Unemployment Insurance: Legislative Issues in the 116th Congress

Changes from November 9, 2020 to January 27, 2021

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 ~~November 9, 2020~~January 27, 2021
the 116th Congress
Julie M. Whittaker
Responding to the Coronavirus Disease 2019 (COVID-19) pandemic and the resulting economic Responding to the Coronavirus Disease 2019 (COVID-19) pandemic and the resulting economic
Specialist in Income Specialist in Income
recession, the 116th Congress recession, the 116th Congress ~~has~~ created several new temporary unemployment insurance (UI) created several new temporary unemployment insurance (UI)
Security Security
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

modified permanent UI programs. modified permanent UI programs.
Katelin P. Isaacs
Specialist in Income Specialist in Income
On March 18, 2020, President Trump signed P.L. 116-127 (H.R. 6201), the Families First On March 18, 2020, President Trump signed P.L. 116-127 (H.R. 6201), the Families First
Security Security
Coronavirus Response Act (FFCRA). The UI provisions Coronavirus Response Act (FFCRA). The UI provisions ~~provide~~provided various types of assistance to various types of assistance to

states, including up to $1 billion in emergency administrative grant funding in calendar year states, including up to $1 billion in emergency administrative grant funding in calendar year
2020. This law also 2020. This law also ~~provides~~provided federal funding for the first week of Unemployment Compensation federal funding for the first week of Unemployment Compensation

(UC) through December 2020, if the state (UC) through December 2020, if the state ~~suspends~~suspended or does not have a waiting week in its regular or does not have a waiting week in its regular
UC program. UC program. On March 27, 2020, President Trump signed P.L. 116-136On March 27, 2020, President Trump signed P.L. 116-136 (H.R. 748), the Coronavirus Aid, Relief, and (H.R. 748), the Coronavirus Aid, Relief, and
Economic Security Act (CARES) Act. The UI provisions Economic Security Act (CARES) Act. The UI provisions ~~include~~included 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 programsindependent contractors, gig economy workers, and other workers not covered under state UC programs through a new through a new
temporary Pandemic Unemployment Assistance (PUAtemporary Pandemic Unemployment Assistance (PUA ;; originally authorized through December 26, 2020). Other provisions expanded authorized through December 26, 2020). Other provisions expanded
potential weeks of UI benefits through the Pandemic Emergency Unemployment Compensation (PEUC; potential weeks of UI benefits through the Pandemic Emergency Unemployment Compensation (PEUC; originally authorized through authorized through
December 26, 2020) and augmented all UI benefits with an additional $600 weekly Federal Pandemic Unemployment December 26, 2020) and augmented all UI benefits with an additional $600 weekly Federal Pandemic Unemployment
Compensation (FPUC; Compensation (FPUC; originally authorized through July 25, 2020). On August 3, 2020, President Trump signed P.L. 116-151 (S. 4209), the Protecting Nonprofits from Catastrophic Cash Flow Strain Act of 2020, revising the reimbursement steps required by the CARES Act’s 50% federal funding of regular state UI benefits for reimbursing employers through December 31, 2020. Additionally, UI benefits attributed to the authorized period could be reimbursed even if the transfer of funds for the reimbursement occurs after December 2020. On August ~~authorized through July 25, 2020).~~
~~On August~~ 8, 2020, President Trump issued a presidential memorandum authorizing other needs assistance (ONA) under 8, 2020, President Trump issued a presidential memorandum authorizing other needs assistance (ONA) under
Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended;
42 U.S.C. §5174(e)(2)) temporarily paying Lost Wages Assistance (LWA). LWA provided grants to states to supplement the 42 U.S.C. §5174(e)(2)) temporarily paying Lost Wages Assistance (LWA). LWA provided grants to states to supplement the
weekly benefits of certain eligible UI claimants weekly benefits of certain eligible UI claimants (who were entitled to at least $100 in weekly benefits) in participating states by $300 weekly. in participating states by $300 weekly. ~~Most states ended payments on~~
~~September 5, 2020. On August 3~~LWA was not available to those receiving Disaster Unemployment Assistance (DUA). South Dakota did not participate in LWA. All states ended payments by September 6, 2020. On December 27, 2020, President Trump signed P.L. 116-, 2020, President Trump signed P.L. 116-~~151 (S. 4209), the Protecting Nonprofits from~~
