligibility is based on attaining is based on attaining
qualified wages and employment in covered work over a 12-month period (qualified wages and employment in covered work over a 12-month period (~~cal ed~~called a base period) a base period)
prior to unemployment. prior to unemployment. Al All states require a worker to have earned a certain amount of wages or to states require a worker to have earned a certain amount of wages or to
have worked for a certain period of time (or both) within the base period to be eligiblehave worked for a certain period of time (or both) within the base period to be eligible to receive to receive
any UC benefits. The methods states use to determine eligibilityany UC benefits. The methods states use to determine eligibility vary greatly. Most state benefit vary greatly. Most state benefit
formulas replace approximately half of a claimant’s average weekly wage up to a weekly formulas replace approximately half of a claimant’s average weekly wage up to a weekly
maximum.7 In addition, each state’s UC law requires individualsmaximum.7 In addition, each state’s UC law requires individuals to have lost their jobs through to have lost their jobs through
no fault of their own, and recipients must be able to work, available for work, and actively no fault of their own, and recipients must be able to work, available for work, and actively
seeking work.8 These eligibility requirements help ensure that UC benefits are directed toward seeking work.8 These eligibility requirements help ensure that UC benefits are directed toward
workers with significant labor market experience and who are unemployed because of economic workers with significant labor market experience and who are unemployed because of economic
conditions. conditions.
UC Financing
The UC program is financed by federal taxes under the Federal Unemployment Tax Act (FUTA) The UC program is financed by federal taxes under the Federal Unemployment Tax Act (FUTA)
and by state payroll taxes under each state’s State Unemployment Tax Act (SUTA).9 The 0.6% and by state payroll taxes under each state’s State Unemployment Tax Act (SUTA).9 The 0.6%
effective net FUTA tax employers pay on the first $7,000 of each employee’s earnings (equaling effective net FUTA tax employers pay on the first $7,000 of each employee’s earnings (equaling
no more than $42 per worker per year) funds federal and state administrative costs, loans to no more than $42 per worker per year) funds federal and state administrative costs, loans to
insolvent state UC accounts, the federal share (50%) of EB payments, and state employment insolvent state UC accounts, the federal share (50%) of EB payments, and state employment
services.10 services.10
Federal law limits employers’ SUTA taxes to funding regular UC benefits and the state share Federal law limits employers’ SUTA taxes to funding regular UC benefits and the state share
(50%) of EB payments. Federal law requires that the state tax be on (50%) of EB payments. Federal law requires that the state tax be on at least the first $7,000 of the first $7,000 of
each employee’s earnings and that the maximum state tax rate be at least 5.4%. Federal law also each employee’s earnings and that the maximum state tax rate be at least 5.4%. Federal law also
requires each employer’s state tax rate to be based on the amount of UC paid to former requires each employer’s state tax rate to be based on the amount of UC paid to former
employees (known as “experience rating”). Within these broad requirements, each state has great employees (known as “experience rating”). Within these broad requirements, each state has great
flexibilityflexibility in determining its SUTA structure. In general, the more UC benefits paid out to its in determining its SUTA structure. In general, the more UC benefits paid out to its
former employees, the higher the employer’s tax rate, up to a maximum established by state law. former employees, the higher the employer’s tax rate, up to a maximum established by state law.
FUTA and SUTA funds are deposited in the appropriate accounts within the Unemployment Trust FUTA and SUTA funds are deposited in the appropriate accounts within the Unemployment Trust
~~Fund (UTF).~~

~~6 T he~~Fund (UTF). 6 The District of Columbia, Puerto Rico, and the Virgin District of Columbia, Puerto Rico, and the Virgin Islands are considered to be states underIslands are considered to be states under UC law.UC law.
7 For details on UC7 For details on UC eligibility andeligibility and benefits, see CRSbenefits, see CRS Report RL33362, Report RL33362, Unemployment Insurance: Programs and
Benefits. .
8 In some cases a worker may be eligible 8 In some cases a worker may be eligible for benefit basedfor benefit based upon quitting a job for a “good cause”upon quitting a job for a “good cause” reason. In all states, reason. In all states,
individualsindividuals who leave their work voluntarily must meet the state’s good causewho leave their work voluntarily must meet the state’s good cause requirements if they are not to be requirements if they are not to be
disqualifieddisqualified from receiving UC.from receiving UC. In many states, good causeIn many states, good cause is is explicitly restricted to reasons connected with the work, explicitly restricted to reasons connected with the work,
attributable to the employer, or involving fault on the part of the employer. (For those states, see attributable to the employer, or involving fault on the part of the employer. (For those states, see ~~T able~~Table 5.5 in U.S. 5.5 in U.S.
Department of Labor (DOL), Department of Labor (DOL), 2017 ~~Com parison~~Comparison of State ~~Unem ployment~~Unemployment Insurance Laws, available at , available at
https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/2017/nonmonetary.pdf.) https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/2017/nonmonetary.pdf.)
9 23 U.S.C.9 23 U.S.C. §§3301-11. §§3301-11.
10 10 ~~T he~~The Federal Unemployment Tax Act Federal Unemployment Tax Act ~~(FUT A~~ (FUTA) imposes a 6.0% gross tax rate on the first $7,000 paid annually by ) imposes a 6.0% gross tax rate on the first $7,000 paid annually by
employers to each employee. Employers in states with programs approved by the federal government and with no employers to each employee. Employers in states with programs approved by the federal government and with no
delinquent federal loans may credit 5.4 percentage points against the 6.0% tax rate, making the minimum net federal delinquent federal loans may credit 5.4 percentage points against the 6.0% tax rate, making the minimum net federal
unemployment tax rate 0.6%. Details on how delinquent loans affect the net unemployment tax rate 0.6%. Details on how delinquent loans affect the net ~~FUT A~~FUTA tax are in CRS tax are in CRS Report RS22954, Report RS22954,
The ~~Unem ploym ent~~Unemployment Trust Fund (UTF): State Insolvency and Federal Loans to States, , ~~T he Unemployment T rust Fund~~
~~(UT F~~The Unemployment Trust Fund (UTF): State Insolvency and Federal): State Insolvency and Federal Loans to States. Loans to States.
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Extended Benefit Program
The EB program was established by the Federal-State Extended Unemployment Compensation The EB program was established by the Federal-State Extended Unemployment Compensation
Act of 1970 (EUCA; P.L. 91-373) (26 U.S.C. §3304, note). EUCA may extend receipt of Act of 1970 (EUCA; P.L. 91-373) (26 U.S.C. §3304, note). EUCA may extend receipt of
unemployment benefits (extended benefits) at the state level if certain economic conditions exist unemployment benefits (extended benefits) at the state level if certain economic conditions exist
within the state. As of the date of this publication, EBwithin the state. As of the date of this publication, EB is active in is active in ~~48 states~~all the states except South Dakota.11 .11
Extended Benefit Triggers
The EB program is triggered “on” when a state’s insured unemployment rate (IUR) or total The EB program is triggered “on” when a state’s insured unemployment rate (IUR) or total
unemployment rate (TUR) reaches certain levels.12 unemployment rate (TUR) reaches certain levels.12 Al All states must pay up to 13 weeks of EB if states must pay up to 13 weeks of EB if
the IUR for the previous 13 weeks is at least 5% and is 120% of the average of the rates for the the IUR for the previous 13 weeks is at least 5% and is 120% of the average of the rates for the
same 13-week period in each of the two previous years. States may choose to enact two other same 13-week period in each of the two previous years. States may choose to enact two other
optional thresholds. (States may choose one, two, or none.) If the state has chosen one or more of optional thresholds. (States may choose one, two, or none.) If the state has chosen one or more of
the EB trigger options, it would provide the following: the EB trigger options, it would provide the following:
 Option 1—based upon the IUR  Option 1—based upon the IUR
 up to an additional 13 weeks of benefits if the state’s IUR is at least 6%,  up to an additional 13 weeks of benefits if the state’s IUR is at least 6%,
regardless of previous years’ averages. regardless of previous years’ averages.
 Option 2—based upon the TUR  Option 2—based upon the TUR
 up to an additional 13 weeks of benefits if the state’s TUR is at least 6.5%  up to an additional 13 weeks of benefits if the state’s TUR is at least 6.5%
and is at least 110% of the state’s average TUR for the same 13 weeks in and is at least 110% of the state’s average TUR for the same 13 weeks in
either of the previous two years. either of the previous two years.
 up to an additional 20 weeks of benefits if the state’s TUR is at least 8% and  up to an additional 20 weeks of benefits if the state’s TUR is at least 8% and
is at least 110% of the state’s average TUR for the same 13 weeks in either of is at least 110% of the state’s average TUR for the same 13 weeks in either of
the previous two years; designated as a HUP for EB. the previous two years; designated as a HUP for EB.
EB benefits are not “grandfathered” (phased out) when a state triggers “off” the program. When a EB benefits are not “grandfathered” (phased out) when a state triggers “off” the program. When a
state triggers off of an EB period, state triggers off of an EB period, al all EB benefit payments in the state cease immediately, EB benefit payments in the state cease immediately,
regardless of individual entitlement.13 regardless of individual entitlement.13

11 For the current EB trigger notice, select “Extended Benefits 11 For the current EB trigger notice, select “Extended Benefits ~~T rigger~~Trigger Notice” at https:// Notice” at https://~~ows~~oui.doleta.gov/unemploy/.doleta.gov/unemploy/
claims_arch.asp. claims_arch.asp.
12 12 ~~T he~~The total unemployment rate ( total unemployment rate (~~T UR~~TUR) is the three-month average of the ratio of unemployed workers to all workers ) is the three-month average of the ratio of unemployed workers to all workers
(employed and unemployed) in the labor market. (employed and unemployed) in the labor market. ~~T he T UR~~The TUR is essentially a is essentially a three-month average version of the three-month average version of the
unemployment rate published by the Bureau of Labor Statistics (BLS)unemployment rate published by the Bureau of Labor Statistics (BLS) and basedand based on data from the BLS’son data from the BLS’s monthly monthly
Current Population Survey (CPS).Current Population Survey (CPS). ~~T he~~ The insured unemployment rate (IUR) is the ratio of UC claimants divided insured unemployment rate (IUR) is the ratio of UC claimants divided by by
individualsindividuals in UC-covered jobs.in UC-covered jobs. In addition, the IUR usesIn addition, the IUR uses a different base of workersa different base of workers in its calculations as compared in its calculations as compared
with the with the ~~T UR. T he~~TUR. The IUR excludes IUR excludes several groups usedseveral groups used ~~in T UR~~ in TUR calculations: self-employed workers, unpaid calculations: self-employed workers, unpaid family family
workers, workers in certain notworkers, workers in certain not -for-profit organizations, and several other, primarily seasonal, categories of workers. In -for-profit organizations, and several other, primarily seasonal, categories of workers. In
addition to those unemployed workers whoseaddition to those unemployed workers whose ~~last jo bs were~~ last jobs were in the excludedin the excluded employment category, the IUR excludes employment category, the IUR excludes
the following: those who have exhausted their UC benefits (even if they are receiving EBthe following: those who have exhausted their UC benefits (even if they are receiving EB benefits); newbenefits); new entrants or entrants or
reentrants to the labor force; disqualifiedreentrants to the labor force; disqualified workers whoseworkers whose unemployment is considered to have resulted from their own unemployment is considered to have resulted from their own
actions rather than from economic conditions; and eligibleactions rather than from economic conditions; and eligible unemployed persons who do not file for benefits. As a unemployed persons who do not file for benefits. As a
result, the IUR in a state is often calculated to be much lower than its result, the IUR in a state is often calculated to be much lower than its ~~T UR.~~
TUR. 13 EB benefits on interstate claims are limited to two extra weeks unless 13 EB benefits on interstate claims are limited to two extra weeks unless both the worker’s state of residence (e.g., the worker’s state of residence (e.g.,
~~T exas~~Texas) and the worker’s state of previous employment) and the worker’s state of previous employment (e.g., Louisiana) are in an EB period. (e.g., Louisiana) are in an EB period.
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The EB benefit amount is equal to the eligible The EB benefit amount is equal to the eligible individual’s weekly regular UC benefits. Under individual’s weekly regular UC benefits. Under
permanent law, FUTA finances half (50%) of the EB payments and 100% of EB administrative permanent law, FUTA finances half (50%) of the EB payments and 100% of EB administrative
costs.14 States fund the other half (50%) of EB benefit costs through their SUTA.15 costs.14 States fund the other half (50%) of EB benefit costs through their SUTA.15
Section 4105 of P.L. 116-127 (H.R. 6201), the Families First Coronavirus Response Act Section 4105 of P.L. 116-127 (H.R. 6201), the Families First Coronavirus Response Act
(FFCRA), temporarily makes EB 100% (FFCRA), temporarily makes EB 100% ~~federal y~~federally financed (with the exception of “non-sharable” financed (with the exception of “non-sharable”
compensation [e.g., state and local workers]) from enactment until the end of December 2020, compensation [e.g., state and local workers]) from enactment until the end of December 2020,
only for states that receive both halves of the emergency administrative grants authorized under only for states that receive both halves of the emergency administrative grants authorized under
FFCRA (for a description of these grants, seeFFCRA (for a description of these grants, see “Administrative Grants to States””).16 ).16
~~H.R. 6800,~~ Unemployment Insurance Benefits and
the Sequester
The sequester order required by the Budget Control Act of 2011 (BCA;The sequester order required by the Budget Control Act of 2011 (BCA; P.L. 112-25) and P.L. 112-25) and
implemented on March 1, 2013 (after being delayed by P.L. 112-240), affected some but not implemented on March 1, 2013 (after being delayed by P.L. 112-240), affected some but not al
all types of UI expenditures.17 Regular UC, UCX, and UCFE payments are not subject to the types of UI expenditures.17 Regular UC, UCX, and UCFE payments are not subject to the
sequester reductions. EB and most forms of administrative funding are subject to the sequester sequester reductions. EB and most forms of administrative funding are subject to the sequester
reductions.18 reductions.18
FY2019 Sequester of Unemployment Insurance Benefits
The FY2019 sequestration order The FY2019 sequestration order ~~requires~~required a 6.2% reduction in a 6.2% reduction in al all nonexempt nondefense nonexempt nondefense
mandatory expenditures, but no sequestration reductions mandatory expenditures, but no sequestration reductions ~~are~~were applicable to discretionary programs, applicable to discretionary programs,
projects, and activities.19 As a result, EB expenditures projects, and activities.19 As a result, EB expenditures ~~are~~were required to be reduced required to be reduced ~~6.2% (only on~~

~~14 T he T ax~~ 14 The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, P.L. 111-312, as amended Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, P.L. 111-312, as amended
(the final time by P.L. 112-240), made technical changes to certain triggers in the EB program. See(the final time by P.L. 112-240), made technical changes to certain triggers in the EB program. See ~~CRS~~ CRS Report Report
R41859, R41859, ~~Unem ploym ent~~Unemployment Insurance: Consequences of Changes in State ~~Unem ploym ent Com pensation Laws~~~~. T he~~Unemployment Compensation Laws. The
authorization for the temporary EB trigger modifications expired the week ending on or before December 31, 2013.authorization for the temporary EB trigger modifications expired the week ending on or before December 31, 2013.
15 P.L. 111-5, the American Recovery and Reinvestment Act of 2009 (most recently amended by P.L. 112-240, the 15 P.L. 111-5, the American Recovery and Reinvestment Act of 2009 (most recently amended by P.L. 112-240, the
American American ~~T axpayer~~Taxpayer Relief Act of 2012), temporarily changed the federal-state funding arrangement for the EB Relief Act of 2012), temporarily changed the federal-state funding arrangement for the EB
program. program. ~~T he FUT A~~The FUTA financed 100% of EB benefits from February 17, 2009, through December 31, 2013. financed 100% of EB benefits from February 17, 2009, through December 31, 2013. ~~T he~~The one one
exception to the 100% federal financing was for those “exception to the 100% federal financing was for those “ non-sharable” EB benefits (work not subject to non-sharable” EB benefits (work not subject to ~~FUT A~~FUTA taxes taxes
such assuch as state and local government employmentstate and local government employment ~~). T hose~~). Those non-sharable benefits continued to be 100% financed by the non-sharable benefits continued to be 100% financed by the
former employers. former employers.
16 As of June16 As of June 11, 2020, according to DOL, all states have met the 11, 2020, according to DOL, all states have met the statistical criteria for receiving these FFCRAcriteria for receiving these FFCRA grants (see grants (see
https://oui.doleta.gov/unemploy/pdf/IC3MOmarch.pdf). All states have requested their full allotment with the https://oui.doleta.gov/unemploy/pdf/IC3MOmarch.pdf). All states have requested their full allotment with the
exception of Puerto Rico, which had not requested the second allotment. Email from Employment and exception of Puerto Rico, which had not requested the second allotment. Email from Employment and ~~T rainin g~~Training
Administration analyst, June 11, 2020. Administration analyst, June 11, 2020.
17 See 17 See ~~CRS~~ CRS Report R42972, Report R42972, Sequestration as a Budget Enforcement Process: Frequently Asked Questions. .
18 EUC08, when it was18 EUC08, when it was available (includingavailable (including any benefit payments delayed from prior fiscal years) is also subjectany benefit payments delayed from prior fiscal years) is also subject to the to the
sequestersequester reductions. Seereductions. See ~~CRS~~ CRS Report R43133, Report R43133, The ~~Im pact~~Impact of Sequestration on ~~Unem ployment~~Unemployment Insurance Benefits:
Frequently Asked Questions for additional information on the impact of sequestration on UI benefits, generally, and for additional information on the impact of sequestration on UI benefits, generally, and
specifically for sequestration in FY2013 and FY2014. Please see CRSspecifically for sequestration in FY2013 and FY2014. Please see CRS Report R43993, Report R43993, ~~Unem ployment~~Unemployment Insurance:
Legislative Issues in the 114th Congress for additional information on the implications of the sequester order for for additional information on the implications of the sequester order for
FY2015 and FY2016. Please see CRSFY2015 and FY2016. Please see CRS Report R44836, Report R44836, ~~Unem ployment~~Unemployment Insurance: Legislative Issues in the 115th
Congress for additional information on the implications of the sequester order for FY2017 and FY2018. for additional information on the implications of the sequester order for FY2017 and FY2018.
19 Office of Management and Budget 19 Office of Management and Budget (OMB), (OMB), OMB Sequestration Preview Report to the President and Congress for
Fiscal Year 2019, February 12, 2018, at https://www.whitehouse.gov/wp-content/uploads/2018/02/, February 12, 2018, at https://www.whitehouse.gov/wp-content/uploads/2018/02/
Sequestration_Report_February_2018.pdf. Sequestration_Report_February_2018.pdf.
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6.2% (only on the federal share of EB benefits) for weeks of unemployment during FY2019.20 the federal share of EB benefits) for weeks of unemployment during FY2019.20 However, EB was not EB was not
activated in any state during FY2019activated in any state during FY2019, thus the sequestration order had no effect.21 .21
FY2020 Sequester of Unemployment Insurance Benefits
The FY2020 sequestration order requires a 5.9% reduction in The FY2020 sequestration order requires a 5.9% reduction in al all nonexempt nondefense nonexempt nondefense
mandatory expenditures, but no sequestration reductions are applicable to discretionary programs, mandatory expenditures, but no sequestration reductions are applicable to discretionary programs,
projects, and activities.22 As a result, projects, and activities.22 As a result, the federal share of EB expenditures EB expenditures ~~are~~is required to be required to be reduced 5.9% for weeks of unemployment during FY2020.23 FFCRA (P.L. 116-127; signed March 18, 2020) temporarily makes EB benefits 100% federally financed (with the exception of “non-sharable” compensation—e.g., state and local workers) from March 2020 until the end of December 2020 for states that receive both halves of the emergency administrative grants (for more details, see the section in this report on “Temporary 100% Federal Financing of EB for States Qualify for Full Division D Administrative Grants”).24 As a result, the net sequester reduction to EB benefit payments for FY2020 is 2.95% while the temporary EB financing provision under FFCRA is effective (the reduction to non-sharable EB benefits remains at 5.9%).25 In addition, ~~reduced 5.9% (only on~~
~~the federal share of EB benefits) for weeks of unemployment during FY2020.23~~
~~Additional y,~~ the temporary UI benefits created under the CARES Act (see the the temporary UI benefits created under the CARES Act (see the “P.L. 116-136, the
CARES Act” section, below) are not section, below) are not ~~specifical y~~specifically excluded from sequestration. However, the excluded from sequestration. However, the
Office of Management and Budget (OMB) released the FY2020 mandatory sequester order prior Office of Management and Budget (OMB) released the FY2020 mandatory sequester order prior
to the enactment of the CARES Act.to the enactment of the CARES Act.2426 Thus, the CARES Act UI benefits are not subject to the Thus, the CARES Act UI benefits are not subject to the
FY2020 mandatory sequester order. FY2020 mandatory sequester order.
FY2021 Sequester of Unemployment Insurance Benefits
The FY2021 sequestration order requires a 5.7% reduction in The FY2021 sequestration order requires a 5.7% reduction in al all nonexempt nondefense nonexempt nondefense
mandatory expenditures, but no sequestration reductions are applicable to discretionary programs, mandatory expenditures, but no sequestration reductions are applicable to discretionary programs,
projects, and activities.projects, and activities.2527 As a result, As a result, the federal share of EB expenditures are required to be 20 For details, see U.S. Department of Labor (DOL), Employment and Training Administration (ETA), Unemployment Insurance Program ~~EB expenditures are required to be reduced 5.7% (only on~~
~~the federal share of EB benefits) for weeks of unemployment during FY2021.26~~
~~As in FY2020, although the temporary UI benefits created under the CARES Act are not~~
~~specifical y excluded from sequestration, OMB released the FY2021 mandatory sequester order~~
~~prior to the enactment of the CARES Act.27 Thus, the CARES Act UI benefits are not subject to~~
~~the FY2021 mandatory sequester order.~~