~~Catastrophic Cash Flow Strain Act of 2020, revising the reimbursement steps required by the CARES Act’s 50% federal~~
~~funding of regular state UI benefits for reimbursing employers through December 31, 2020. Additionally, UI benefits~~
~~attributed to the authorized period may be reimbursed even if the reimbursement happens after December 2020.~~
~~In the 116th Congress, policymakers have introduced the following additional legislation:~~
260 (H.R. 133), the Consolidated Appropriations Act, 2021. Division N, Title II, Subtitle A, of the Continued Assistance for Unemployed Workers Act of 2020 (the “Continued Assistance Act”) contained the UI provisions. Among these UI provisions, the Continued Assistance Act reauthorized and expanded the temporary CARES Act UI benefits:  PUA was also expanded to provide 11 additional weeks of PUA benefits (not retroactive; only payable for weeks of unemployment beginning December 26, 2020; December 27, 2020, in New York) for a total of 50 weeks of PUA. The Continued Assistance Act extended the authorization for PUA through weeks of unemployment ending on or before March 14, 2021 (March 13, 2021; March 14, 2021, in New York) and created a four-week phaseout period for PUA for individuals who have remaining weeks of PUA at the end of the program. The Continued Assistance Act also provided a new deadline for the backd ating of PUA claims (previously, PUA claims could be backdated to February 2, 2020)—initial PUA applications for PUA filed after December 27, 2020, may not be backdated earlier than December 1, 2020. Finally, the Continued Assistance Act authorized additional measures related to PUA, including authority for states to waive recovery of PUA overpayments in cases of nonfault and hardship, as well as requirements for additional documentation by claimants and other PUA program integrity measures.  PEUC was expanded to provide 11 additional weeks of PEUC benefits (not retroactive; only payable for weeks of unemployment beginning December 26, 2020; December 27, 2020, in New York)—for a total of 24 weeks of PEUC. Additionally, the Continued Assistance Act extended the authorization for PEUC Congressional Research Service through weeks of unemployment ending on or before March 14, 2021 (March 13, 2021; March 14, 2021, in New York) and created a four-week phaseout period for PEUC for individuals who have remaining weeks of PEUC at the end of the program.  FPUC was reauthorized for an additional period at a lowered amount of $300 per week (not retroactive; only payable for weeks of unemployment beginning after December 26, 2020, and ending on or before March 14, 2021). After March 13, 2021 (March 14, 2021, in New York), no FPUC benefits are payable.  At the option of states, the Continued Assistance Act authorized a $100 per week benefit augmentation for unemployed workers with income from both wage-and-salary jobs and self-employment—Mixed Earned Unemployment Compensation (MEUC)—to be added to the FPUC benefit. The Continued Assistance Act also extended the authority for additional temporary UI measures first authorized under FFCRA and the CARES Act through March 13, 2021 (March 14, 2021, in New York). In the 116th Congress, policymakers introduced the following additional legislation:  S. 165, H.R. 720, H.R. 725, H.R. 1117, and H.R. 4072—related to Unemployment Compensation for  S. 165, H.R. 720, H.R. 725, H.R. 1117, 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 (passed by the House)—to require that states consider an individual who quit employment  H.R. 1585 (passed by the House)—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; because of sexual harassment, domestic violence, sexual assault, or stalking to be eligible for UC benefits;
 H.R. 1759 (passed by the House) and S. 2872—to amend Title III of the Social Security Act to extend  H.R. 1759 (passed by the House) and S. 2872—to amend Title III of the Social Security Act to extend
Reemployment Services and Eligibility Assessments (RESEA) to all UC claimants; Reemployment Services and Eligibility Assessments (RESEA) to all UC claimants;
 H.R. 8213 and S. 3494—to provide temporary federal financing for Short-Time Compensation (STC)  H.R. 8213 and S. 3494—to provide temporary federal financing for Short-Time Compensation (STC)
programs; programs;
 S. 4713—to exclude up to $10,200 in UI benefit income from federal income taxation in tax year 2020;  S. 4713—to exclude up to $10,200 in UI benefit income from federal income taxation in tax year 2020;
 H.R. 925 (passed by the House), H.R. 6199, H.R. 6207, H.R. 6271, H.R. 6379, H.R. 6409, H.R. 6582, H.R.  H.R. 925 (passed by the House), H.R. 6199, H.R. 6207, H.R. 6271, H.R. 6379, H.R. 6409, H.R. 6582, H.R.
6680, H.R. 6687, H.R. 6695, H.R. 6800 (passed by the House), H.R. 7013, H.R. 7066, H.R. 7371, H.R. 6680, H.R. 6687, H.R. 6695, H.R. 6800 (passed by the House), H.R. 7013, H.R. 7066, H.R. 7371, H.R.
7959, H.R. 7691, H.R. 7762, H.R. 7821, H.R. 7846, H.R. 7957, H.R. 8406, 7959, H.R. 7691, H.R. 7762, H.R. 7821, H.R. 7846, H.R. 7957, H.R. 8406, H.R. 8812, S. 3476, S. 3482, S. 3497,S. 3476, S. 3482, S. 3497, S. S.
3523,3523, S. 3534,S. 3534, S. 3619,S. 3619, S. 3696,S. 3696, S. 3771,S. 3771, S. 3857,S. 3857, S. 4083, S. 4143, S. 4378, S. 4361, S. 4275, S. 4318, S. S. 4083, S. 4143, S. 4378, S. 4361, S. 4275, S. 4318, S.
4378,4378, S. 4437,S. 4437, S. 4442, S. 4771, S. S. 4771, S. ~~4442, and S. 4775~~4775, S. 4935, and S. 5037—to amend federal UI law in various ways in response to —to amend federal UI law in various ways in response to
COVID-19,COVID-19, including by amending, contracting, or expanding UI provisions in FFCRA or the CARES Act; including by amending, contracting, or expanding UI provisions in FFCRA or the CARES Act;
 H.R. 8284, S. 4244, S. 4252, S. 4275, and S. 4283—to modernize state UI systems and implement  H.R. 8284, S. 4244, S. 4252, S. 4275, and S. 4283—to modernize state UI systems and implement
additional program integrity measures. additional program integrity measures.
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link to page link to page 8 ~~Unemployment Insurance: Legislative Issues in the 116th Congress~~
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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 unemployed workers. provide benefits for eligible unemployed workers.
Overview of Unemployment Insurance Programs
In general, when eligible workers lose their jobs, the joint federal-state Unemployment In general, when eligible 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 Benefit (EB) program if certain economic situations exist within the state.1 As of ~~the date of this~~
~~report, 40~~January 8, 2021, 20 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands ~~are~~were in an in an
active EB period, and active EB period, and 14nine of those of those ~~states~~jurisdictions had additional y additional y ~~have~~ triggered “on” a high unemployment triggered “on” a high unemployment
period (HUP) where up to 20 weeks are available.2 For an overview of EB, see the section on period (HUP) where up to 20 weeks are available.2 For an 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.

1 For detailed information on each of these programs, see CRS Report RL33362, 1 For detailed information on each of these programs, see CRS Report RL33362, Unemployment Insurance: Programs
and Benefits. Certain groups of workers may qualify for income support from additional unemployment insurance (UI) . Certain groups of workers may qualify for income support from additional unemployment insurance (UI)
programs, including T rade Adjustment Assistance (T AA), Reemployment Trade Adjustment Assistance (RT AA), and programs, including T rade Adjustment Assistance (T AA), Reemployment Trade Adjustment Assistance (RT AA), and
Disaster Unemployment Assistance (DUA). Workers who lose their jobs because of international competition may Disaster Unemployment Assistance (DUA). Workers who lose their jobs because of international competition may
qualify for income support through the T AA program or the RT AA (for certain workers aged 50 or older). Workers qualify for income support through the T AA program or the RT AA (for certain workers aged 50 or older). Workers
may be eligible to receive DUA benefits if they are not eligible may be eligible to receive DUA benefits if they are not eligible ~~for~~fo r regular Unemployment Compensation (UC) and regular Unemployment Compensation (UC) and
their unemployment may be directly attributed to a declared natural disaster . For more information on the T AA and their unemployment may be directly attributed to a declared natural disaster . For more information on the T AA and
RT AA programs, see CRS In Focus IF10570, RT AA programs, see CRS In Focus IF10570, Trade Adjustm ent Assistance for Workers (TAA). .
2 For the current Extended Benefit (EB) trigger notice, select “Extended Benefits T rigger Notice” at 2 For the current Extended Benefit (EB) trigger notice, select “Extended Benefits T rigger 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 CRS Report R42444, economic conditions from July 2008 to December 2013, see CRS Report R42444, Em ergency Unem ployment
Com pensation (EUC08): Status of Benefits Prior to Expiration . .