~~20 For details, see U.S. Department of Labor (DOL), Employment and T raining Administration (ETA),~~ ~~Unemployment~~
~~Insurance Program~~ Letter, UIPL 1-19, December 12, 2018, at https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=, UIPL 1-19, December 12, 2018, at https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=
4536. 4536.
21 For the current EB trigger notice, select “Extended Benefits 21 For the current EB trigger notice, select “Extended Benefits ~~T rigger~~Trigger Notice” at https://oui.doleta.gov/unemploy/ Notice” at https://oui.doleta.gov/unemploy/
claims_arch.asp. claims_arch.asp.
22 OMB, 22 OMB, OMB Sequestration Preview Report to the President and Congress for Fiscal Year 2020, March 18, 2019, at , March 18, 2019, at
https://www.whitehouse.gov/wp-content/uploads/2019/03/sequestration_preview_March_18_2019.pdf. https://www.whitehouse.gov/wp-content/uploads/2019/03/sequestration_preview_March_18_2019.pdf.
23 For details, see DOL, 23 For details, see DOL, ~~ET A~~ETA, Unemployment Insurance Program Letter (UIPL) No. 18-19, September 16, 2019, at , Unemployment Insurance Program Letter (UIPL) No. 18-19, September 16, 2019, at
https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5955. https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5955.
24 24 ~~T he FY2020 Sequestration Order was issued~~ As of June 11, 2020, according to DOLETA all states have met the criteria (see https://oui.doleta.gov/unemploy/pdf/IC3MOmarch.pdf. All states have requested their full allotment with the exception of Puerto Rico, which had met the criteria but had not requested the second allotment. Email from Employment and Training Administration analyst, June 11, 2020. 25 According to DOL guidance, “Unless a state amends its law to reduce EB, as explained below, a reduction in the Federal share of EB due to sequestration means the state becomes responsible for paying the remaining EB share from its own funds” (DOL UIPL No. 18-19, page 2). 26 The FY2020 Sequestration Order was issued by the President on March 18, 2019, available at by the President on March 18, 2019, available at
https://www.whitehouse.gov/presidential-actions/sequestration-order-fiscal-year-2020/. For additional background on https://www.whitehouse.gov/presidential-actions/sequestration-order-fiscal-year-2020/. For additional background on
the FY2020 mandatory sequester, see CRSthe FY2020 mandatory sequester, see CRS In FocusIn Focus IF11332, IF11332, FY2020 Mandatory Sequester Reduces Medicare $15.3
Billion, Other Mandatory Spending $5.39 Billion . .
25 27 OMB, OMB, OMB Report to the Congress on the Joint Committee Reductions for Fiscal Year 2021 ~~, February 10, 2020, at~~
~~https://www.whitehouse.gov/wp-content/uploads/2020/02/JC-sequestration_report_FY21_2-10-20.pdf.~~
~~26 For details, see DOL, ET A, Unemployment Insurance Program Letter (UIPL) No. 18-19, September 16, 2019, at~~
~~https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5955.~~
~~27 T he FY2021 Sequestration Order was issued by the President on February 10, 2020, available at~~
~~https://www.whitehouse.gov/briefings-statements/sequestration-order-fiscal-year-2021/.~~
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, February 10, 2020, at Congressional Research Service 5 Unemployment Insurance: Legislative Issues in the 116th Congress reduced 5.7% for weeks of unemployment during FY2021.28 In the event that EB is payable in FY2021 and there is authority for the 100% federal financing of EB (with the exception of non-sharable compensation—e.g., state and local workers),29 the net sequester reduction to EB benefit payments for FY2021 would be 2.85% (the reduction to non-sharable EB benefits would remain at 5.7%).30 As in FY2020, although the temporary UI benefits created under the CARES Act are not specifically excluded from sequestration, OMB released the FY2021 mandatory sequester order prior to the enactment of the CARES Act.31 Thus, the CARES Act UI benefits are not subject to the FY2021 mandatory sequester order.
Unemployment Insurance During a Government
Shutdown
The lapse in federal appropriations that occurred from December 22, 2018, until January 25, The lapse in federal appropriations that occurred from December 22, 2018, until January 25,
2019, caused a partial government shutdown. As a result, during this lapse in appropriations, 2019, caused a partial government shutdown. As a result, during this lapse in appropriations,
agencies without funding furloughed federal employees, and many federal employees were agencies without funding furloughed federal employees, and many federal employees were
“excepted” from furlough worked without pay.“excepted” from furlough worked without pay.28
32 Furloughed federal employees may be eligible Furloughed federal employees may be eligible for UCFE benefits.for UCFE benefits.2933 States are required to operate States are required to operate
the UCFE program under the same terms and conditions that apply to regular state UC.the UCFE program under the same terms and conditions that apply to regular state UC.3034
Therefore, UCFE eligibilityTherefore, UCFE eligibility is determined under the laws of the state in which an individual’s is determined under the laws of the state in which an individual’s
official duty station in federal civilian service is located. Federal employees who are in furlough official duty station in federal civilian service is located. Federal employees who are in furlough
status because of a government shutdown are status because of a government shutdown are ~~general y~~generally treated by state law as laid off with an treated by state law as laid off with an
expectation of expectation of ~~recal~~ recall. Depending on state laws and regulations, the state may have an option to . Depending on state laws and regulations, the state may have an option to
~~not require federal employees to search for work given an expected recal .31~~
~~However, according to guidance from DOL, excepted federal employees who are performing~~
~~services (but working without pay) would general y be ineligible for UCFE benefits based on~~
~~states’ definitions of “unemployment.”32~~
~~Private-sector workers who are furloughed or laid off due to the partial government shutdown~~
~~because they were employed by government contractors or other businesses may be eligible for~~
~~regular UC benefits. UC eligibility for these workers would be based on the requirements set out~~
~~under the state laws in the state where they had worked.~~
~~Reflecting this climate, there has been congressional interest in assisting furloughed and excepted~~
~~federal employees through the UI system. For example, as described below in the section on~~
~~“Unemployment Compensation for Excepted Federal Employees During a Government~~
~~Shutdown,” there are proposals to provide new authority to pay UCFE benefits to excepted~~
~~federal employees who work without pay.~~
~~The most recent lapse in federal appropriations began December 22, 2018, and ended on January~~
~~25, 2019, with the enactment of H.J.Res. 28.33 Because retroactive pay for furloughed and~~

~~28 See OMB guidance~~ not require federal employees to search for work given an expected recall.35 https://www.whitehouse.gov/wp-content/uploads/2020/02/JC-sequestration_report_FY21_2-10-20.pdf. 28 For details, see DOL, ETA, Unemployment Insurance Program Letter (UIPL) No. 18-19, September 16, 2019, at https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5955. 29 The temporary federal financing of EB, as authorized under FFCRA (P.L. 116-127), is currently authorized for weeks of unemployment ending on or before December 31, 2020, which includes the first quarter of FY2021. 30 DOL has not yet issued FY2021 UI sequester guidance. But the treatment of the federal share of EB in the event of a BCA sequester order presumably would be the same as in previous fiscal years. See the relevant FY2020 DOL guidance: “Unless a state amends its law to reduce EB, as explained below, a reduction in the Federal share of EB due to sequestration means the state becomes responsible for paying the remaining EB share from its own funds” (DOL UIPL No. 18-19, page 2). 31 The FY2021 Sequestration Order was issued by the President on February 10, 2020, available at https://www.whitehouse.gov/briefings-statements/sequestration-order-fiscal-year-2021/. 32 See OMB guidance on the recent lapse in appropriations, available at https://www.whitehouse.gov/omb/information-on the recent lapse in appropriations, available at https://www.whitehouse.gov/omb/information-
for-agencies/agency-contingency-plans/. Also see the Office of Personnel Management guidance on “for-agencies/agency-contingency-plans/. Also see the Office of Personnel Management guidance on “ Pay and Benefits Pay and Benefits
for Employees Affected by the Lapse in Appropriations” (CPM 2019for Employees Affected by the Lapse in Appropriations” (CPM 2019 -06), January 27, 2019, available at -06), January 27, 2019, available at
https://www.chcoc.gov/content/pay-and-benefits-employees-affected-lapse-appropriations-1. https://www.chcoc.gov/content/pay-and-benefits-employees-affected-lapse-appropriations-1.
29 33 Unemployment Compensation for Federal Employees (UCFE) is authorized under Unemployment Compensation for Federal Employees (UCFE) is authorized under 5 U.S.C.5 U.S.C. §§8501-8508. For a §§8501-8508. For a
short discussionshort discussion of this issue,of this issue, ~~see CRS~~ see CRS Insight IN11169, Insight IN11169, Availability of ~~Unem ploym ent~~Unemployment Benefits for Affected Federal
~~Em ployees~~Employees During a ~~Governm ent~~Government Shutdown. .
3034 See See 5 U.S.C.5 U.S.C. §8502(b). §8502(b).
3135 See See OPM, “OPM, “ Unemployment Insurance Questions and AnswersUnemployment Insurance Questions and Answers for Federalfor Federal Workers,” December 2018, available at Workers,” December 2018, available at
https://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/unemploymenthttps://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/unemployment -compensation-for-federal--compensation-for-federal-
employees-factemployees-fact -sheet-sheet ~~-december-2018.pdf.~~
~~32 See DOL, ET A, UIPL 31-13, “ Impacts of the Federal Government Shutdown and Unemployment Compensation for~~
~~Federal Employees and State Administrative Funding for State UI Programs,” Section A(3) of the Attachment~~
~~(“Questions and Answers: Unemployment Insurance and the Federal Government Shutdown ”), October 11, 2013,~~
~~available at https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7589; and also DOL, ET A, “ E-Blast to State~~
~~Unemployment Insurance Agencies,” January 16, 2019, available at https://oui.doleta.gov/unemploy/2019_shutdown/~~
~~docs/E-Blast_to_State_Unemployment_Insurance_Agencies_v3.pdf .~~
~~33 H.J.Res. 28 (enacted January 25, 2019) is a continuing resolution (CR) that provided continuing FY2019~~
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-december-2018.pdf. Congressional Research Service 6 link to page 24 link to page 24 Unemployment Insurance: Legislative Issues in the 116th Congress However, according to guidance from DOL, excepted federal employees who are performing services (but working without pay) would generally be ineligible for UCFE benefits based on states’ definitions of “unemployment.”36 Private-sector workers who are furloughed or laid off due to the partial government shutdown because they were employed by government contractors or other businesses may be eligible for regular UC benefits. UC eligibility for these workers would be based on the requirements set out under the state laws in the state where they had worked. Reflecting this climate, there has been congressional interest in assisting furloughed and excepted federal employees through the UI system. For example, as described below in the section on “Unemployment Compensation for Excepted Federal Employees During a Government Shutdown,” there are proposals to provide new authority to pay UCFE benefits to excepted federal employees who work without pay. The most recent lapse in federal appropriations began December 22, 2018, and ended on January 25, 2019, with the enactment of H.J.Res. 28.37 Because retroactive pay for furloughed and excepted federal employees was authorized under S. 24, the Government Employee Fair excepted federal employees was authorized under S. 24, the Government Employee Fair
Treatment Act of 2019 (enacted January 16, 2019), UCFE payments made to federal employee Treatment Act of 2019 (enacted January 16, 2019), UCFE payments made to federal employee
claimants during this lapse in appropriations may be deemed an overpayment, subject to state UC claimants during this lapse in appropriations may be deemed an overpayment, subject to state UC
laws regarding overpayment recovery. According to the Office of Personnel Management’s laws regarding overpayment recovery. According to the Office of Personnel Management’s
guidance on this issue,guidance on this issue,3438
The state UI agency will determine whether or not an overpayment exists and, The state UI agency will determine whether or not an overpayment exists and, ~~generaly~~generally, ,
the recovery of the UCFE overpayment is a matter for state action under its law; however, the recovery of the UCFE overpayment is a matter for state action under its law; however,
some state UI laws require the employer to recover such overpayment by collecting the some state UI laws require the employer to recover such overpayment by collecting the
overpaymentoverpayment ~~amount~~ amount from thefrom the employee.employee. ~~The Federal and~~ The Federal and state agenciesstate agencies will needwill need to to
coordinate to determine the required action in accordance with the individual state UI law. coordinate to determine the required action in accordance with the individual state UI law.
Federal agencies are encouraged to develop lists or spreadsheets that can be provided to Federal agencies are encouraged to develop lists or spreadsheets that can be provided to
the state(s) containing the employees’ names, social security numbers, and the amounts the state(s) containing the employees’ names, social security numbers, and the amounts
and periods of time covered by the retroactive payment. and periods of time covered by the retroactive payment.
State UC Loans and Solvency Concerns
If a recession is deep enough and if SUTA revenue is inadequate for long periods of time, states If a recession is deep enough and if SUTA revenue is inadequate for long periods of time, states
may have insufficient funds to pay for UC benefits. Federal law, which requires states to pay may have insufficient funds to pay for UC benefits. Federal law, which requires states to pay
these benefits, provides a loan mechanism within the UTF framework that an insolvent state may these benefits, provides a loan mechanism within the UTF framework that an insolvent state may
use to meet its UC benefit payment obligations.use to meet its UC benefit payment obligations.3539 States must pay back these loans. If the loans States must pay back these loans. If the loans
are not paid back quickly (depending on the timing of the beginning of the loan period), states are not paid back quickly (depending on the timing of the beginning of the loan period), states
~~may face interest charges, and states’ employers may face increased net FUTA rates until the~~
~~loans are repaid.36~~
~~As of June 9, 2020, four jurisdictions have outstanding federal loans from the federal accounts~~
~~within the UTF: California ($899 mil ion); New York ($1.6 bil ion); Texas ($72.6 mil ion); and~~
~~the U.S. Virgin Islands ($59.1 mil ion).37 At the end of 2019, 31 states had accrued enough funds~~
~~in their accounts to meet or exceed the minimal y solvent standard of an average high cost~~
~~multiple (AHCM) of 1.0 in order to be prepared for a recession.38~~