3 For more details on these states with less than 26 weeks of UC available, see CRS Report R41859, 3 For more details on these states with less than 26 weeks of UC available, see CRS Report R41859, Unemployment
Insurance: Consequences of Changes in State Unem ploym ent Com pensation Laws, Unemployment Insurance: , Unemployment Insurance:
Consequences of Changes in State Unemployment Compensation Laws. In addition, the maximum UC duration is 28 Consequences of Changes in State Unemployment Compensation Laws. In addition, the maximum UC duration is 28
weeks in Montana and 30 weeks (if local economic conditions are met) in Massachusetts. When EB benefits are weeks in Montana and 30 weeks (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 weeks (26 + 20). available in Montana, the total duration of UC and EB is capped at either 39 weeks (26 + 13) or 46 weeks (26 + 20).
When EB benefits are available in Massachusetts, the When EB benefits are available in Massachusetts, the ~~max imum~~maximum duration of UC benefits is capped at 26 weeks. duration of UC benefits is capped at 26 weeks.
4 5 U.S.C. §§8501-8508. 4 5 U.S.C. §§8501-8508.
5 5 U.S.C. §§8521-8525. For more information on the Unemployment Compensation for Ex -Servicemembers (UCX) 5 5 U.S.C. §§8521-8525. For more information on the Unemployment Compensation for Ex -Servicemembers (UCX)
program, see CRS Report RS22440, program, see CRS Report RS22440, Unem ploym ent Com pensation (Insurance) and Military Service. .
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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, and determination, the specifics regarding UC benefits are determined by each state. eligibility, and determination, the specifics regarding UC benefits are determined by each state.
This results in essential y 53 different programs.6 In general, UC eligibility is based on attaining This results in essential y 53 different programs.6 In general, UC eligibility is based on attaining
qualified wages and employment in covered work over a 12-month period (cal ed a base period) qualified wages and employment in covered work over a 12-month period (cal ed a base period)
prior to unemployment. Al states require a worker to have earned a certain amount of wages or to prior to unemployment. Al 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 eligible to receive have worked for a certain period of time (or both) within the base period to be eligible to receive
UC benefits. The methods states use to determine eligibility vary greatly. Most state benefit UC benefits. The methods states use to determine eligibility 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 individuals to have lost their jobs through maximum.7 In addition, each state’s UC law requires individuals 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
flexibility in determining its SUTA structure. In general, the more UC benefits paid out to its flexibility 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). Fund (UTF).

6 T he District of Columbia, Puerto Rico, and the Virgin Islands are considered to be states under UC law. 6 T he District of Columbia, Puerto Rico, and the Virgin Islands are considered to be states under UC law.
7 For details on UC eligibility and benefits, see CRS Report RL33362, 7 For details on UC eligibility and benefits, see CRS Report RL33362, Unemployment Insurance: Programs and
Benefits. .
8 In some cases a worker may be eligible for benefit based upon quitting a job for a “good cause” reason. In all states, 8 In some cases a worker may be eligible for benefit based upon quitting a job for a “good cause” reason. In all states,
individuals who leave their work voluntarily must meet the state’s good cause requirements if they are not to be individuals who leave their work voluntarily must meet the state’s good cause requirements if they are not to be
disqualified from receiving UC. In many states, good cause is explicitly restricted to reasons connected with the work, disqualified from receiving UC. In many states, good cause is explicitly restricted to reasons connected with the work,
attributable to the employer, or involving fault on the partattributable to the employer, or involving fault on the part ~~of the~~ of t he employer. (For those states, see T able 5. employer. (For those states, see T able 5.51 in U.S. in U.S.
Department of Labor (DOL), Department of Labor (DOL), ~~2017~~2020 Com parison of State Unem ployment Insurance Laws, available at , available at
https://https://~~workforcesecurity~~oui.doleta.gov/unemploy/pdf/uilawcompar/.doleta.gov/unemploy/pdf/uilawcompar/~~2017~~2020/nonmonetary.pdf.) /nonmonetary.pdf.)
9 23 U.S.C. §§3301-11. 9 23 U.S.C. §§3301-11.