~~appropriations to several federal agencies through February 15, 2019.~~
~~34 OPM, “Pay and Benefits for Employees Affected by the Lapse in Appropriations” (CPM 2019~~ 36 See DOL, ETA, UIPL 31-13, “Impacts of the Federal Government Shutdown and Unemployment Compensation for Federal Employees and State Administrative Funding for State UI Programs,” Section A(3) of the Attachment (“Questions and Answers: Unemployment Insurance and the Federal Government Shutdown”), October 11, 2013, available at https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7589; and also DOL, ETA, “E-Blast to State Unemployment Insurance Agencies,” January 16, 2019, available at https://oui.doleta.gov/unemploy/2019_shutdown/docs/E-Blast_to_State_Unemployment_Insurance_Agencies_v3.pdf. 37 H.J.Res. 28 (enacted January 25, 2019) is a continuing resolution (CR) that provided continuing FY2019 appropriations to several federal agencies through February 15, 2019. 38 OPM, “Pay and Benefits for Employees Affected by the Lapse in Appropriations” (CPM 2019-06), January 27, -06), January 27,
2019, available at https://www.chcoc.gov/content/pay-and-benefits-employees-affected-lapse-appropriations-1. 2019, available at https://www.chcoc.gov/content/pay-and-benefits-employees-affected-lapse-appropriations-1.
35 39 Federal UC Federal UC ~~law~~ law does not restrict the states from using loan resources outsidedoes not restrict the states from using loan resources outside of the of the ~~UT F~~UTF. Depending . Depending ~~o n~~on state law, state law,
states may have other funding measures availablestates may have other funding measures available and may beand may be able to use fundsable to use funds from outside of the from outside of the ~~UT F~~UTF to pay the to pay the
benefits (suchbenefits (such as issuingas issuing ~~bonds).~~
~~36 Details on how states may borrow federal funds to pay for UC benefits are in CRS Report RS22954,~~ ~~The~~
~~Unem ploym ent Trust Fund (UTF): State Insolvency and Federal Loans to States~~.
~~37 U.S. Department of the T reasury, Bureau of Public Debt, Title XII Advance Activities Schedule, June 9, 2020, at~~
~~http://www.treasurydirect.gov/govt/reports/tfmp/tfmp_advactivitiessched.htm.~~
~~38 T he average high-cost multiple (AHCM) is the ratio of actual state Unemployment Trust Fund account balances~~
~~(divided by covered wages in that year) to the average of the 3 highest years of benefit payments (each divided by that~~
~~year’s covered wages) experienced by the state over the past 20 years. Presumably, the average of the 3 high est years’~~
~~outlays would be a good indicator of potential expected UC payments if another recession were to occur. Under these~~
~~assumptions, if a state had saved enough funds to pay for an average high year of UC benefit activity, its AHCM would~~
~~be at least 1.0. See DOL, Office of Unemployment Insurance, Division of Fiscal and Actuarial Services,~~ ~~State~~
~~Unem ploym ent Insurance Trust Fund Solvency Report 2020,~~ ~~February 2020, at https://oui.doleta.gov/unemploy/docs/~~
~~trustFundSolvReport2020.pdf.~~
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~~Reemployment Services and Eligibility Assessments~~
~~Beginning~~ bonds). Congressional Research Service 7 Unemployment Insurance: Legislative Issues in the 116th Congress may face interest charges, and states’ employers may face increased net FUTA rates until the loans are repaid.40 As of July 20, 2020, 11 jurisdictions have outstanding federal loans from the federal accounts within the UTF: California ($6.0 billion); Hawaii ($15.7 million); Illinois ($699.4 million); Kentucky ($105.2 million); Massachusetts ($574.1 million); Minnesota ($47.0 million); New York ($4.5 billion); Ohio ($447.9 million); Texas ($2.0 billion); U.S. Virgin Islands ($58.7 million); and West Virginia ($27.0 million).41 At the end of 2019, 31 states had accrued enough funds in their accounts to meet or exceed the minimally solvent standard of an average high cost multiple (AHCM) of 1.0 in order to be prepared for a recession.42 Reemployment Services and Eligibility Assessments Beginning in FY2015, DOL funded state efforts “addressing individual reemployment needs of in FY2015, DOL funded state efforts “addressing individual reemployment needs of
UI claimants, and working to prevent and detect UI overpayments” through the voluntary UI claimants, and working to prevent and detect UI overpayments” through the voluntary
Reemployment Services and EligibilityReemployment Services and Eligibility Assessment (RESEA) program.Assessment (RESEA) program.3943 RESEA provides RESEA provides
funding to states to conduct in-person interviews with selected UI claimants to (1) assure that funding to states to conduct in-person interviews with selected UI claimants to (1) assure that
claimants are complying with the eligibilityclaimants are complying with the eligibility rules, (2) determine if reemployment services are rules, (2) determine if reemployment services are
needed for the claimant to secure future employment, (3) refer the individual to reemployment needed for the claimant to secure future employment, (3) refer the individual to reemployment
services as necessary, and (4) provide labor market information that addresses the claimant’s services as necessary, and (4) provide labor market information that addresses the claimant’s
specific needs. Section 30206 of P.L. 115-123 codified the authority for DOL to administer a specific needs. Section 30206 of P.L. 115-123 codified the authority for DOL to administer a
RESEA program.RESEA program.4044 It also set out various requirements for states to use certain types of evidence- It also set out various requirements for states to use certain types of evidence-
based interventions for UI claimants under RESEA and based interventions for UI claimants under RESEA and ~~al ocated~~allocated discretionary funding for discretionary funding for
RESEA across three categories (base funding, outcome payments, and research and technical RESEA across three categories (base funding, outcome payments, and research and technical
assistance). State RESEA programs must include reasonable notice and accommodations to assistance). State RESEA programs must include reasonable notice and accommodations to
participating UI beneficiaries. participating UI beneficiaries.
On April On April 4, 2019, DOL published a proposed methodology to 4, 2019, DOL published a proposed methodology to ~~al ocate~~allocate base RESEA base RESEA funds and funds and
outcome payments. DOL requested state and public comments on this proposal by May 6, 2019.outcome payments. DOL requested state and public comments on this proposal by May 6, 2019.41
~~On August 8, 2019, DOL published a notice that summarizes and responds to the public~~
~~comments as wel as sets out the RESEA al ocation formula that wil be effective beginning in~~
~~FY2021.42~~
~~President’s Budget Proposal for FY2021~~
~~The President’s budget for FY2021 proposes changes to several aspects of the UI system.43 It~~
~~would create a new required standard for state account balances within the UTF and a new benefit~~
~~entitlement for paid parental leave financed through state unemployment taxes. The President’s~~
~~FY2021 budget also proposes a set of additional integrity measures, including the required use of~~
~~certain databases to confirm UC eligibility and requiring Social Security Disability Insurance~~
~~(SSDI) benefits offset UI benefits.~~

~~39 Since~~ 45 40 Details on how states may borrow federal funds to pay for UC benefits are in CRS Report RS22954, The Unemployment Trust Fund (UTF): State Insolvency and Federal Loans to States. 41 U.S. Department of the Treasury, Bureau of Public Debt, Title XII Advance Activities Schedule, July 20, 2020, at http://www.treasurydirect.gov/govt/reports/tfmp/tfmp_advactivitiessched.htm. 42 The average high-cost multiple (AHCM) is the ratio of actual state Unemployment Trust Fund account balances (divided by covered wages in that year) to the average of the 3 highest years of benefit payments (each divided by that year’s covered wages) experienced by the state over the past 20 years. Presumably, the average of the 3 highest years’ outlays would be a good indicator of potential expected UC payments if another recession were to occur. Under these assumptions, if a state had saved enough funds to pay for an average high year of UC benefit activity, its AHCM would be at least 1.0. See DOL, Office of Unemployment Insurance, Division of Fiscal and Actuarial Services, State Unemployment Insurance Trust Fund Solvency Report 2020, February 2020, at https://oui.doleta.gov/unemploy/docs/trustFundSolvReport2020.pdf. 43 Since FY2005, DOL has provided some type of reemployment services through discretionary appropriations. For FY2005, DOL has provided some type of reemployment services through discretionary appropriations. For
additional background,additional background, see CRSsee CRS Report R43044, Report R43044, Expediting the Return to Work: Approaches in the ~~Unem ploym ent~~
~~Com pensation Program~~ ~~; and DOL, ET A~~Unemployment Compensation Program; and DOL, ETA, Unemployment Insurance Program Letter, UIPL 3-17, December 8, 2016, p. , Unemployment Insurance Program Letter, UIPL 3-17, December 8, 2016, p.
2, available2, available at at https://wdr.doleta.gov/directives/attach/UIPL/UIPL_03-17.pdf. https://wdr.doleta.gov/directives/attach/UIPL/UIPL_03-17.pdf.
~~40 T he~~ 44 The law created a new law created a new Section 306 of the SocialSection 306 of the Social Security ActSecurity Act . Just over a month later, on March 23, 2018, the . Just over a month later, on March 23, 2018, the
Consolidated Appropriations Act, FY2018Consolidated Appropriations Act, FY2018 (P.L. 115-141), provided from the (P.L. 115-141), provided from the ~~UT F~~UTF $2.6 billion in state grants for $2.6 billion in state grants for
administering state UI lawsadministering state UI laws as authorized under title III of the Social Security Act (includingas authorized under title III of the Social Security Act (including not less than $120 million not less than $120 million
for RESEAfor RESEA and UCand UC improper payment reviews, and to provide reemployment services and referrals to training, as improper payment reviews, and to provide reemployment services and referrals to training, as
appropriate) and provided that such activities wouldappropriate) and provided that such activities would not be subject to the newlynot be subject to the newly created Section 306 of the Social created Section 306 of the Social
Security Act for that fiscal year (FY2018). Security Act for that fiscal year (FY2018).
4145 DOL, DOL, ~~ET A~~ETA, “Allocating Grants to States for Reemployment Services and Eligibility Assessments, “Allocating Grants to States for Reemployment Services and Eligibility Assessments (RESEA)(RESEA) ~~and~~
~~Determining Outcome Payments in Accordance With T itle III, Section 306 of the Social Security Act,” 84~~ ~~Federal~~
~~Register~~ ~~13319-21, April 4, 2019, accessible at https://www.govinfo.gov/content/pkg/FR-2019-04-04/pdf/2019-~~
~~06558.pdf.~~
~~42 DOL, ET A, “Allocating Grants to States for Reemployment Services and Eligibility Assessments (RESEA) in~~
~~Accordance With T itle III, Section 306 of the Social Security Act (SSA) ,” 84 Federal Register 139018-20, August 8,~~
~~2019, accessible at https://www.govinfo.gov/content/pkg/FR-2019-08-08/pdf/2019-16988.pdf.~~
~~43 T he President’s detailed budget proposal for UC in FY2021 is accessible at https://www.dol.gov/general/budget. T he~~
~~President’s budgets for FY2019 and FY2020 included substantively similar UC proposals and are accessible at~~
~~https://www.dol.gov/general/budget/index-2019 and https://www.dol.gov/general/budget/index-2020.~~
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and Congressional Research Service 8 Unemployment Insurance: Legislative Issues in the 116th Congress On August 8, 2019, DOL published a notice that summarizes and responds to the public comments as well as sets out the RESEA allocation formula that will be effective beginning in FY2021.46 President’s Budget Proposal for FY2021 The President’s budget for FY2021 proposes changes to several aspects of the UI system.47 It would create a new required standard for state account balances within the UTF and a new benefit entitlement for paid parental leave financed through state unemployment taxes. The President’s FY2021 budget also proposes a set of additional integrity measures, including the required use of certain databases to confirm UC eligibility and requiring Social Security Disability Insurance (SSDI) benefits offset UI benefits. New Minimum Account Balance for State UTF Accounts
The President’s budget proposal for FY2021 would require states to maintain a minimum level of The President’s budget proposal for FY2021 would require states to maintain a minimum level of
solvency in their UTF account balances to be at least half (0.5) of the state’s AHCM. (Under solvency in their UTF account balances to be at least half (0.5) of the state’s AHCM. (Under
current law, states have incentives to maintain an AHCMcurrent law, states have incentives to maintain an AHCM of at least 1.0 but are not required to do of at least 1.0 but are not required to do
so.) The proposal would alter the rules for calculating the net FUTA rate, requiring a higher net so.) The proposal would alter the rules for calculating the net FUTA rate, requiring a higher net
FUTA rate on a state’s employers if that state maintained an AHCMFUTA rate on a state’s employers if that state maintained an AHCM of less than 0.5 on January 1 of less than 0.5 on January 1
of two or more consecutive years. The additional FUTA revenue would be deposited into the state of two or more consecutive years. The additional FUTA revenue would be deposited into the state
UTF account and would be terminated once the state met the 0.5 AHCM criteria.UTF account and would be terminated once the state met the 0.5 AHCM criteria.44
48 Paid Family Leave Benefit
The President’s budget proposal for FY2021 would require states to establish a paid parental The President’s budget proposal for FY2021 would require states to establish a paid parental
leave benefit, using the UC program as its base for an administrative framework.leave benefit, using the UC program as its base for an administrative framework.4549 States would States would
be required to provide six weeks of benefits to a worker on leave or otherwise absent from work be required to provide six weeks of benefits to a worker on leave or otherwise absent from work
for the birth or adoption of the worker’s child.for the birth or adoption of the worker’s child.4650 States would have discretion to determine the States would have discretion to determine the
parameters of eligibilityparameters of eligibility and financing for this new paid parental leave benefit. Determining Outcome Payments in Accordance With Title III, Section 306 of the Social Security Act,” 84 Federal Register 13319-21, April 4, 2019, accessible at https://www.govinfo.gov/content/pkg/FR-2019-04-04/pdf/2019-06558.pdf. 46 DOL, ETA, “Allocating Grants to States for Reemployment Services and Eligibility Assessments (RESEA) in Accordance With Title III, Section 306 of the Social Security Act (SSA),” 84 Federal Register 139018-20, August 8, 2019, accessible at https://www.govinfo.gov/content/pkg/FR-2019-08-08/pdf/2019-16988.pdf. 47 The President’s detailed budget proposal for UC in FY2021 is accessible at https://www.dol.gov/general/budget. The President’s budgets for FY2019 and FY2020 included substantively similar UC proposals and are accessible at https://www.dol.gov/general/budget/index-2019 and https://www.dol.gov/general/budget/index-2020. 48 Seven states did not meet this solvency measure at the end of 2019: California, New York, Texas, Illinois, Massachusetts, Ohio, and the U.S. Virgin Islands. A total of 22 states did not qualify for interest~~and financing for this new paid parental leave benefit.~~
~~UI Program Integrity~~
~~Requirements to Use Particular Data Sources for Program Integrity~~
~~The President’s 2021 budget would require states to use three specific data sources to confirm an~~
~~individual’s eligibility for UC benefits: the State Information Data Exchange System (SIDES,~~
~~administered by Information Technology Support Center [ITSC] and DOL); the National~~
~~Directory for New Hires (NDNH, administered by the Department of Health and Human~~
~~Services); and the Prisoner Update Processing System (PUPS, administered by the Social~~
~~Security Administration).47~~
~~Additional Integrity Proposals~~
~~The proposal would create several additional integrity measures, including~~
~~ giving the Secretary of Labor the authority to implement new corrective action~~
~~measures in response to poor state administrative performance within the~~
~~program;~~

~~44 Seven states did not meet this solvency measure at the end of 2019: California, New York, T exas, Illino is,~~
~~Massachusetts, Ohio, and the U.S. Virgin Islands. A total of 22 states did not qualify for interest~~ -free short-term loans -free short-term loans
for FY2020. See DOL, Office of Unemployment Insurance, Division of Fiscal and Actuarial Services,for FY2020. See DOL, Office of Unemployment Insurance, Division of Fiscal and Actuarial Services, State
~~Unem ploym ent~~Unemployment Insurance Trust Fund Solvency Report 2020, Chart 1 and , Chart 1 and ~~T able~~Table 1, pp. 59-60, February 2020, at 1, pp. 59-60, February 2020, at
https://oui.doleta.gov/unemploy/docs/trustFundSolvReport2020.pdf. https://oui.doleta.gov/unemploy/docs/trustFundSolvReport2020.pdf.
4549 For information on a previous attempt to create a paid benefit for the birth or adoption of a child through the UC For information on a previous attempt to create a paid benefit for the birth or adoption of a child through the UC
program, see CRSprogram, see CRS In FocusIn Focus ~~IF10643, Unem ployment Com pensation (UC) and Fam ily Leave.~~
46 IF10643, Unemployment Compensation (UC) and Family Leave. 50 It is not clear if this proposal creates any new It is not clear if this proposal creates any new entitlement to job-protected leave itself; rather, it appears to create a entitlement to job-protected leave itself; rather, it appears to create a
newnew entitlement to income replacement while an individualentitlement to income replacement while an individual is taking is taking ~~parent al~~parental leave. For information on states that leave. For information on states that
currently operate state paid family leave insurance programs, includingcurrently operate state paid family leave insurance programs, including California, Rhode Island,California, Rhode Island, ~~New~~ New Jersey, and New Jersey, and New
York as wellYork as well as states that have enacted paid family leave insurance programs, but whichas states that have enacted paid family leave insurance programs, but which are not yet fully implemented Congressional Research Service 9 Unemployment Insurance: Legislative Issues in the 116th Congress UI Program Integrity Requirements to Use Particular Data Sources for Program Integrity The President’s 2021 budget would require states to use three specific data sources to confirm an individual’s eligibility for UC benefits: the State Information Data Exchange System (SIDES, administered by Information Technology Support Center [ITSC] and DOL); the National Directory for New Hires (NDNH, administered by the Department of Health and Human Services); and the Prisoner Update Processing System (PUPS, administered by the Social Security Administration).51 Additional Integrity Proposals The proposal would create several additional integrity measures, including  giving the Secretary of Labor the authority to implement new corrective action measures in response to poor state administrative performance within the program;  allowing~~are not yet fully implemented~~
~~and not paying benefits (e.g., the District of Columbia, Massachusetts, and Washington State), see CRS Report~~
~~R44835, Paid Fam ily and Medical Leave in the United States.~~
~~47 States currently have the federal authority to use these data sources, but their use is not mandatory.~~
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

~~ al owing~~ states to retain a percentage of UC overpayments for program integrity states to retain a percentage of UC overpayments for program integrity
use; use;
 requiring states to deposit  requiring states to deposit al all UC penalty and interest payments into a special UC penalty and interest payments into a special
state fund, with these funds required to be used for improving state UI state fund, with these funds required to be used for improving state UI
administration as administration as ~~wel~~ well as providing reemployment services for UI claimants;as providing reemployment services for UI claimants;4852
and and
 offsetting SSDI benefits to account for concurrent receipt of UI benefits.  offsetting SSDI benefits to account for concurrent receipt of UI benefits.4953
New Final Rule on UC Drug Testing
Section 2105 of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96; February Section 2105 of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96; February
22, 2012) amended federal law to 22, 2012) amended federal law to ~~al ow~~allow states to conduct two types of drug testing. First, it states to conduct two types of drug testing. First, it
expanded the long-standing state option to disqualify UC applicants who were discharged from expanded the long-standing state option to disqualify UC applicants who were discharged from
employment with their most recent employer (as defined under state law) for unlawful drug use employment with their most recent employer (as defined under state law) for unlawful drug use
by by ~~al owing~~allowing states to drug test these applicants to determine UC benefit eligibility states to drug test these applicants to determine UC benefit eligibility or or
disqualification. Second, it disqualification. Second, it ~~al owed~~allowed states to drug test UC applicants for whom suitable work (as states to drug test UC applicants for whom suitable work (as
defined under state law) is availabledefined under state law) is available only in an occupation that regularly conducts drug testing, to only in an occupation that regularly conducts drug testing, to
be determined under new regulations issued by the Secretary of Labor. be determined under new regulations issued by the Secretary of Labor.
As required by P.L. 112-96, on August 1, 2016, DOL promulgated 20 C.F.R. Part 620, As required by P.L. 112-96, on August 1, 2016, DOL promulgated 20 C.F.R. Part 620,5054 a new a new
rule to implement the law’s provisions relating to the drug testing of UC applicants for whom rule to implement the law’s provisions relating to the drug testing of UC applicants for whom
~~suitable work (as defined under state law) is available only in an occupation that regularly~~
~~conducts drug testing.~~
~~Amid stakeholders’ concerns about the 2016 DOL rule, Congress repealed this UC drug testing~~
~~rule using the Congressional Review Act (CRA) via H.J.Res. 42/P.L. 115-17.51 On November 5,~~
~~2018, DOL published a Notice of Proposed Rulemaking (NPRM) to reissue the rule identifying~~
~~occupations that regularly conduct drug testing for purposes of Section 2105 of P.L. 112-96.52 The~~
~~CRA prohibits an agency from reissuing the rule in “substantial y the same form” or issuing a~~
~~“new rule that is substantial y the same” as the disapproved rule, “unless the reissued or new rule~~
~~is specifical y authorized by a law enacted after the date of the joint resolution disapproving the~~

~~48 In addition, under~~ and not paying benefits (e.g., the District of Columbia, Massachusetts, and Washington State), see CRS Report R44835, Paid Family and Medical Leave in the United States. 51 States currently have the federal authority to use these data sources, but their use is not mandatory. 52 In addition, under this proposal, states with high improper payment rates would bethis proposal, states with high improper payment rates would be ~~required~~ required to spend a portion of the to spend a portion of the
UC penalty and interest payments funds on program integrity activities.UC penalty and interest payments funds on program integrity activities.
49 53 For general background For general background on the issueon the issue of concurrent receipt of SSDIof concurrent receipt of SSDI and UI, seeand UI, see ~~CRS~~ CRS Report R43471, Report R43471, Concurrent
Receipt of Social Security Disability Insurance (SSDI) and ~~Unem ployment~~Unemployment Insurance (UI): Background and Legislative
Proposals. .
5054 See See “Federal-State Unemployment Compensation Program; Middle Class“Federal-State Unemployment Compensation Program; Middle Class ~~T ax~~ Tax Relief and Job Relief and Job Creation Act of 2012 Creation Act of 2012
Provision on Establishing Appropriate Occupations for Drug Provision on Establishing Appropriate Occupations for Drug ~~T esting~~Testing of Unemployment Compensation Applicants,” 81 Congressional Research Service 10 Unemployment Insurance: Legislative Issues in the 116th Congress suitable work (as defined under state law) is available only in an occupation that regularly conducts drug testing. Amid stakeholders’ concerns about the 2016 DOL rule, Congress repealed this UC drug testing rule using the Congressional Review Act (CRA) via H.J.Res. 42/P.L. 115-17.55 On November 5, 2018, DOL published a Notice of Proposed Rulemaking (NPRM) to reissue the rule identifying occupations that regularly conduct drug testing for purposes of Section 2105 of P.L. 112-96.56 The CRA prohibits an agency from reissuing the rule in “substantially the same form” or issuing a “new rule that is substantially the same” as the disapproved rule, “unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule.” Notably, this is the first time an agency has proposed to reissue a rule after the original version was disapproved under the CRA.57 According to the 2018 NPRM, DOL has addressed the reissue requirements of the CRA by proposing a substantially different and more flexible approach to the statutory requirements than the 2016 Rule, enabling ~~of Unemployment Compensation Applicants,” 81~~
Federal Register 50298-50302, August 1, 2016, at https://www.govinfo.gov/content/pkg/FR-2016-08-01/pdf/2016-
~~17738.pdf.~~
~~51 For examples of these stakeholder concerns, see CRS Report R45889,~~ ~~Unemployment Compensation (UC): Issues~~
~~Related to Drug Testing. For information on the Congressional Review Act, see CRS Report R43992,~~ ~~The~~
~~Congressional Review Act (CRA): Frequently Asked Questions~~.
~~52 DOL, ET A, “Federal-State Unemployment Compensation Program; Establishing Appropriate Occupations for Drug~~
~~T esting of Unemployment Compensation Applicants Under the Middle Class T ax Relief and Job Creation Act of~~
~~2012,” 83 Federal Register 55311-55318, November 5, 2018, at https://www.federalregister.gov/documents/2018/11/~~
~~05/2018-23952/federal-state-unemployment-compensation-program-establishing-appropriate-occupations-for-drug.~~
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~~original rule.” Notably, this is the first time an agency has proposed to reissue a rule after the~~
~~original version was disapproved under the CRA.53~~
~~According to the 2018 NPRM, DOL has addressed the reissue requirements of the CRA by~~
~~proposing a substantial y different and more flexible approach to the statutory requirements than~~
~~the 2016 Rule, enabling~~ states to enact legislation to require drug testing for a far larger group of states to enact legislation to require drug testing for a far larger group of
UC applicants than the previous rule permitted. This flexibilityUC applicants than the previous rule permitted. This flexibility is intended to respect the diversity is intended to respect the diversity
of states’ economies and the different roles played by employment drug testing in those of states’ economies and the different roles played by employment drug testing in those
economies.economies.5458
Comments on the proposed 2018 rule were required to be submitted by January 4, 2019. Comments on the proposed 2018 rule were required to be submitted by January 4, 2019.5559 As of As of
September 25, 2019, the Office of Management and Budget’s Office of Information and September 25, 2019, the Office of Management and Budget’s Office of Information and
Regulatory Affairs completed its final review of this rule.Regulatory Affairs completed its final review of this rule.5660 The final rule was issued on October The final rule was issued on October
4, 2019.4, 2019.5761
For an analysis of selected policy considerations relevant to UC drug testing, including arguments For an analysis of selected policy considerations relevant to UC drug testing, including arguments
for and against expanded drug testing, potential legal concerns, and administrative considerations, for and against expanded drug testing, potential legal concerns, and administrative considerations,
see CRS Report R45889, see CRS Report R45889, Unemployment Compensation (UC): Issues Related to Drug Testing. .
~~Enacted Laws in the 116th Congress~~
~~P.L. 116-127, the Families First Coronavirus Response Act (FFCRA)~~
~~On March 18, 2020, President Trump signed P.L. 116-127 (H.R. 6201), the Families First~~
~~Coronavirus Response Act (FFCRA). The UI provisions are found in Division D of P.L. 116-127.~~
~~Division D general y gives states more flexibility to address COVID-19 through expanded benefit~~
~~eligibility as wel as additional administrative funding. DOL has published guidance for states on~~
~~how to implement the Families First Coronavirus Response act in its Unemployment Insurance~~
~~Program Letter No. 13-20, March 22, 2020, available at https://wdr.doleta.gov/directives/~~
~~corr_doc.cfm?DOCN=8634.~~
~~Administrative Grants to States~~
~~Section 4102(a) of FFCRA provides up to a total of $1 bil ion in “emergency administrative~~
~~grants” to states in calendar year 2020.58 Half of each state’s share is available if the state meets~~

~~53 For more information on potential implications for this reissued rule stemming from the disapproval of the 2016 rul e~~
~~under the CRA, see CRS Insight IN10996,~~ ~~Reissued Labor Departm ent Rule Tests Congressional Review Act Ban on~~
~~Promulgating “Substantially the Same” Rules~~.
~~54 See DOL, “Federal-State Unemployment Compensation Program,” pp. 55312-55313.~~
~~55 T he 211 comments received on this rule are available at https://www.regulations.gov/docket?D=ET A-2018-0004.~~
~~56 OMB, Office of Information and Regulatory Affairs, Reginfo.gov, “ OIRA Conclusion of EO 12866 Regulatory~~
~~Review,” at https://www.reginfo.gov/public/do/eoDetails?rrid=129401.~~
~~57 Employment and T raining Administration, Depart ment of Labor, “Federal-State Unemployment Compensation~~
~~Program; Establishing Appropriate Occupations for Drug T esting of Unemployment Compensation Applicants Under~~
~~the Middle Class T ax Relief and Job Creation Act of 2012 ,” 84 Federal Register 53037-52, October 4,~~
~~2019, https://www.govinfo.gov/content/pkg/FR-2019-10-04/pdf/2019-21227.pdf.~~
~~58 DOL has published the state shares of these emergency administrative grants in UIPL No. 13-20, “~~ Federal Register 50298-50302, August 1, 2016, at https://www.govinfo.gov/content/pkg/FR-2016-08-01/pdf/2016-17738.pdf. 55 For examples of these stakeholder concerns, see CRS Report R45889, Unemployment Compensation (UC): Issues Related to Drug Testing. For information on the Congressional Review Act, see CRS Report R43992, The Congressional Review Act (CRA): Frequently Asked Questions. 56 DOL, ETA, “Federal-State Unemployment Compensation Program; Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants Under the Middle Class Tax Relief and Job Creation Act of 2012,” 83 Federal Register 55311-55318, November 5, 2018, at https://www.federalregister.gov/documents/2018/11/05/2018-23952/federal-state-unemployment-compensation-program-establishing-appropriate-occupations-for-drug. 57 For more information on potential implications for this reissued rule stemming from the disapproval of the 2016 rule under the CRA, see CRS Insight IN10996, Reissued Labor Department Rule Tests Congressional Review Act Ban on Promulgating “Substantially the Same” Rules. 58 See DOL, “Federal-State Unemployment Compensation Program,” pp. 55312-55313. 59 The 211 comments received on this rule are available at https://www.regulations.gov/docket?D=ETA-2018-0004. 60 OMB, Office of Information and Regulatory Affairs, Reginfo.gov, “OIRA Conclusion of EO 12866 Regulatory Review,” at https://www.reginfo.gov/public/do/eoDetails?rrid=129401. 61 Employment and Training Administration, Department of Labor, “Federal-State Unemployment Compensation Program; Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants Under the Middle Class Tax Relief and Job Creation Act of 2012 ,” 84 Federal Register 53037-52, October 4, 2019, https://www.govinfo.gov/content/pkg/FR-2019-10-04/pdf/2019-21227.pdf. Congressional Research Service 11 Unemployment Insurance: Legislative Issues in the 116th Congress Enacted Laws in the 116th Congress P.L. 116-127, the Families First Families First
Coronavirus Response ActCoronavirus Response Act~~, Division D Emergency Unemployment Insurance Stabilization and Access Act of 2020 ,”~~
~~March 22, 2020,~~ (FFCRA) On March 18, 2020, President Trump signed P.L. 116-127 (H.R. 6201), the Families First Coronavirus Response Act (FFCRA). The UI provisions are found in Division D of P.L. 116-127. Division D generally gives states more flexibility to address COVID-19 through expanded benefit eligibility as well as additional administrative funding. DOL has published guidance for states on how to implement the Families First Coronavirus Response act in its Unemployment Insurance Program Letter No. 13-20, March 22, 2020, available at https://wdr.doleta.gov/directives/https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8634. Administrative Grants to States Section 4102(a) of FFCRA provides up to a total of $1 billion in “emergency administrative grants” to states in calendar year 2020.62 Half of each state’s share is available if the state meets certain requirements related to UC eligibility ~~corr_doc.cfm?DOCN=8634.The maximum payment allowable for a~~
~~state is calculated using the methods also used in Reed Act distributions. T hat is, funds would be distributed to the state~~
~~Unemployment T rust Fund (UT F) accounts based on the state’s share of estimated federal unemployment taxes~~
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

~~certain requirements related to UC eligibility~~ notifications and claims access. The second half of notifications and claims access. The second half of
each state’s share is available if it qualifiedeach state’s share is available if it qualified for the first half and if the state experiences at least a for the first half and if the state experiences at least a
10% increase in UC claims over the previous calendar year and meets certain other requirements 10% increase in UC claims over the previous calendar year and meets certain other requirements
related to easing UC eligibilityrelated to easing UC eligibility requirements for individuals affected by COVID-19. requirements for individuals affected by COVID-19. ~~Additional y~~Additionally, ,
there are reporting requirements to DOL and committees of jurisdiction within one year for states there are reporting requirements to DOL and committees of jurisdiction within one year for states
that receive these grants.that receive these grants.5963
Waives Certain UI Requirements for Benefits
Section 4102(b) of FFCRA waives any federal UI requirements (i.e., under Section 303 of the Section 4102(b) of FFCRA waives any federal UI requirements (i.e., under Section 303 of the
Social Security Act and Federal Unemployment Tax Act [FUTA] Section 3304) related to work Social Security Act and Federal Unemployment Tax Act [FUTA] Section 3304) related to work
search, one-week waiting periods,search, one-week waiting periods,6064 quits for good cause, quits for good cause,6165 and employer tax assessments for state 62 DOL has published the state shares of these emergency administrative grants in UIPL No. 13-20, “Families First Coronavirus Response Act, Division D Emergency Unemployment Insurance Stabilization and Access Act of 2020,” March 22, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8634.The maximum payment allowable for a state is calculated using the methods also used in Reed Act distributions. That is, funds would be distributed to the state Unemployment Trust Fund (UTF) accounts based on the state’s share of estimated federal unemployment taxes (excluding reduced credit payments) made by the state’s employers. For background on Reed Act distributions, see CRS Report RS22006, The Unemployment Trust Fund and Reed Act Distributions. 63 As of June 11, 2020, according to DOL, all states have met the criteria for receiving these FFCRA ~~and employer tax assessments for state~~
~~programs if a state modifies its UC laws “on an emergency temporary basis as needed to respond~~
~~to the spread of COVID-19.62”~~
~~Waives Interest Payments Due and Accrual of Interest on UTF Loans~~
~~Section 4103 of FFCRA temporarily waives interest payments and the accrual of interest on~~
~~federal advances (loans) to states to pay UC benefits through December 2020.63 But it would not~~
~~reduce any underlying loan principal.64~~
~~Short-Time Compensation Assistance~~
~~Section 4104 of FFCRA requires DOL to provide assistance to states in establishing,~~
~~implementing, and improving Short-Time Compensation (work sharing) programs.65~~

~~(excluding reduced credit payments) made by the state’s employers. For background on Reed Act distributions, see~~
~~CRS Report RS22006, The Unem ploym ent Trust Fund and Reed Act Distributions.~~
~~59 As of June 11, 2020, according to DOL, all states have met the criteria for receiving these FFCRA~~ grants (see grants (see
https://oui.doleta.gov/unemploy/pdf/IC3MOmarch.pdf). All states have requested their full allotment with the https://oui.doleta.gov/unemploy/pdf/IC3MOmarch.pdf). All states have requested their full allotment with the
exception of Puerto Rico, which had not requested the second allotment. Email from Employment and exception of Puerto Rico, which had not requested the second allotment. Email from Employment and ~~T raining~~Training
Administration analyst, June 11, 2020. Administration analyst, June 11, 2020.
6064 Many states require that an individual, Many states require that an individual, who is otherwise eligiblewho is otherwise eligible for UI benefits, serve a waiting period (one week) for UI benefits, serve a waiting period (one week)
before benefits are payable. Somebefore benefits are payable. Some states currently also waive this waitingstates currently also waive this waiting ~~week~~ week requirement under certain situations, requirement under certain situations,
such assuch as a disastera disaster or emergency declaration. For additional details, see or emergency declaration. For additional details, see ~~T able 3~~ Table 3-7 (“-7 (“ State Initial Waiting Periods”) in State Initial Waiting Periods”) in
“Chapter 3: Monetary Eligibility,” of DOL’s “Chapter 3: Monetary Eligibility,” of DOL’s 2019 Comparison of State Unemployment Insurance Laws, available at , available at
https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/2019/monetary.pdf. https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/2019/monetary.pdf.
61 65 Individuals Individuals generally are requiredgenerally are required to have lost a job through no fault of their ownto have lost a job through no fault of their own ~~in order~~ to be eligible to be eligible for UC for UC
benefits, but states also define “good cause”benefits, but states also define “good cause” voluntary quits that do not make UC claimants ineligiblevoluntary quits that do not make UC claimants ineligible for benefits. For for benefits. For
additional details, see beginningadditional details, see beginning on p. 2 of “on p. 2 of “ Chapter 5: Nonmonetary Eligibility,” of DOL’s Chapter 5: Nonmonetary Eligibility,” of DOL’s 2019 ~~Com parison~~Comparison of State
~~Unem ploym ent~~Unemployment Insurance Laws, available at, available at https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/2019/nonmonetary.pdf. Congressional Research Service 12 Unemployment Insurance: Legislative Issues in the 116th Congress programs if a state modifies its UC laws “on an emergency temporary basis as needed to respond to the spread of COVID-19.”66 Waives Interest Payments Due and Accrual of Interest on UTF Loans Section 4103 of FFCRA temporarily waives interest payments and the accrual of interest on federal advances (loans) to states to pay UC benefits through December 2020.67 But it would not reduce any underlying loan principal.68 Short-Time Compensation Assistance Section 4104 of FFCRA requires DOL to provide assistance to states in establishing, implementing, and improving Short-Time Compensation (work sharing) programs.69 Temporary 100% Federal Financing of EB for States Qualify for Full Division D Administrative Grants Finally, Section 4105 of FFCRA temporarily makes Extended Benefits (EB) 100% federally~~https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/2019/~~
~~nonmonetary.pdf.~~
~~62 One of the more restrictive federal UI requirements in the context of this COVID-19 outbreak is the requirement~~
~~under Section 303(a) of the Social Security Act that the unemployed must be “ able to work, available to work, and~~
~~actively seeking work” in order to be eligible for regular UC benefits (see 42 U.S.C. Section 503(a)(12)). While~~
~~Division D waives the work search aspect of this requirement, it does not waive the “ able and available” aspect of this~~
~~requirement.~~
~~63 For background on these federal loans to states, see CRS Report RS22954,~~ ~~The Unemployment Trust Fund (UTF):~~
~~State Insolvency and Federal Loans to States~~.
~~64 T his provision is similar to what was enacted for 2009 and 2010 under Section 2004 of the American Recovery and~~
~~Reinvestment Act (ARRA; P.L. 111-5). See CRS Report R40368,~~ ~~Unem ployment Insurance Provisions in~~
~~the Am erican Recovery and Reinvestm ent Act of 2009~~ .
65 For background on ST C programs, see CRS Report R40689, Compensated Work Sharing Arrangements (Short-Time
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

~~Temporary 100% Federal Financing of EB for States Qualify for Full Division~~
~~D Administrative Grants~~
~~Final y, Section 4105 of FFCRA temporarily makes Extended Benefits (EB) 100% federal y~~
financed (with the exception of “non-sharable” compensation—e.g., state and local workers) from financed (with the exception of “non-sharable” compensation—e.g., state and local workers) from
enactment until the end of December 2020, but only for states that receive both halves of the enactment until the end of December 2020, but only for states that receive both halves of the
emergency administrative grants.emergency administrative grants.6670 Because P.L. 116-127 also temporarily removes the current Because P.L. 116-127 also temporarily removes the current
incentive in EB law for states to have a one-week waiting period, or “waiting week,” for their incentive in EB law for states to have a one-week waiting period, or “waiting week,” for their
regular UC programs through December 2020, the first week of EB is “sharable” (50% regular UC programs through December 2020, the first week of EB is “sharable” (50%
federal/50% state under permanent law; or 100% under the conditions of this provision). federal/50% state under permanent law; or 100% under the conditions of this provision).
P.L. 116-136, the CARES Act
On March 27, 2020, President Trump signed P.L. 116-136, the Coronavirus Aid, Relief, and On March 27, 2020, President Trump signed P.L. 116-136, the Coronavirus Aid, Relief, and
Economic Security (CARES) Act. Title II, Subtitle A of the CARES Act provides several Economic Security (CARES) Act. Title II, Subtitle A of the CARES Act provides several
temporary UI measures to address recent increases in unemployment including augmented benefit temporary UI measures to address recent increases in unemployment including augmented benefit
amounts, expanded benefit eligibility,amounts, expanded benefit eligibility, additional weeks of benefits, and several other UI additional weeks of benefits, and several other UI
provisions.provisions.
As of this report date, DOL has released nearly a dozen Unemployment Insurance Program As of this report date, DOL has released nearly a dozen Unemployment Insurance Program
Letters (UIPLs) that provide guidance to states regarding the administration of the UI provisions Letters (UIPLs) that provide guidance to states regarding the administration of the UI provisions
~~in the CARES Act. These DOL UIPLs are available, along with additional COVID-19-related~~
~~information, at https://oui.doleta.gov/unemploy/coronavirus/.~~
~~Below are summary details of Sections 2102 through 2115 of the CARES Act (i.e., the UI~~
~~provisions).~~
~~Temporary, Additional $600 Weekly Federal Compensation (FPUC)67~~
~~Section 2104 of the CARES Act creates a temporary, additional, federal y financed $600 benefit~~
~~that augments weekly UI benefits, including UC, Pandemic Unemployment Assistance (PUA, see~~
~~description below), Pandemic Emergency Unemployment Compensation (PEUC, see description~~
~~below), EB, DUA, STC, Trade Readjustment Al owance (TRA), and Self Employment Assistance~~
~~(SEA).68 This FPUC is payable for weeks of unemployment beginning after a state signs an~~
~~agreement through weeks ending on or before July 31, 2020.69~~