10 T he Federal Unemployment Tax Act (FUT A) imposes a 6.0% gross tax rate on the first $7,000 paid annually by 10 T he Federal Unemployment Tax Act (FUT A) 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 FUT A tax are in CRS Report RS22954, unemployment tax rate 0.6%. Details on how delinquent loans affect the net FUT A tax are in CRS Report RS22954,
The Unem ploym ent Trust Fund (UTF): State Insolvency and Federal Loans to States, T he Unemployment T rust Fund , T he Unemployment T rust Fund
(UT F): State Insolvency and Federal Loans to States. (UT F): State Insolvency and Federal 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 within the state. As of ~~the date of this publication, EB is active in al the states except Idaho,~~
~~Nebraska, and South Dakota~~January 8, 2021, EB was active in 20 states plus the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.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 Al states must pay up to 13 weeks of EB if unemployment rate (TUR) reaches certain levels.12 Al 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. EB benefits are not “grandfathered” (phased out) when a state triggers “off” the program.13 When When a a
state triggers off of an EB period, al EB benefit payments in the state cease immediately, state triggers off of an EB period, al EB benefit payments in the state cease immediately,
regardless of individual entitlement. regardless of individual entitlement.1314

11 For the current EB trigger 11 For the current EB trigger ~~notice~~not ice, select “Extended Benefits T rigger Notice” at https://oui.doleta.gov/unemploy/, select “Extended Benefits T rigger Notice” at https://oui.doleta.gov/unemploy/
claims_arch.asp. claims_arch.asp.
12 T he total unemployment rate (T UR) is the three-month average of the ratio of unemployed workers to all workers 12 T he total unemployment rate (T UR) is the three-month average of the ratio of unemployed workers to all workers
(employed and unemployed) in the labor market. T he T UR is essentially a three-month average version of the (employed and unemployed) in the labor market. T he T UR is essentially a three-month average version of the
unemployment rate published by the Bureau of Labor Statistics (BLS) and based on data from the BLS’s monthly unemployment rate published by the Bureau of Labor Statistics (BLS) and based on data from the BLS’s monthly
Current Population Survey (CPS). T he insured unemployment rate (IUR) is the ratio of UC claimants divided by Current Population Survey (CPS). T he insured unemployment rate (IUR) is the ratio of UC claimants divided by
individuals in UC-covered jobs. In addition, the IUR uses a different base of workers in its calculations as compared individuals in UC-covered jobs. In addition, the IUR uses a different base of workers in its calculations as compared
with the T UR. T he IUR excludes several groups used in T UR calculations: selfwith the T UR. T he IUR excludes several groups used in T UR calculations: self -employed workers, unpaid family -employed workers, unpaid family
workers, workers in certain not -for-profit organizations, and several other, primarily seasonal, categories of workers. In workers, workers in certain not -for-profit organizations, and several other, primarily seasonal, categories of workers. In
addition to those unemployed workers whose last jobs were in the excluded employment category, the IUR excludes addition to those unemployed workers whose last jobs were in the excluded employment category, the IUR excludes
the following: those who have exhausted their UC benefits (even if they are receiving EB benefits); new entrants or the following: those who have exhausted their UC benefits (even if they are receiving EB benefits); new entrants or
reentrants to the labor force; disqualified workers whose unemployment is considered to have reentrants to the labor force; disqualified workers whose unemployment is considered to have ~~resulted~~result ed from their own from their own
actions rather than from economic conditions; and eligible unemployed persons who do not file for benefits. As a actions rather than from economic conditions; and eligible 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 T UR. result, the IUR in a state is often calculated to be much lower than its T UR.
13 13 T he Continued Assistance Act (P.L. 116-260 provided a temporary option for states that have triggered off an EB period to disregard the mandatory 13-week off period for weeks between November 1, 2020 , and December 31, 2021, if state law allows. 14 EB benefits on interstate claims are limited to two extra weeks unless 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) and the worker’s state of previous employment (e.g., Louisiana) are in an EB period. T exas) and the worker’s state of previous employment (e.g., Louisiana) are in an EB period.
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The EB benefit amount is equal to the eligible individual’s weekly regular UC benefits. Under The EB benefit amount is equal to the eligible individual’s weekly regular UC benefits. Under
permanent law, permanent law, ~~FUTA finances~~federal taxes (FUTA) finance half (50%) of the EB payments and 100% of EB half (50%) of the EB payments and 100% of EB ~~administrative~~
~~costs.14~~ administrative costs.15 States fund the other half (50%) of EB benefit costs through their SUTA. States fund the other half (50%) of EB benefit costs through their SUTA.1516
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 (FFCRA), temporarily ~~makes~~made EB 100% federal y financed (with the exception of “non-sharable” EB 100% federal y 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”).”).1617 The Continued Assistance Act (P.L. 116-127) subsequently extended the authority for this EB 100% federal financing through March 13, 2021, in most states (March 14, 2021 in New York).