Com pensation) as an Alternative to Layoffs.
~~66 As of June 11, 2020, according to DOLET A~~ 66 One of the more restrictive federal UI requirements in the context of this COVID-19 outbreak is the requirement under Section 303(a) of the Social Security Act that the unemployed must be “able to work, available to work, and actively seeking work” to be eligible for regular UC benefits (see 42 U.S.C. Section 503(a)(12)). While Division D waives the work search aspect of this requirement, it does not waive the “able and available” aspect of this requirement. 67 For background on these federal loans to states, see CRS Report RS22954, The Unemployment Trust Fund (UTF): State Insolvency and Federal Loans to States. 68 This provision is similar to what was enacted for 2009 and 2010 under Section 2004 of the American Recovery and Reinvestment Act (ARRA; P.L. 111-5). See CRS Report R40368, Unemployment Insurance Provisions in the American Recovery and Reinvestment Act of 2009. 69 For background on STC programs, see CRS Report R40689, Compensated Work Sharing Arrangements (Short-Time Compensation) as an Alternative to Layoffs. 70 As of June 11, 2020, according to DOLETA, all states have met the criteria (see https://oui.doleta.gov/unemploy/pdf/ all states have met the criteria (see https://oui.doleta.gov/unemploy/pdf/
IC3MOmarch.pdf. All states have requestedIC3MOmarch.pdf. All states have requested their full allotment with the exception of Puerto Ricotheir full allotment with the exception of Puerto Rico , which had met the , which had met the
criteria but had not requested the second allotment. Email from Employment and criteria but had not requested the second allotment. Email from Employment and ~~T raining~~Training Administration analyst, June 11, 2020. Congressional Research Service 13 Unemployment Insurance: Legislative Issues in the 116th Congress in the CARES Act. These DOL UIPLs are available, along with additional COVID-19-related information, at https://oui.doleta.gov/unemploy/coronavirus/. Below are summary details of Sections 2102 through 2115 of the CARES Act (i.e., the UI provisions). Temporary, Additional $600 Weekly Federal Compensation (FPUC)71 Section 2104 of the CARES Act creates a temporary, additional, federally financed $600 benefit that augments weekly UI benefits, including UC, Pandemic Unemployment Assistance (PUA, see description below), Pandemic Emergency Unemployment Compensation (PEUC, see description below), EB, DUA, STC, Trade Readjustment Allowance (TRA), and Self Employment Assistance (SEA).72 This FPUC is payable for weeks of unemployment beginning after a state signs an agreement through weeks ending on or before July 31, 2020.73 For most states, this means FPUC payments end on July 25, 2020.74 ~~Administration analyst, June~~
~~11, 2020.~~
~~67 For relevant DOL guidance, see DOL, ET A, UIPL No. 15-20, “Coronavirus Aid, Relief, and Economic Security~~
~~(CARES) Act of 2020 - Federal Pandemic Unemployment Compensation (FPUC) Program Operating, Financial, and~~
~~Reporting Instructions,” April 5, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=9297.~~
~~68 For information on T RA, see CRS Report R44153,~~ ~~Trade Adjustment Assistance for Workers and the TAA~~
~~Reauthorization Act of 2015. For information on SEA, see CRS Report R41253,~~ ~~The Self-Em ploym ent Assistance~~
~~(SEA) Program~~ .
~~69 A number of state laws have provisions for extending the potential duration of benefits during periods of high~~
~~unemployment for individuals in approved training who exhaust benefits, or for a variety of other reasons. Although~~
~~some state laws call these programs “extended benefits,” DOL uses the term “additional benefits” (AB) to avoid~~
~~confusion with the federal-state EB program. DOL has stated that FPUC is not payable to individuals receiving AB~~
~~payments. T he order of payment for AB within the context of the multiple programs described above is dependent on~~
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13

~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

FPUC income is disregarded for the purposes of Medicaid and the Children’s Health Insurance FPUC income is disregarded for the purposes of Medicaid and the Children’s Health Insurance
Program (CHIP). (During the period that this payment is authorized, states would be prohibited Program (CHIP). (During the period that this payment is authorized, states would be prohibited
from reducing UC benefit amount or duration.) from reducing UC benefit amount or duration.)
Temporary, Pandemic Unemployment Assistance (PUA) for Unemployed
Persons Not Covered by Regular UC ~~Program70~~Program75
Section 2102 of the CARES Act creates a temporary, federal UI program for individuals not Section 2102 of the CARES Act creates a temporary, federal UI program for individuals not
otherwise eligibleotherwise eligible for UI benefits (e.g., self-employed, independent contractors, gig economy for UI benefits (e.g., self-employed, independent contractors, gig economy
workers, and other workers not covered under state UC programs): Pandemic Unemployment workers, and other workers not covered under state UC programs): Pandemic Unemployment
Assistance (PUA). PUA benefits are to be administered by states, like Assistance (PUA). PUA benefits are to be administered by states, like al all other UI benefits. other UI benefits.
PUA provides up to 39 weeks of PUA provides up to 39 weeks of ~~federal y~~federally financed UI benefits to unemployed workers who (1) financed UI benefits to unemployed workers who (1)
are ineligibleare ineligible for any other state or federal UI benefit; (2) meet conditions related to being for any other state or federal UI benefit; (2) meet conditions related to being
unemployed, unemployed, ~~partial y~~partially unemployed, or unable to work due to COVID-19; and (3) are not able to unemployed, or unable to work due to COVID-19; and (3) are not able to
telework and are not receiving any paid leave. According to the DOL 2020 Summary CARES Act telework and are not receiving any paid leave. According to the DOL 2020 Summary CARES Act
UIPL, the total weekly entitlement PUA is UIPL, the total weekly entitlement PUA is ~~general y~~generally limited limited to 39 weeks, offset by any weeks that 71 For relevant DOL guidance, see DOL, ETA, UIPL No. 15-20, “Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 - Federal Pandemic Unemployment Compensation (FPUC) Program Operating, Financial, and Reporting Instructions,” April 5, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=9297. 72 For information on TRA, see CRS Report R44153, Trade Adjustment Assistance for Workers and the TAA Reauthorization Act of 2015. For information on SEA, see CRS Report R41253, The Self-Employment Assistance (SEA) Program. 73 A number of state laws have provisions for extending the potential duration of benefits during periods of high unemployment for individuals in approved training who exhaust benefits, or for a variety of other reasons. Although some state laws call these programs “extended benefits,” DOL uses the term “additional benefits” (AB) to avoid confusion with the federal-state EB program. DOL has stated that FPUC is not payable to individuals receiving AB payments. The order of payment for AB within the context of the multiple programs described above is dependent on state law. 74 The only exception—FPUC payments will end on July 26, 2020, in New York. 75 For relevant DOL guidance, see DOL, ETA, UIPL No. 16-20, “Coronavirus Aid, Relief, and Economic Security (CARES) ~~to 39 weeks, offset by any weeks that~~
~~the individual received benefits from regular UC and EB. Under this guidance, the weeks for~~
~~which an individual collected PEUC would not be deducted from the individual’s PUA~~
~~entitlement.71~~
~~PUA is available in al states and U.S. territories, subject to agreements with DOL. PUA pays~~
~~benefits, including retroactively, for weeks of unemployment, partial unemployment, or inability~~
~~to work beginning on or after January 27, 2020, and ending on or before December 31, 2020~~
~~(hereinafter, through December 2020).~~
~~The PUA benefit amount is identical to the weekly benefit amount (WBA) as calculated under~~
~~state law based on recent earnings (subject to the minimum benefit under DUA, which is half of~~
~~the state’s average weekly UC benefit amount).72 In territories without UC programs, the PUA~~
~~benefit would be determined by DUA regulations.73~~
~~Al PUA benefits, like other UI benefits, are temporarily augmented by an additional, federal~~
~~payment of $600 beginning after the date on which the state enters into an agreement with DOL~~
~~to pay FPUC through July 2020.~~

~~state law.~~
~~70 For relevant DOL guidance, see DOL, ET A, UIPL No. 16 -20, “Coronavirus Aid, Relief, and Economic Security~~
~~(CARES)~~ Act of 2020 - Pandemic Unemployment Assistance (PUA) Program Operating, Financial, and Reporting Act of 2020 - Pandemic Unemployment Assistance (PUA) Program Operating, Financial, and Reporting
Instructions,” April 6, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=4628; and UIPL No. 16-20, Instructions,” April 6, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=4628; and UIPL No. 16-20,
Change 1, “Coronavirus Aid, Relief, andChange 1, “Coronavirus Aid, Relief, and Economic Security (CARES)Economic Security (CARES) Act of 2020 – Pandemic Unemployment Act of 2020 – Pandemic Unemployment
Assistance (PUA) Program Reporting Instructions and Questions and Answers,”Assistance (PUA) Program Reporting Instructions and Questions and Answers,” April 27, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5899. Congressional Research Service 14 link to page 20 Unemployment Insurance: Legislative Issues in the 116th Congress the individual received benefits from regular UC and EB. Under this guidance, the weeks for which an individual collected PEUC would not be deducted from the individual’s PUA entitlement.76 PUA is available in all states and U.S. territories, subject to agreements with DOL. PUA pays benefits, including retroactively, for weeks of unemployment, partial unemployment, or inability to work beginning on or after January 27, 2020, and ending on or before December 31, 2020 (hereinafter, through December 2020). The PUA benefit amount is identical to the weekly benefit amount (WBA) as calculated under state law based on recent earnings (subject to the minimum benefit under DUA, which is half of the state’s average weekly UC benefit amount).77 In territories without UC programs, the PUA benefit would be determined by DUA regulations.78 All PUA benefits, like other UI benefits, are temporarily augmented by an additional, federal payment of $600 beginning after the date on which the state enters into an agreement with DOL to pay FPUC through July 2020. Temporary, 13-Week Extended Pandemic Emergency Unemployment Compensation (PEUC)79 Section 2107 of the law creates PEUC, which authorizes up to 13 additional weeks of federally financed UI benefits for individuals who exhaust state and federal UI benefits and are able, available, and actively seeking work, subject to COVID-19-related flexibilities. PEUC is authorized through the end of December 2020. The PEUC benefit amount is required to be the WBA as calculated under state law. All PEUC benefits are temporarily increased by $600 a week by FPUC through July 31, 2020. For most states, this means FPUC payments end on July 25, 2020. ~~April 27, 2020, https://wdr.doleta.gov/~~
~~directives/corr_doc.cfm?DOCN=5899.~~
~~71 See Section 4(b)(i)(d) of DOL, ET A UIPL No. 14-20, “Coronavirus Aid, Relief, and Economic Security (CARES)~~
~~Act of 2020 – Summary of Key Unemployment Insurance (UI) P rovisions and Guidance Regarding T emporary~~
~~Emergency State Staffing Flexibility,” April 2, 2020, p. 7, https://wdr.doleta.gov/directives/attach/UIPL/UIPL_14-~~
~~20.pdf.~~
~~72 For minimum DUA benefits, see DOL, ET A, UIPL, No. 11-20, “Minimum Disaster Unemployment Assistance~~
~~(DUA) Weekly Benefit Amount: April 1 - June 30, 2020,” March 19, 2020, https://wdr.doleta.gov/directives/~~
~~corr_doc.cfm?DOCN=8052.~~
~~73 For background on DUA, see CRS Report RS22022, Disaster Unemployment Assistance (DUA).~~
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~~link to page 20~~ ~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

~~Temporary, 13-Week Extended Pandemic Emergency Unemployment~~
~~Compensation (PEUC)74~~
~~Section 2107 of the law creates PEUC, which authorizes up to 13 additional weeks of federal y~~
~~financed UI benefits for individuals who exhaust state and federal UI benefits and are able,~~
~~available, and actively seeking work, subject to COVID-19-related flexibilities.~~
~~PEUC is authorized through the end of December 2020. The PEUC benefit amount is required to~~
~~be the WBA as calculated under state law. Al PEUC benefits are temporarily increased by $600 a~~
~~week by FPUC through July 31, 2020. (During the period that PEUC is authorized, states would~~
(During the period that PEUC is authorized, states would be prohibited from reducing UC benefit amount or duration.) be prohibited from reducing UC benefit amount or duration.)
Coordination of UI Benefits
Individuals may be eligible Individuals may be eligible for benefits under multiple UI programs, including programs for benefits under multiple UI programs, including programs
authorized in the CARES Act. Belowauthorized in the CARES Act. Below,, Figure 1 provides the statutory order of the flow of UI provides the statutory order of the flow of UI
benefits. This flow is contingent on the individual meeting benefits. This flow is contingent on the individual meeting ~~al eligibility~~ all eligibility criteria for the respective criteria for the respective
programs. It is also contingent on the state having an agreement with DOL to administer the programs. It is also contingent on the state having an agreement with DOL to administer the
programs authorized under the CARES Act. programs authorized under the CARES Act.

~~74 For relevant DOL guidance, see DOL, ET A, UIPL No. 17 -20, “Coronavirus Aid, Relief, and Economic Security~~
~~(CARES)~~ 76 See Section 4(b)(i)(d) of DOL, ETA UIPL No. 14-20, “Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 – Summary of Key Unemployment Insurance (UI) Provisions and Guidance Regarding Temporary Emergency State Staffing Flexibility,” April 2, 2020, p. 7, https://wdr.doleta.gov/directives/attach/UIPL/UIPL_14-20.pdf. 77 For minimum DUA benefits, see DOL, ETA, UIPL, No. 11-20, “Minimum Disaster Unemployment Assistance (DUA) Weekly Benefit Amount: April 1 - June 30, 2020,” March 19, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8052. 78 For background on DUA, see CRS Report RS22022, Disaster Unemployment Assistance (DUA). 79 For relevant DOL guidance, see DOL, ETA, UIPL No. 17-20, “Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020-Pandemic Emergency Unemployment Compensation (PEUC) Program Operating, Financial, Act of 2020-Pandemic Emergency Unemployment Compensation (PEUC) Program Operating, Financial,
and Reporting Instructions,” April 10, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8452; and UIPL and Reporting Instructions,” April 10, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8452; and UIPL
No. 17-20, Change 1, “No. 17-20, Change 1, “ Coronavirus Aid, Relief, and Economic Security (CARES)Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020Act of 2020 -Pandemic Emergency -Pandemic Emergency
Unemployment Compensation (PEUC) Program: Questions and Answers,Unemployment Compensation (PEUC) Program: Questions and Answers, and Revisedand Revised ~~Re porting~~ Reporting Instructions for the Instructions for the
PEUC PEUC ~~ET A~~ETA 227,” May 13, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8689. 227,” May 13, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8689.
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Unemployment Insurance: Legislative Issues in the 116th Congress

Figure 1. Coordination of the Flow of UI Benefits Under the CARES Act

Source: CRS analysis based on P.L. 116-136, the CARES Act and DOL guidance. CRS analysis based on P.L. 116-136, the CARES Act and DOL guidance.
Notes: This flow is contingent on the individual meeting This flow is contingent on the individual meeting ~~al eligibility criteria~~ all eligibility criteria for the respectivefor the respective programs.programs. It is It is
also contingent on the state having an agreementalso contingent on the state having an agreement with DOL to administerwith DOL to administer the programs authorized under the the programs authorized under the
CARES Act. CARES Act.
Other UI Provisions
 Section 2103 provides, through December 2020, 50% federal funding of regular  Section 2103 provides, through December 2020, 50% federal funding of regular
UC benefits based on service with reimbursing employers, which are state and UC benefits based on service with reimbursing employers, which are state and
local governments, local governments, ~~federal y~~federally recognized Indian tribes, and nonprofit recognized Indian tribes, and nonprofit
organizations that have opted not to pay UI taxes, but instead reimburse states for organizations that have opted not to pay UI taxes, but instead reimburse states for
UC benefits paid to their former employees. This provision provides financial UC benefits paid to their former employees. This provision provides financial
relief to these reimbursing employers. It also relief to these reimbursing employers. It also ~~al ows~~allows for state flexibility in the for state flexibility in the
timing of required reimbursement payments for these employers.timing of required reimbursement payments for these employers.75

7580 80 For relevant DOL guidance, For relevant DOL guidance, ~~see DOL, ET A~~ see DOL, ETA, UIPL No. 18, UIPL No. 18 -20, “Coronavirus Aid, Relief, and Economic Security -20, “Coronavirus Aid, Relief, and Economic Security
(CARES)(CARES) Act of 2020 – Emergency Unemployment Relief for State and Local Governmental Entities, Certain Act of 2020 – Emergency Unemployment Relief for State and Local Governmental Entities, Certain
Congressional Research Service Congressional Research Service

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~~link to page 21 link to page 21~~ Unemployment Insurance: Legislative Issues in the 116th Congress

 Section 2105 provides 100% federal financing through the end of December  Section 2105 provides 100% federal financing through the end of December
2020 for UC benefits provided during the first week of unemployment in state 2020 for UC benefits provided during the first week of unemployment in state
UC programs with no one-week waiting period (thus, incentivizing states that UC programs with no one-week waiting period (thus, incentivizing states that
require one-week waiting periods before receiving UC under state law to remove require one-week waiting periods before receiving UC under state law to remove
them).them).7681
 Section 2106 temporarily waives federal requirements regarding merit staffing  Section 2106 temporarily waives federal requirements regarding merit staffing
for state UC programs on an emergency basis in response to COVID-19 until for state UC programs on an emergency basis in response to COVID-19 until
December 31, 2020. This waiver is limited to certain temporary actions taken by December 31, 2020. This waiver is limited to certain temporary actions taken by
states to quickly process UI claims, including rehiring former employees and states to quickly process UI claims, including rehiring former employees and
temporary hiring.temporary hiring.7782
 Sections 2108-2111 authorizes 100% federal financing of Short-Time  Sections 2108-2111 authorizes 100% federal financing of Short-Time
Compensation (STC; work sharing) in states with existing programs and 50% Compensation (STC; work sharing) in states with existing programs and 50%
federal financing for states that set up STC. It also authorizes $100 federal financing for states that set up STC. It also authorizes $100 ~~mil ion~~million in in
federal grants to support STC. DOL would be required to provide STC technical federal grants to support STC. DOL would be required to provide STC technical
assistance.assistance.7883
 Sections 2112-2114 provide $50  Sections 2112-2114 provide $50 ~~mil ion~~ million to waive the seven-day waiting period to waive the seven-day waiting period
for Railroad Unemployment Insurance (RRUI) benefits. for Railroad Unemployment Insurance (RRUI) benefits.84 They also authorize a They also authorize a
comparable FPUC ($1,200 for RRUI biweekly benefits; so $600 per week) for comparable FPUC ($1,200 for RRUI biweekly benefits; so $600 per week) for
RRUI through July 2020.RRUI through July 2020. ~~Final y~~85 Finally, they provide an additional, they provide an additional 13 weeks of 13 weeks of
~~federal y~~federally financed RRUI benefits through the end of December 2020, comparable financed RRUI benefits through the end of December 2020, comparable
to PEUC.to PEUC.7986
 Section 2115 provides $25  Section 2115 provides $25 ~~mil ion~~ million in funding for the DOL Office of Inspector in funding for the DOL Office of Inspector
General for audits, investigations, and oversight related to the UI provisions in General for audits, investigations, and oversight related to the UI provisions in
the CARES Act. the CARES Act.
~~ Section 2116 authorizes DOL to issue operating instructions and other guidance~~
~~needed to implement the UI provisions in the CARES Act.~~
Table 1 provides a summary of the Sections 2102 through 2111 of the CARES Act.

Nonprofit Organizations, and Federally-Recognized Indian Nonprofit Organizations, and Federally-Recognized Indian ~~T ribes~~Tribes,” April 27, 2020, https://wdr.doleta.gov/directives/,” April 27, 2020, https://wdr.doleta.gov/directives/
corr_doc.cfm?DOCN=5893. corr_doc.cfm?DOCN=5893.
7681 For relevant DOL guidance, For relevant DOL guidance, ~~see DOL, ET A~~ see DOL, ETA, UIPL No. 20, UIPL No. 20 -20, “Coronavirus Aid, Relief, and Economic Security -20, “Coronavirus Aid, Relief, and Economic Security
(CARES)(CARES) Act of 2020 - Operating, Financial, and Reporting Instructions for Section 2105: Act of 2020 - Operating, Financial, and Reporting Instructions for Section 2105: ~~T emporary~~Temporary Full Federal Full Federal
FundingFunding of the First Week of Compensable Regularof the First Week of Compensable Regular Unemployment for States with No Waiting Week,” April 30, 2020, Unemployment for States with No Waiting Week,” April 30, 2020,
https://wdr.doleta.gov/directives/corr_doc.cfm?docn=6324. https://wdr.doleta.gov/directives/corr_doc.cfm?docn=6324.
7782 For relevant DOL guidance, For relevant DOL guidance, ~~see DOL, ET A~~ see DOL, ETA, UIPL No. 14, UIPL No. 14 -20, “Coronavirus Aid, Relief, and Economic Security -20, “Coronavirus Aid, Relief, and Economic Security
(CARES)(CARES) Act of 2020 – Summary of Key Unemployment Insurance (UI) Provisions and GuidanceAct of 2020 – Summary of Key Unemployment Insurance (UI) Provisions and Guidance Regarding Regarding
~~T emporary~~Temporary Emergency State Staffing Flexibility,” April 2, 2020, https://wdr.doleta.gov/directives/attach/UIPL/ Emergency State Staffing Flexibility,” April 2, 2020, https://wdr.doleta.gov/directives/attach/UIPL/
UIPL_14-20.pdf. UIPL_14-20.pdf.
7883 For relevant DOL guidance, For relevant DOL guidance, ~~see DOL, ET A~~ see DOL, ETA, UIPL No. 21, UIPL No. 21 -20, “Coronavirus Aid, Relief, and Economic Security -20, “Coronavirus Aid, Relief, and Economic Security
(CARES)(CARES) Act of 2020 - ShortAct of 2020 - Short ~~-T ime~~-Time Compensation ( Compensation (~~ST C~~STC) Program Provisions and Guidance) Program Provisions and Guidance ~~Regarding~~ Regarding 100 Percent 100 Percent
FederalFederal Reimbursement of Certain State Reimbursement of Certain State ~~ST C~~STC Payments,” May 3, 2020, https://wdr.doleta.gov/directives/attach/UIPL/ Payments,” May 3, 2020, https://wdr.doleta.gov/directives/attach/UIPL/
UIPL_21-20.pdf; and UIPL No. 22-20, “UIPL_21-20.pdf; and UIPL No. 22-20, “ Coronavirus Aid, Relief, and Economic Security (CARES)Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 – Act of 2020 –
ShortShort ~~-T ime~~-Time Compensation ( Compensation (~~ST C~~STC) Program Grants,” May 10, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?) Program Grants,” May 10, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?
DOCN=6220. DOCN=6220.
79 84 For background For background on RRUI,on RRUI, see CRSsee CRS Report RS22350, Report RS22350, Railroad Retirement Board: Retirement, Survivor, Disability,
~~Unem ploym ent~~Unemployment, and Sickness Benefits. 85 According to the U.S. Railroad Retirement Board, which administers RRUI: “The additional amount is payable on claims for days of unemployment through the 2-week claim period beginning July 31, 2020,” (see U.S. Railroad Retirement Board, “RRB Begins Paying CARES Act Recovery Payments for Unemployed Rail Workers,” May 2020, https://rrb.gov/Newsroom/NewsReleases/RecoveryPayments). 86 ~~, and Sickness Benefits~~. For additional information on RRUI and the CARESFor additional information on RRUI and the CARES Act, see U.S.Act, see U.S. Railroad Railroad
Retirement Board, “RRB BeginsRetirement Board, “RRB Begins Paying Paying ~~CARES~~ CARES Act Recovery Payments for Unemployed Rail Workers,” May 2020, Act Recovery Payments for Unemployed Rail Workers,” May 2020,
https://rrb.gov/Newsroom/NewsReleases/RecoveryPayments. https://rrb.gov/Newsroom/NewsReleases/RecoveryPayments.
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link to page 22 link to page 22 Unemployment Insurance: Legislative Issues in the 116th Congress

 Section 2116 authorizes DOL to issue operating instructions and other guidance needed to implement the UI provisions in the CARES Act. Table 1 provides a summary of the Sections 2102 through 2111 of the CARES Act. Table 1. DOL-Related Summary Information on Unemployment Insurance
Provisions in the CARES Act
(P.L. 116-136, Sections 2102-2111) (P.L. 116-136, Sections 2102-2111)
Benefit/Program
Availability
Description
Section 2102 Section 2102
Provides up to 39 weeks Provides up to 39 weeks of of
Applies Applies to individuals who are self-employed,to individuals who are self-employed, those who those who

unemployment. unemployment.
would not qualify for regular would not qualify for regular Unemployment Unemployment
Pandemic Pandemic
Covers weeks Covers weeks of of
Compensation (UC) or Extended Benefits (EB) under Compensation (UC) or Extended Benefits (EB) under
Unemployment Unemployment
unemployment beginning on unemployment beginning on
state or federal law or Pandemic Unemployment state or federal law or Pandemic Unemployment
Assistance Assistance (PUA) (PUA)
or after January 27, 2020 or after January 27, 2020
Compensation (PEUC) under Section 2107. Includes Compensation (PEUC) under Section 2107. Includes
through the week ending on through the week ending on
individuals who have exhausted individuals who have exhausted al all rights to UC, PEUC, rights to UC, PEUC,
or before December or before December 31, 31,
and EB. and EB.
2020 (payable on a 2020 (payable on a
~~Operational y,~~ Operationally, this program wilthis program wil be administeredbe administered by the by the
retroactive retroactive basis). basis).
states similarly states similarly to the Disasterto the Disaster Unemployment Unemployment
AssistanceAssistance (DUA) program. (DUA) program.
Includes eligible,Includes eligible, unemployed workersunemployed workers in the states, in the states,
AmericanAmerican Samoa, CommonwealthSamoa, Commonwealth of the Northern of the Northern
Mariana Islands, the DistrictMariana Islands, the District of Columbia,of Columbia, Federated Federated
States of Micronesia,States of Micronesia, Guam, Guam, ~~Marshal~~ Marshall Islands, Puerto Islands, Puerto
Rico, the Republic of Palau, and the U.S. Virgin Islands, Rico, the Republic of Palau, and the U.S. Virgin Islands,
provided the state/territoryprovided the state/territory signs an agreement with U.S. signs an agreement with U.S.
Department of Labor (DOL). Department of Labor (DOL).
Section 2103 Section 2103
Covers weeks Covers weeks of of
Authorizes DOL Authorizes DOL to issue guidance to to issue guidance to ~~al ow~~ allow states to states to

unemployment beginning on unemployment beginning on
interpret their state UC laws to provide maximum interpret their state UC laws to provide maximum
Emergency Emergency
or after March 13, 2020 or after March 13, 2020
flexibility flexibility to reimbursingto reimbursing ~~employers~~ employers (which are state and (which are state and
Unemployment Relief Unemployment Relief
through December through December 31, 31,
local governments, local governments, ~~federal y~~ federally recognized Indian tribes, recognized Indian tribes, and and
of Governmental of Governmental
2020. 2020.
nonprofit organizations that have opted not to pay UI nonprofit organizations that have opted not to pay UI
Entities and Non- Entities and Non-
taxes, but instead reimburse taxes, but instead reimburse states for UC benefits paid states for UC benefits paid
Profit Organizations Profit Organizations
to their former to their former employees)employees) as it relates to timely as it relates to timely
payment and assessmentpayment and assessment of penalties and interest. of penalties and interest.
Provides for transfers to a state’s account in the Provides for transfers to a state’s account in the
Unemployment Trust Fund (UTF) fromUnemployment Trust Fund (UTF) from the Federal the Federal
Unemployment Account (FUA) to Unemployment Account (FUA) to ~~al ow partial~~
~~reimbursements (general y~~allow partial reimbursements (generally 50 percent of the amount of 50 percent of the amount of
payments in lieupayments in lieu of contributions) to reimbursing of contributions) to reimbursing
employers. employers.
Section 2104 Section 2104
Covers weeks Covers weeks of of
Provides individuals who are col ecting regular UC, Provides individuals who are col ecting regular UC,

unemployment beginning unemployment beginning
PEUC, PUA, EB, Short-Time PEUC, PUA, EB, Short-Time Compensation (STC), Compensation (STC),
Federal Federal Pandemic Pandemic
after the date of signed after the date of signed
Trade Reemployment Trade Reemployment ~~Al owances~~ Allowances (TRA), Disaster (TRA), Disaster
Unemployment Unemployment
agreement (between state agreement (between state
Unemployment Assistance Unemployment Assistance (DUA),(DUA), or Self-Employment or Self-Employment
Compensation Compensation
and DOL) through July 31, and DOL) through July 31,
Assistance Assistance (SEA) with an additional, (SEA) with an additional, ~~federal y~~federally-financed -financed
(FPUC) (FPUC)
2020. 2020.
For most states, this $600 per week. $600 per week.
means FPUC payments end Among the requirementsAmong the requirements of this program is a non-of this program is a non-
on July 25, 2020. reduction rule,reduction rule, which prohibits states from changing the which prohibits states from changing the
computation method governing regular UC law in a way computation method governing regular UC law in a way
that resultsthat results in the reduction of average weeklyin the reduction of average weekly benefit benefit
amounts or the number of weeksamounts or the number of weeks of benefits payable of benefits payable
(i.e.,(i.e., ~~maximum~~ maximum benefit entitlement). Congressional Research Service 18 Unemployment Insurance: Legislative Issues in the 116th Congress Benefit/Program Availability Description~~benefit entitlement).~~
Section 2105 Section 2105
Covers weeks Covers weeks of of
For states that provide compensation to individuals for For states that provide compensation to individuals for

unemployment beginning unemployment beginning
their first week of unemployment (i.e., their first week of unemployment (i.e., states which do states which do
Temporary Ful Temporary Ful
after the date of signed after the date of signed
not require a waiting week), not require a waiting week), this Section provides 100% this Section provides 100%
Federal Federal Funding of theFunding of the
agreement,agreement, through through
federal funding for the total amount of UC paid to federal funding for the total amount of UC paid to
First Week First Week of of
December December 31, 2020. 31, 2020.
individuals for their first week of regular UC. individuals for their first week of regular UC.
Compensable Regular Compensable Regular
CompensationCompensation
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

~~Benefit/Program~~
~~Availability~~
~~Description~~
Section 2106 Section 2106
March 27, 2020 through March 27, 2020 through
Provides state agencies with emergency Provides state agencies with emergency ~~flexibility~~ flexibility for for

December December 31, 2020. 31, 2020.
personnel standards on a merit personnel standards on a merit basis limitedbasis limited to engaging to engaging
Emergency State Emergency State
of temporary of temporary staff, rehiring of retireesstaff, rehiring of retirees or former or former
Staffing Flexibility Staffing Flexibility
employees employees on a non-competitive basis, and other on a non-competitive basis, and other
temporary actions to quickly processtemporary actions to quickly process applications and applications and
claims. claims.
Section 2107 Section 2107
Covers weeks Covers weeks of of
Provides for up to 13 weeks Provides for up to 13 weeks of benefits to individuals of benefits to individuals

unemployment beginning unemployment beginning
who have exhausted regular UC under state or federal who have exhausted regular UC under state or federal
Pandemic Emergency Pandemic Emergency
after state signs agreement after state signs agreement
law, have no rights to regular law, have no rights to regular UC under any other state UC under any other state
Unemployment Unemployment
through December through December 31, 31,
or federal law, are not receiving or federal law, are not receiving compensation under the compensation under the
Compensation Compensation
2020. 2020.
UC laws of Canada, and are able to work, UC laws of Canada, and are able to work, available for available for
(PEUC) (PEUC)
work, work, and actively seeking work. and actively seeking work.
States must offer flexibility in meetingStates must offer flexibility in meeting the “actively the “actively
seekingseeking work” requirementwork” requirement if individuals are unable to if individuals are unable to
search for worksearch for work because of COVID-19, including because of COVID-19, including
because of il ness,because of il ness, quarantine, or movement restriction. quarantine, or movement restriction.
Among the requirementsAmong the requirements of this program is a non-of this program is a non-
reduction rule,reduction rule, which prohibits states from changing the which prohibits states from changing the
computation method governing regular UC law in a way computation method governing regular UC law in a way
that resultsthat results in the reduction of average weeklyin the reduction of average weekly benefit benefit
amounts or the number of weeksamounts or the number of weeks of benefits payable of benefits payable
(i.e.,(i.e., ~~maximum~~ maximum benefit entitlement). benefit entitlement).
Section 2108 Section 2108
Covers weeks Covers weeks of of
Provides that states with an existing STC program may Provides that states with an existing STC program may

unemployment beginning on unemployment beginning on
be reimbursed be reimbursed with federalwith federal funds for 100% of STC funds for 100% of STC
Temporary Financing Temporary Financing
or after March 27, 2020 or after March 27, 2020
benefit costs, up to a maximum of 26 weeks benefit costs, up to a maximum of 26 weeks of STC per of STC per
for Existing Short- for Existing Short-
through weeks through weeks of of
individual. individual.
Time Compensation Time Compensation
unemployment ending on or unemployment ending on or
(STC) Programs (STC) Programs
before December before December 31, 2020. 31, 2020.
(If a state enacts a new STC (If a state enacts a new STC
law, reimbursementslaw, reimbursements are are
available starting with the available starting with the
effective date of the state effective date of the state
law.) law.)
Section 2109 Section 2109
Covers weeks Covers weeks of of
Provides that states without an existing STC program Provides that states without an existing STC program

unemployment beginning unemployment beginning
may provide STC benefits under an agreement with the may provide STC benefits under an agreement with the
Temporary Financing Temporary Financing
after the date of signed after the date of signed
Secretary of Labor and be reimbursed Secretary of Labor and be reimbursed with federal funds with federal funds
of STC Agreements of STC Agreements
agreement ending on or agreement ending on or
for 50% of STC benefit costs, up to a maximum for 50% of STC benefit costs, up to a maximum of 26 of 26
before December before December 31, 2020.31, 2020.
weeks weeks of STC per individual. of STC per individual.
Section 2110 Section 2110
Grant applications must be Grant applications must be
Provides for a $100 mil ion Provides for a $100 mil ion grant to be shared across grant to be shared across

submitted by December submitted by December 31, 31,
states for implementation states for implementation or improved administration, or improved administration,
Grants for STC Grants for STC
2023. 2023.
and promotion and promotion and enrol mentand enrol ment of the state’s STC of the state’s STC
Programs Programs
program. Congressional Research Service 19 Unemployment Insurance: Legislative Issues in the 116th Congress Benefit/Program Availability Description ~~program.~~
Section 2111 Section 2111
Effective March 27, 2020. Effective March 27, 2020.
Provides that DOL Provides that DOL ~~shal~~ shall develop modeldevelop model legislative legislative

language, or disseminate language, or disseminate existing modelexisting model language, which language, which
may be used by states in developing and enacting STC may be used by states in developing and enacting STC
Assistance Assistance and and
programs. programs.
Guidance in Guidance in
Implementing Implementing
The Department wil The Department wil also develop reporting also develop reporting
Programs Programs
requirements requirements for states and provide technical assistance. for states and provide technical assistance.
Source: CRS analysis based on P.L. 116-136, the CARES Act, and Attachment 1 in DOLCRS analysis based on P.L. 116-136, the CARES Act, and Attachment 1 in DOL 2020 Summary CARES 2020 Summary CARES
Act UIPL, https://wdr.doleta.gov/directives/corr_doc.cfm?Act UIPL, https://wdr.doleta.gov/directives/corr_doc.cfm? ~~DOCN=3390.~~
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~
DOCN=3390. Legislation Passed by the House and Senate S. 4209, the Protecting Nonprofits from Catastrophic Cash Flow Strain Act of 2020 On July 2, 2020, the Senate passed S. 4209, the Protecting Nonprofits from Catastrophic Cash Flow Strain Act of 2020, by unanimous consent. The House passed without objection S. 4209 on July 9, 2020. S. 4209 currently awaits the President’s signature. S. 4209 would streamline the administration of the CARES Act’s 50% federal funding of regular state UI benefits for reimbursing employers through December 31, 2020.87 With the change, reimbursing employers would no longer be required to pay 100% of UI benefits and then be reimbursed for 50% of the benefits. Additionally, UI benefits attributed to the authorized period could be reimbursed even if the reimbursement happens after December 2020.
Legislative Proposals in the 116th Congress
Unemployment Compensation for Excepted Federal Employees
During a Government Shutdown
On January 16, 2019, Senator Richard Blumenthal introduced S. 165, the Federal Unemployment On January 16, 2019, Senator Richard Blumenthal introduced S. 165, the Federal Unemployment
Compensation Equity Act of 2019. This proposal would amend UCFE law and create a new Compensation Equity Act of 2019. This proposal would amend UCFE law and create a new
permanent UCFE eligibilitypermanent UCFE eligibility category for excepted federal employees who are unpaid but required category for excepted federal employees who are unpaid but required
to work during a government shutdown due to a lapse in appropriations. During any shutdown to work during a government shutdown due to a lapse in appropriations. During any shutdown
beginning on or after December 22, 2018, beginning on or after December 22, 2018, al all excepted federal workers would be deemed eligible excepted federal workers would be deemed eligible
for UCFE benefits. In addition, these employees would not be subject to a one-week waiting for UCFE benefits. In addition, these employees would not be subject to a one-week waiting
period (otherwise often required under state laws) before UCFE benefits were to be paid. period (otherwise often required under state laws) before UCFE benefits were to be paid.
On January 23, 2019, Representative Debbie On January 23, 2019, Representative Debbie ~~Dingel~~ Dingell introduced H.R. 725, the Pay Federal introduced H.R. 725, the Pay Federal
Workers Act. This proposal would also provide UCFE benefits in a similar manner to S. 165, Workers Act. This proposal would also provide UCFE benefits in a similar manner to S. 165,
including permanently amending 5 U.S.C. Chapter 85 to provide federal authority for these including permanently amending 5 U.S.C. Chapter 85 to provide federal authority for these
benefits. benefits.
On January 23, 2019, Representative Anthony Brown introduced H.R. 720. This proposal would On January 23, 2019, Representative Anthony Brown introduced H.R. 720. This proposal would
deem excepted federal employees during a government shutdown to be eligible for UCFE during deem excepted federal employees during a government shutdown to be eligible for UCFE during
87 Reimbursing employers are state and local governments, federally recognized Indian tribes, and nonprofit organizations that have opted not to pay UI taxes. Congressional Research Service 20 Unemployment Insurance: Legislative Issues in the 116th Congress FY2019. The authority to provide UCFE to these excepted workers would expire at the end of FY2019. The authority to provide UCFE to these excepted workers would expire at the end of
FY2019. FY2019.
On February 8, 2019, Representative Katie On February 8, 2019, Representative Katie ~~Hil~~ Hill introduced H.R. 1117, the Shutdown Fairness Act introduced H.R. 1117, the Shutdown Fairness Act
of 2019. This proposal would deem excepted federal employees and unpaid military of 2019. This proposal would deem excepted federal employees and unpaid military
servicemembers during a government shutdown to be eligible for UCFE or UCX during FY2019. servicemembers during a government shutdown to be eligible for UCFE or UCX during FY2019.
The authority to provide UCFE to these excepted workers would expire at the end of FY2019. The authority to provide UCFE to these excepted workers would expire at the end of FY2019.
On July 25, 2019, Representative Lori Trahan introduced H.R. 4072. This proposal would deem On July 25, 2019, Representative Lori Trahan introduced H.R. 4072. This proposal would deem
excepted federal employees and unpaid military servicemembers during a government shutdown excepted federal employees and unpaid military servicemembers during a government shutdown
to be eligibleto be eligible for UCFE or UCX during FY2020. The authority to provide UCFE to these for UCFE or UCX during FY2020. The authority to provide UCFE to these
excepted workers would expire at the end of FY2020. H.R. 4072 would also waive the one-week excepted workers would expire at the end of FY2020. H.R. 4072 would also waive the one-week
waiting period before these benefits could be paid. waiting period before these benefits could be paid.
At the end of the first session of the 116th Congress, none of these At the end of the first session of the 116th Congress, none of these ~~bil s~~bills became law. became law.
Self-Employment and Relocation Assistance Benefits
On January 15, 2019, Senator Ron Wyden and Representative Danny Davis introduced S. 136 On January 15, 2019, Senator Ron Wyden and Representative Danny Davis introduced S. 136
and H.R. 556, the Economic Ladders to End Volatilityand H.R. 556, the Economic Ladders to End Volatility and Advance Training and Employment and Advance Training and Employment
Act of 2019 (the ELEVATEAct of 2019 (the ELEVATE Act). Among other provisions, this proposal would establish new Act). Among other provisions, this proposal would establish new
self-employment and relocation assistance benefits for unemployed workers to be administered self-employment and relocation assistance benefits for unemployed workers to be administered
by the Social Security Administration, in consultation with DOL. The self-employment assistance by the Social Security Administration, in consultation with DOL. The self-employment assistance
benefits would provide weekly income replacement (half of prior earnings up to the maximum benefits would provide weekly income replacement (half of prior earnings up to the maximum
weekly benefit amount in the state) for up to of 26 weeks to individuals. They would be available weekly benefit amount in the state) for up to of 26 weeks to individuals. They would be available
to individualsto individuals who are (1) eligible for any type of UI benefit; or ineligiblewho are (1) eligible for any type of UI benefit; or ineligible for any type of UI for any type of UI
benefit, but became involuntarily unemployed over the previous 12 weeks; or were previously benefit, but became involuntarily unemployed over the previous 12 weeks; or were previously
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

self-employed, but lost a hiring contract, and (2) have a viable business plan approved by their self-employed, but lost a hiring contract, and (2) have a viable business plan approved by their
state department of labor, workforce board, or the state department of labor, workforce board, or the ~~Smal~~ Small Business Administration.Business Administration.8088
In addition, Section 3 of S. 136 and H.R. 556 would provide up to $2,000 (or more, depending on In addition, Section 3 of S. 136 and H.R. 556 would provide up to $2,000 (or more, depending on
family size) to fund to up to 90% of certain relocation expenses for eligible individuals and their family size) to fund to up to 90% of certain relocation expenses for eligible individuals and their
families. To be eligiblefamilies. To be eligible for this relocation assistance, an individual must be (1) a dislocated for this relocation assistance, an individual must be (1) a dislocated
worker,worker,8189 (2) a long-term unemployed individual, (2) a long-term unemployed individual,8290 or (3) an underemployed or (3) an underemployed ~~individual83~~ individual91 and also and also
have filed a claim for relocation assistance and obtained suitable work with an expectation of have filed a claim for relocation assistance and obtained suitable work with an expectation of
obtaining such work in a new geographic region. obtaining such work in a new geographic region.
Domestic Violence
On March 7, 2019, Representative Karen Bass introduced H.R. 1585, the Violence Against On March 7, 2019, Representative Karen Bass introduced H.R. 1585, the Violence Against
Women Reauthorization Act of 2019. Among many other provisions, Section 703 of H.R. 1585 Women Reauthorization Act of 2019. Among many other provisions, Section 703 of H.R. 1585
would require states to consider an individual who quit employment because of sexual would require states to consider an individual who quit employment because of sexual
88 This proposal would create a new authority to provide self-employment assistance benefits under a new Title XIII Part B of the Social Security Act. This new authority would be distinct from Self-Employment Assistance programs currently authorized under federal law and set up by states. See CRS Report R41253, The Self-Employment Assistance (SEA) Program. 89 As defined in Section 3 of the Workforce Innovation and Opportunity Act (P.L. 113-128). 90 As defined by the newly-created Director of the Office of Reemployment Assistance, in consultation with the Secretary of Labor and in accordance with criteria set out under the proposed Section 1323 of the Social Security Act. 91 “As so determined” under the proposed Section 1325(4)(A)(iii) of the Social Security Act. Congressional Research Service 21 link to page 16 Unemployment Insurance: Legislative Issues in the 116th Congress harassment, domestic violence, sexual assault, or stalking to be eligible ~~harassment, domestic violence, sexual assault, or stalking to be eligible~~ for UC benefits. The for UC benefits. The
House passed H.R. 1585 on April 4, 2019. House passed H.R. 1585 on April 4, 2019.
Drug ~~Testing84~~Testing92
On February 28, 2019, Representative Earl Carter introduced H.R. 1121, the Ensuring Quality in On February 28, 2019, Representative Earl Carter introduced H.R. 1121, the Ensuring Quality in
the Unemployment Insurance Program (EQUIP) Act. The the Unemployment Insurance Program (EQUIP) Act. The ~~bil~~ bill would allow states to require any would allow states to require any
UC applicant to complete a substance abuse risk assessment. If the applicant had been deemed UC applicant to complete a substance abuse risk assessment. If the applicant had been deemed
high-risk, the applicant would have to pass a controlled substances test to receive UC benefits. high-risk, the applicant would have to pass a controlled substances test to receive UC benefits.
Those who fail the test would be ineligibleThose who fail the test would be ineligible for benefits for 30 days and would have to be retested for benefits for 30 days and would have to be retested
to determine eligibility. to determine eligibility.
Reemployment Services and Eligibility Assessments
On March 14, 2019, Representative Stephanie Murphy introduced H.R. 1759, the Building on On March 14, 2019, Representative Stephanie Murphy introduced H.R. 1759, the Building on
Reemployment Improvements to Deliver Good Employment (BRIDGE) for Workers Act. This Reemployment Improvements to Deliver Good Employment (BRIDGE) for Workers Act. This
proposal would extend eligibilityproposal would extend eligibility to any claimant of unemployment benefits, including those to any claimant of unemployment benefits, including those
profiled as likelyprofiled as likely to exhaust benefits (rather than limiting eligibilityto exhaust benefits (rather than limiting eligibility to those who were profiled as to those who were profiled as
likelylikely to exhaust benefits). The House passed H.R. 1759 on April 9, 2019. On November 14, to exhaust benefits). The House passed H.R. 1759 on April 9, 2019. On November 14,
2019, Senator Christopher Coons introduced S. 2872, the BRIDGE for Workers Act, which is the 2019, Senator Christopher Coons introduced S. 2872, the BRIDGE for Workers Act, which is the
Senate companion Senate companion ~~bil~~ bill to H.R. 1759. ~~to H.R. 1759.~~

~~80 T his proposal would create a new authority to provide self-employment assistance benefits under a new T itle XIII~~
~~Part B of the Social Security Act. T his new authority would be distinct from Self-Employment Assistance programs~~
~~currently authorized under federal law and set up by states. See CRS Report R41253,~~ ~~The Self-Em ploym ent Assistance~~
~~(SEA) Program~~ .
~~81 As defined in Section 3 of the Workforce Innovation and Opportunity Act (P.L. 113-128).~~
~~82 As defined by the newly-created Director of the Office of Reemployment Assist ance, in consultation with the~~
~~Secretary of Labor and in accordance with criteria set out under the proposed Section 1323 of the Social Security Act.~~
~~83 “As so determined” under the proposed Section 1325(4)(A)(iii) of the Social Security Act.~~
~~84 For additional background on drug testing UC applicants, including selected policy considerations and potential legal~~
~~concerns, see CRS Report R45889, Unem ployment Com pensation (UC): Issues Related to Drug Testing .~~
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~~link to page 15~~ ~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

UI Response to COVID-19
Both, H.R. 6201, the Families First Coronavirus Response Act, and H.R. 748, the CARES Act Both, H.R. 6201, the Families First Coronavirus Response Act, and H.R. 748, the CARES Act
have become law and are discussed in the section: have become law and are discussed in the section: “Enacted Laws in the 116th Congress.” Brief .” Brief
summaries of alternative summaries of alternative ~~bil s~~bills introduced in the 116th Congress before the CARES Act became introduced in the 116th Congress before the CARES Act became
law are below. These law are below. These ~~bil s~~bills would authorize new UI benefits or modify existing UI benefits in would authorize new UI benefits or modify existing UI benefits in
response to unemployment due to COVID-19. response to unemployment due to COVID-19.
H.R. 6199
On March 11, 2020, Representative Steven Horsford introduced H.R. 6199, which includes the On March 11, 2020, Representative Steven Horsford introduced H.R. 6199, which includes the
same UI provisions as Division D, the Emergency Unemployment Insurance Stability and Access same UI provisions as Division D, the Emergency Unemployment Insurance Stability and Access
Act of 2020, of H.R. 6201/P.L. 116-127, the Families First Coronavirus Response Act. Act of 2020, of H.R. 6201/P.L. 116-127, the Families First Coronavirus Response Act.
H.R. 6207/S. 3476
On March 11, 2020, Representative Derek Kilmer, introduced H.R. 6207, the Coronavirus Worker On March 11, 2020, Representative Derek Kilmer, introduced H.R. 6207, the Coronavirus Worker
Relief Act. This proposal would authorized the availabilityRelief Act. This proposal would authorized the availability of DUAof DUA benefits under a Stafford Act benefits under a Stafford Act
emergency declaration or disaster declaration for COVID-19.emergency declaration or disaster declaration for COVID-19.8593 On March 12, Senator Gary Peters On March 12, Senator Gary Peters
introduced S. 3476, the Senate companion introduced S. 3476, the Senate companion ~~bil .~~
bill. 92 For additional background on drug testing UC applicants, including selected policy considerations and potential legal concerns, see CRS Report R45889, Unemployment Compensation (UC): Issues Related to Drug Testing. 93 For background on emergency declarations under the Stafford Act, see CRS Report R43784, FEMA’s Disaster Declaration Process: A Primer. Congressional Research Service 22 Unemployment Insurance: Legislative Issues in the 116th Congress H.R. 6271
Representative Shelia Jackson Lee introduced H.R. 6271, the Unemployment Assistance for Representative Shelia Jackson Lee introduced H.R. 6271, the Unemployment Assistance for
Individuals Impacted by Quarantine Order for a National or State Public Health Emergency Act Individuals Impacted by Quarantine Order for a National or State Public Health Emergency Act
of 2020, on March 13, 2020. The proposal would authorize the availabilityof 2020, on March 13, 2020. The proposal would authorize the availability of DUA benefits under of DUA benefits under
a public health emergency declaration. a public health emergency declaration.
H.R. 6379
On March 23, 2020, Representative Nita Lowey introduced H.R. 6379, the Take Responsibility On March 23, 2020, Representative Nita Lowey introduced H.R. 6379, the Take Responsibility
for Workers and Families Act. Among other provisions, this for Workers and Families Act. Among other provisions, this ~~bil~~ bill includes a number of UI includes a number of UI
proposals that would expand and extend UI benefits and provide temporary federal funding of proposals that would expand and extend UI benefits and provide temporary federal funding of
certain UI benefits.certain UI benefits.
Many of the UI provisions in this Many of the UI provisions in this ~~bil~~ bill are similar to what was enacted under the CARES Act—for are similar to what was enacted under the CARES Act—for
example, the additional $600 per week benefit augmentation (the proposal would authorize the example, the additional $600 per week benefit augmentation (the proposal would authorize the
$600 weekly benefit through December 2020, and STC beneficiaries would receive $300 per $600 weekly benefit through December 2020, and STC beneficiaries would receive $300 per
week rather $600); temporary federal financing for Short-Time Compensation programs; week rather $600); temporary federal financing for Short-Time Compensation programs;
financial relief for reimbursing employers; and temporary provisions related to Railroad financial relief for reimbursing employers; and temporary provisions related to Railroad
Unemployment Insurance benefits. H.R. 6379 would deem that Unemployment Insurance benefits. H.R. 6379 would deem that al all states be in an active EB states be in an active EB
period. period. ~~Final y,~~ Finally, H.R. 6379, would create a Pandemic Self-Employment and Job Entrant H.R. 6379, would create a Pandemic Self-Employment and Job Entrant
Compensation program, which would provide benefits to self-employed workers, individuals who Compensation program, which would provide benefits to self-employed workers, individuals who
had contracts for work that were had contracts for work that were ~~cancel ed~~cancelled due to the virus, and a separate new-entrant benefit for due to the virus, and a separate new-entrant benefit for
~~individuals~~ individuals such as recent college graduates who otherwise would not qualify for UI benefits. such as recent college graduates who otherwise would not qualify for UI benefits.

~~85 For background on emergency declarations under the Stafford Act, see CRS Report R43784,~~ ~~FEMA’s Disaster~~
~~Declaration Process: A Prim er~~.
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

~~S. 3482~~
~~On March 12, 2020, Senator Cory Booker introduced S. 3482, the Emergency U.I. Solutions Act~~
~~of 2020, a bil that would remove and federal y~~ H.R. 6409 Representative Ilhan Omar introduced H.R. 6409, the Assistance for Businesses and Local Economies Act (ABLE Act of 2020), on March 27, 2020. Among other provisions, the ABLE Act of 2020 would authorize a federally funded Emergency COVID-19 Unemployment Compensation payment for workers who are unemployed or idle as a result of the public health emergency declared because of COVID-19. This proposal would define an idle worker as a “worker facing substantial economic uncertainty and hardship due the COVID-19 and its social distancing,” including (but not limited to) food industry and hospitality workers; domestic and tipped workers; gig economy, freelance, and other self-employed workers; and independent contractors. The Emergency COVID-19 Unemployment Compensation payment, which would augment state UI benefits, would be capped at $5,000 per month for idle workers of small businesses; $4,000 per month for idle tipped workers, certain domestic workers, and independent contractors; and $3,000 per month for all other affected and eligible self-employed individuals (e.g., gig economy workers and freelancers). This proposal would also provide 50% of the amount of Emergency COVID-19 Unemployment Compensation payments for STC benefits in states that have approved STCs programs. The Emergency COVID-19 Unemployment Compensation payments under this proposal would be authorized for weeks of unemployment beginning on or after March 1, 2020, and ending on or before January 1, 2021. S. 3482 On March 12, 2020, Senator Cory Booker introduced S. 3482, the Emergency U.I. Solutions Act of 2020, a bill that would remove and federally finance any waiting week (i.e., unpaid first week of unemployment) under regular UC programs during a Stafford Act emergency declaration. This Congressional Research Service 23 Unemployment Insurance: Legislative Issues in the 116th Congress ~~finance any waiting week (i.e., unpaid first week~~
~~of unemployment) under regular UC programs during a Stafford Act emergency declaration. This~~
proposal would also add a new federal requirement for state UC programs to eliminate any proposal would also add a new federal requirement for state UC programs to eliminate any
waiting week in this circumstance. waiting week in this circumstance.
S. 3497
On March 12, 2020, Senator Gary Peters introduced S. 3497, the Pandemic Unemployment On March 12, 2020, Senator Gary Peters introduced S. 3497, the Pandemic Unemployment
Assistance Act, a Assistance Act, a ~~bil~~ bill which would create a temporary 26-week benefit for unemployed persons which would create a temporary 26-week benefit for unemployed persons
whose unemployment is attributable COVID-19 and are ineligiblewhose unemployment is attributable COVID-19 and are ineligible for regular UC. for regular UC.
S. 3523
On March 18, 2020, Senator Tom Cotton introduced S. 3523, the Coronavirus Unemployment On March 18, 2020, Senator Tom Cotton introduced S. 3523, the Coronavirus Unemployment
Insurance Act. S. 3523 would provide 100% federal funding for state UC benefit payments (and Insurance Act. S. 3523 would provide 100% federal funding for state UC benefit payments (and
related administrative expenses) for unemployment due to an employer temporarily suspending related administrative expenses) for unemployment due to an employer temporarily suspending
operations due to COVID-19; an individualoperations due to COVID-19; an individual unable to work and not receiving pay due to a unable to work and not receiving pay due to a
COVID-19-related quarantine but expected to return to work; and for an individual not receiving COVID-19-related quarantine but expected to return to work; and for an individual not receiving
pay due to caregiving related to COVID-19. S. 3523 also contains a provision that would waive pay due to caregiving related to COVID-19. S. 3523 also contains a provision that would waive
any federal UI requirements related to certain aspects of state UC programs, which was enacted any federal UI requirements related to certain aspects of state UC programs, which was enacted
under Section 4102(b) of FFCRA (P.L. 116-127).under Section 4102(b) of FFCRA (P.L. 116-127).
S. 3534/ H.R. 6687
Senator Kamala Harris introduced S. 3534, the Pandemic Disaster Assistance Act of 2020, on Senator Kamala Harris introduced S. 3534, the Pandemic Disaster Assistance Act of 2020, on
March 19, 2020. Among other provisions, S. 3534 would make DUA benefits under the Stafford March 19, 2020. Among other provisions, S. 3534 would make DUA benefits under the Stafford
Act availableAct available in response to an emergency due to a pandemic. Under this in response to an emergency due to a pandemic. Under this ~~bil~~ bill, DUA benefits , DUA benefits
would be calculated as at least 1.5 times the national weekly average UI benefit. This would be calculated as at least 1.5 times the national weekly average UI benefit. This ~~bil~~ bill would would
also provide DUA benefits regardless of whether an individual is eligiblealso provide DUA benefits regardless of whether an individual is eligible for any other type of UI for any other type of UI
~~benefit~~benefit. On May 1, 2020, Representative Alexandria Ocasio-Cortez introduced H.R. 6687, the House companion bill. .
Amendments, Contractions, or Extensions to the
CARES Act and FFCRA
Since the passage of the CARES Act and FFCRA, Congress has been active in proposing changes Since the passage of the CARES Act and FFCRA, Congress has been active in proposing changes
to the two acts. This includes amending, contracting, or expanding the new temporary benefits, to the two acts. This includes amending, contracting, or expanding the new temporary benefits,
programs, time limitations, and authorities created under those two acts. programs, time limitations, and authorities created under those two acts.
H.R. 6800
On May 12, 2020, Representative Nita Lowery introduced H.R. 6800, Health and Economic On May 12, 2020, Representative Nita Lowery introduced H.R. 6800, Health and Economic
Recovery Omnibus Emergency Solutions (Heroes) Act. The Recovery Omnibus Emergency Solutions (Heroes) Act. The ~~bil~~ bill would, among other provisions, would, among other provisions,
amend and extend most of the provisions of the UI provisions in the CARES Act, as amend and extend most of the provisions of the UI provisions in the CARES Act, as ~~wel~~ well as the as the
EB financing provisions of FFCRA. EB financing provisions of FFCRA. The Heroes Act would also appropriate additional funds for UI program administration.94 On May 15, 2020, the House of Representatives passed the On May 15, 2020, the House of Representatives passed the
~~bil~~ bill on a vote of 208 to 199. on a vote of 208 to 199.
94 See Division A, Title VI. Congressional Research Service Congressional Research Service

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Unemployment Insurance: Legislative Issues in the 116th Congress

Sections 50001-50004 of the Heroes Act would extend the authorization of the temporary UI Sections 50001-50004 of the Heroes Act would extend the authorization of the temporary UI
programs created in the CARES act, including the additionalprograms created in the CARES act, including the additional $600/week FPUC payment, the $600/week FPUC payment, the
PUA program, and the PEUC program for weeks of unemployment ending on or before January PUA program, and the PEUC program for weeks of unemployment ending on or before January
31, 2021 (hereinafter, through January 2021).31, 2021 (hereinafter, through January 2021).95 The The ~~bil~~ bill would also provide a phase-out period, would also provide a phase-out period,
meaning that individualsmeaning that individuals already receiving these UI benefits at the time of expiration (i.e., end of already receiving these UI benefits at the time of expiration (i.e., end of
January 2021) would continue to receive these UI benefits through March 2021. No FPUC, PUA, January 2021) would continue to receive these UI benefits through March 2021. No FPUC, PUA,
or PEUC would be paid for any week of unemployment beginning after March 31, 2021. or PEUC would be paid for any week of unemployment beginning after March 31, 2021.
~~Additional y, the bil~~ Additionally, the bill would require the disregard of FPUC would require the disregard of FPUC income for purposes of for purposes of al all federal and federal and
~~federal y~~federally-assisted programs. -assisted programs.
Section 50004 would extend through January 2021 the 100% federal financing for UC benefits Section 50004 would extend through January 2021 the 100% federal financing for UC benefits
provided during the first week of unemployment in state UC programs with no one-week waiting provided during the first week of unemployment in state UC programs with no one-week waiting
period. Section 50005 would extend through January 2021 the 50% federal funding of regular UC period. Section 50005 would extend through January 2021 the 50% federal funding of regular UC
benefits based on service with reimbursing employers that are state and local governments, benefits based on service with reimbursing employers that are state and local governments,
~~federal y~~federally recognized Indian tribes, and nonprofit organizations that have opted to reimburse states recognized Indian tribes, and nonprofit organizations that have opted to reimburse states
for UC benefits paid to their former employees, instead of paying UI taxes.for UC benefits paid to their former employees, instead of paying UI taxes.
Section 50006 would Section 50006 would ~~al ow~~allow states flexibility states flexibility in establishing income for PUA to include any in establishing income for PUA to include any
applicable data with respect to an individual’s applicable data with respect to an individual’s ~~electronical y~~electronically mediated employment. This would mediated employment. This would
~~al ow individuals~~ allow individuals to provide items such as ride sharing applications data for determining to provide items such as ride sharing applications data for determining ~~inc ome~~income. .
Section 50007 would extend the FFCRA temporary waiver of interest payments and the accrual Section 50007 would extend the FFCRA temporary waiver of interest payments and the accrual
of interest on federal advances (loans) to states to pay UC benefits through June 30, 2021, but it of interest on federal advances (loans) to states to pay UC benefits through June 30, 2021, but it
would not reduce any underlying loan principal. would not reduce any underlying loan principal.
Section 50008 would extend the FFCRA provisions that temporarily make EB 100% Section 50008 would extend the FFCRA provisions that temporarily make EB 100% ~~federal y~~
federally financed (with the exception of “non-sharable” compensation [e.g., state and local workers]) from financed (with the exception of “non-sharable” compensation [e.g., state and local workers]) from
enactment until the end of June 30, 2021. enactment until the end of June 30, 2021.
Sections 50009 and 50010 would extend the 100% federal financing of STC (work sharing) in Sections 50009 and 50010 would extend the 100% federal financing of STC (work sharing) in
states with existing programs and 50% federal financing for states that set up STC through states with existing programs and 50% federal financing for states that set up STC through
January 2021. January 2021. ~~Additional y,~~ Additionally, Section 50011 would create a retroactive grace period for any state Section 50011 would create a retroactive grace period for any state
~~that converts from a temporary STC program into a permanent law program.~~
~~H.R. 6582~~
~~Representative Jahana Hayes introduced H.R. 6582, the Food for Working Families Act of 2020,~~
~~on April 21, 2020. H.R. 6582 would disregard FPUC payments for the purposes of the~~
~~Supplement Nutrition Assistance Programs (SNAP).86~~
~~H.R. 6680/S. 3619~~
~~On May 1, 2020, Representative Daniel Kildee~~ that converts from a temporary STC program into a permanent law program. Title VI would provide additional funding to DOL, including $15 million for federal UI administration.96 Section 10601 would also provide supplemental funding of $28.6 million for UI administration, with a contingency trigger to provide an additional $28.6 million for each 100,000 UI claims over the 1,758,000 average weekly insured unemployment (AWIU) baseline.97 The Congressional Budget Office (CBO) estimates that Section 10601 would provide $925 million in additional budget authority in FY2021.98 95 The Heroes Act would also provide comparable extensions for temporary RRUI benefits created under the CARES Act. 96 This title would also provide $5 million to for the administration of RRUI benefits, including $500,000 for the Office of the Inspector General. 97 For an overview of UI administrative funding, see CRS In Focus IF10838, Funding the State Administration of Unemployment Compensation (UC) Benefits. 98 CBO estimates are based on estimates of average weekly insured unemployment derived from CBO’s interim projection for the unemployment rate. See Table 2 in Congressional Budget Office, CBO Estimate for H.R. 6800, the Heroes Act, as Passed by the House of Representatives on May 15, 2020, June 1, 2020, https://www.cbo.gov/publication/56383. Congressional Research Service 25 Unemployment Insurance: Legislative Issues in the 116th Congress H.R. 6582 Representative Jahana Hayes introduced H.R. 6582, the Food for Working Families Act of 2020, on April 21, 2020. H.R. 6582 would disregard FPUC payments for the purposes of the Supplement Nutrition Assistance Programs (SNAP).99 H.R. 6680/S. 3619 On May 1, 2020, Representative Daniel Kildee introduced H.R. 6680, the Strengthening introduced H.R. 6680, the Strengthening
Unemployment Insurance for Coronavirus Impacted Workers and Students Act. On May 6, 2020, Unemployment Insurance for Coronavirus Impacted Workers and Students Act. On May 6, 2020,
Senator Jack Reed introduced the Senate companion Senator Jack Reed introduced the Senate companion ~~bil~~ bill to H.R. 6680: S. 3619 (also named the to H.R. 6680: S. 3619 (also named the
Strengthening Unemployment Insurance for Coronavirus Impacted Workers and Students Act).Strengthening Unemployment Insurance for Coronavirus Impacted Workers and Students Act).
H.R. 6680 and S. 3619 would amend the authorization for the FPUC payment to (1) make FPUC H.R. 6680 and S. 3619 would amend the authorization for the FPUC payment to (1) make FPUC
payments retroactive to weeks of unemployment beginning on or after March 13, 2020 and (2) payments retroactive to weeks of unemployment beginning on or after March 13, 2020 and (2)
extend the authorization for FPUC payments through weeks of unemployment beginning on or extend the authorization for FPUC payments through weeks of unemployment beginning on or

~~86 For background on SNAP, see CRS Report R42505,~~ ~~Supplemental Nutrition Assistance Program (SNAP): A Primer~~
~~on Eligibility and Benefits~~.
~~Congressional Research Service~~

24

~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

after January 1, 2021, with a phase-out period through June 2021 (individuals already receiving after January 1, 2021, with a phase-out period through June 2021 (individuals already receiving
FPUC at the time of expiration [i.e., beginning of January 2021] would continue to receive this FPUC at the time of expiration [i.e., beginning of January 2021] would continue to receive this
benefit with no FPUC payable for any beginning after June 30, 2021). These benefit with no FPUC payable for any beginning after June 30, 2021). These ~~bil s~~bills would also would also
codify the current DOL interpretation that individuals receiving STC benefits are eligiblecodify the current DOL interpretation that individuals receiving STC benefits are eligible for the for the
$600$600~~/week~~ weekly FPUC payment. FPUC payment. ~~Additional y,~~ Additionally, H.R. 6680 and S. 3619 would require the disregard of H.R. 6680 and S. 3619 would require the disregard of
FPUC and for purposes of FPUC and for purposes of al all federal and federal and ~~federal y-~~federally assisted programs. assisted programs.
H.R. 6680 and S. 3619 would create a new, H.R. 6680 and S. 3619 would create a new, ~~federal y-~~federally financed $300 weekly benefit for financed $300 weekly benefit for
individuals, such as students and recent graduates, who do not have a recent attachment to the individuals, such as students and recent graduates, who do not have a recent attachment to the
labor force.labor force.
H.R. 6680 and S. 3619 would extend the FFCRA provisions that temporarily make EB 100% H.R. 6680 and S. 3619 would extend the FFCRA provisions that temporarily make EB 100%
~~federal y~~federally financed (with the exception of “non-sharable” compensation [e.g., state and local financed (with the exception of “non-sharable” compensation [e.g., state and local
workers]) from enactment until the end of June 30, 2021. workers]) from enactment until the end of June 30, 2021.
H.R. 6695
Representative Nydia VelazquezRepresentative Nydia Velazquez introduced H.R. 6695, the Excluding Pandemic Unemployment introduced H.R. 6695, the Excluding Pandemic Unemployment
Compensation from Income Act, on May 1, 2020. H.R. 6695 would exclude FPUC benefit Compensation from Income Act, on May 1, 2020. H.R. 6695 would exclude FPUC benefit
amounts from gross income calculations for federal income tax purposes and for purposes of amounts from gross income calculations for federal income tax purposes and for purposes of al
all federal and federal and ~~federal y~~federally-assisted programs. -assisted programs.
H.R. 6805
On May 12, 2020, Representative Ted Budd introduced H.R. 6805, the Getting Americans Back On May 12, 2020, Representative Ted Budd introduced H.R. 6805, the Getting Americans Back
to Work Act. H.R. 6805 would cap the total amount of UI benefits individuals may receive under to Work Act. H.R. 6805 would cap the total amount of UI benefits individuals may receive under
the CARES Act (i.e., UI, FPUC, PUA), not to exceed the individual’s average weekly wages the CARES Act (i.e., UI, FPUC, PUA), not to exceed the individual’s average weekly wages
~~prior to UI benefit receipt, as determined by the Secretary of Labor.~~
prior to UI benefit receipt, as determined by the Secretary of Labor. H.R. 7013 On March 26, 2020, Representative Dan Crenshaw introduced H.R. 7013, the Jump-Start the American Economy Act. This proposal would authorize reemployment support benefits of $600 99 For background on SNAP, see CRS Report R42505, Supplemental Nutrition Assistance Program (SNAP): A Primer on Eligibility and Benefits. Congressional Research Service 26 Unemployment Insurance: Legislative Issues in the 116th Congress weekly for anyone previously eligible for FPUC and is no longer eligible because of reemployment. These reemployment support payments would be available for up to six weeks or the expiration of FPUC (currently ending on or before July 31, 2020 [June 25, 2020 in most states; June 26, 2020 in New York]), whichever is earlier. H.R. 7066 Representative Kevin Brady, introduced H.R. 7066, the Reopening America by Supporting Workers and Businesses Act of 2020, on June 1, 2020. This proposal would authorize up to two weeks of FPUC payments ($1,200, allowable as one lump-sum payment) for individuals reemployed in the week after being previously eligible for FPUC. These return-to-work payments would be payable from enactment through the week ending on or before July 31, 2020 (June 25, 2020 in most states; June 26, 2020 in New York). This proposal would also require states to (1) set up procedures for employer reporting of UI claimants who refuse offers of suitable work (e.g., returning to previous job) and (2) provide notice to UI claimants of state laws regarding refusal of suitable work and information on denial of UI claims related to refusal of suitable work. In addition, this proposal would make technical corrections to the funding relief for government entities and nonprofits authorized under Section 2103 of the CARES Act (P.L. 116-136 ).100 S. 3696
Senator Cardin introduced S. 3696, the Health Insurance Relief for Unemployed Individuals and Senator Cardin introduced S. 3696, the Health Insurance Relief for Unemployed Individuals and
Families, on May 12, 2020. S. 3696 would exclude FPUC benefit amounts in determining Families, on May 12, 2020. S. 3696 would exclude FPUC benefit amounts in determining
eligibilityeligibility for and the amount of the tax credit for health care premium assistance and for means for and the amount of the tax credit for health care premium assistance and for means
tested federal benefit programs. tested federal benefit programs.

~~Author Information~~

~~Julie M. Whittaker~~
~~Katelin P. Isaacs~~
~~Specialist in Income Security~~
~~Specialist in Income Security~~

~~Congressional Research Service~~

25

~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

S. 3771 On May 20, 2020, Senator Joni Ernst introduced S. 3771, the Returning Inappropriate Cash Handouts (RICH) Act. This proposal would prohibit the payment of any PUA or FPUC benefits to individuals with an adjusted gross income of $1 million or greater, effective after enactment. S. 3857 Senator Kelly Loeffler introduced S. 3857, on June 1, 2020. For weeks of unemployment beginning on or after June 1, 2020, this proposal would limit the total UI weekly benefit payment, including amounts paid from regular state UI benefits, PUA, PEUC and FPUC, to the amount of the prior average weekly wages on which the UI benefits are based. This benefit payment cap would also apply to the combination of STC benefits and wages paid by an employer for individuals receiving STC. S. 4143 On July 1, 2020, Senator Chuck Schumer introduced S. 4143, the American Workforce Rescue Act of 2020. S. 4143 would extend the authority for FPUC payments and make the FPUC payment amount variable based on state unemployment rates. The FPUC payment would have six 100 After the introduction of H.R. 7066, S. 4209, which contains similar provisions (and additional provisions) amending Section 2103 of the CARES Act, was passed by the House and Senate. Congressional Research Service 27 Unemployment Insurance: Legislative Issues in the 116th Congress tiers and range from $100 to $600 weekly based upon the three-month average state unemployment rates (ranging from 6% to 11%).101 Similarly, this proposal would extend the authority for PEUC and make PEUC duration variable based upon state unemployment rates. PEUC would have four tiers available depending on three-month average state unemployment rates (ranging from 13 to 52 weeks total). This proposal would also extend the authority for PUA and duration of PUA benefits in the same manner as PEUC.102 In addition, S. 4143 would extend the authority for additional temporary UI measures authorized under FFCRA (P.L. 116-127 and the CARES Act (P.L. 116-136) until the three-month average state unemployment rate is below 5.5%.103 Author Information Julie M. Whittaker Katelin P. Isaacs Specialist in Income Security Specialist in Income Security

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should under the direction of Congress. Information in a CRS Report should ~~n ot~~not be relied upon for purposes other be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
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101 The FPUC authorization would be extended until the three-month average unemployment rate in a state is below 6.0%. 102 Both PEUC and PUA authorizations would be extended until the three-month average unemployment rate in a state is below 5.5%. 103 These extensions of temporary UI measures included the 100% federal financing of EB (with the exception of “non-sharable” compensation—e.g., state and local workers); the temporary waiver of interest payments and the accrual of interest on federal advances (loans) to states to pay UC benefits (would not reduce any underlying loan principal); the 50% federal funding of regular UC benefits based on service with reimbursing employers (i.e., state and local governments, federally recognized Indian tribes, and nonprofit organizations that have opted not to pay UI taxes, but instead reimburse states for UC benefits paid to their former employees); the 100% federal financing through the end of December 2020 for UC benefits provided during the first week of unemployment in state UC programs with no one-week waiting period; the 100% federal financing of STC in states with existing programs and 50% federal financing for states that set up STC; and the waiver of the seven-day waiting period for RRUI benefits. Congressional Research Service R45478 · VERSION 13 · UPDATED 28 ~~Congressional Research Service~~
~~R45478 · VERSION 11 · UPDATED~~
26