Unemployment Insurance Benefits and
the Sequester
The sequester order required by the Budget Control Act of 2011 (BCA; P.L. 112-25) and The sequester order required by the Budget Control Act of 2011 (BCA; P.L. 112-25) and
implemented on March 1, 2013 (after being delayed by P.L. 112-240), affected some but not al implemented on March 1, 2013 (after being delayed by P.L. 112-240), affected some but not al
types of UI expenditures.types of UI expenditures.1718 Regular UC, UCX, and UCFE payments are not subject to the 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. reductions.1819
FY2019 Sequester of Unemployment Insurance Benefits
The FY2019 sequestration order required a 6.2% reduction in al nonexempt nondefense The FY2019 sequestration order required a 6.2% reduction in al nonexempt nondefense
mandatory expenditures, but no sequestration reductions were applicable to discretionary mandatory expenditures, but no sequestration reductions were applicable to discretionary
programs, projects, and activities.programs, projects, and activities.1920 As a result, EB expenditures were required to be reduced As a result, EB expenditures were required to be reduced

1415 T he T ax Relief, Unemployment Insurance T he T ax Relief, Unemployment Insurance ~~Reaut horization~~Reauthorization, and Job Creation Act of 2010, P.L. 111-312, as amended , 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 CRS Report (the final time by P.L. 112-240), made technical changes to certain triggers in the EB program. See CRS Report
R41859, R41859, Unem ploym ent Insurance: Consequences of Changes in State Unem ~~ploym~~plo ym ent Com pensation Laws. T he . T he
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.
1516 P.L. 111-5, the American Recovery and Reinvestment Act of 2009 (most recently amended by P.L. 112-240, the P.L. 111-5, the American Recovery and Reinvestment Act of 2009 (most recently amended by P.L. 112-240, the
American T axpayer Relief Act of 2012), temporarily changed the federal-state funding arrangement for the EB American T axpayer Relief Act of 2012), temporarily changed the federal-state funding arrangement for the EB
program. T he FUT A financed 100% of EB benefits from February 17, 2009, through December 31, 2013. T he one program. T he FUT A financed 100% of EB benefits from February 17, 2009, through December 31, 2013. T he one
exception to the 100% federal financing was for those “ non-sharable” EB benefits (work not subject to FUT A taxes exception to the 100% federal financing was for those “ non-sharable” EB benefits (work not subject to FUT A taxes
such as state and local government employment ). T hose non-sharable benefits continued to be 100% financed by the such as state and local government employment ). T hose non-sharable benefits continued to be 100% financed by the
former employers. former employers.
1617 As of June 11, 2020, according to DOL, all states have met the statistical criteria for receiving these FFCRA grants As of June 11, 2020, according to DOL, all states have met the statistical criteria for receiving these FFCRA grants
(see https://oui.doleta.gov/unemploy/pdf/IC3MOmarch.pdf). All states (see https://oui.doleta.gov/unemploy/pdf/IC3MOmarch.pdf). All states ~~have~~had requested requested their full allotment by September 30, 2020. 18~~their full allotment with the~~
~~exception of Puerto Rico, which had not requested the second allotment. Email from Employment and T raining~~
~~Administration analyst, June 11, 2020.~~
17 See CRS Report R42972, See CRS Report R42972, Sequestration as a Budget Enforcement Process: Frequently Asked Questions. .
1819 EUC08, when it was available (including any benefit payments delayed from prior fiscal years) is also subject to the EUC08, when it was available (including any benefit payments delayed from prior fiscal years) is also subject to the
sequester reductions. See CRS Report R43133, sequester reductions. See CRS Report R43133, The Im pact of Sequestration on Unem ployment 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 CRS Report R43993, specifically for sequestration in FY2013 and FY2014. Please see CRS Report R43993, Unem ployment Insurance:
Legislative Issues in the 114th Congress for additional information on the implications of for additional information on the implications of ~~the~~th e sequester order for sequester order for
FY2015 and FY2016. Please see CRS Report R44836, FY2015 and FY2016. Please see CRS Report R44836, Unem ployment 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 20 Office of Management and Budget (OMB), Office of Management and Budget (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. 6.2% (only on the federal share of EB benefits) for weeks of unemployment during FY2019.2021
However, EB was not activated in any state during FY2019, thus the sequestration order had no However, EB was not activated in any state during FY2019, thus the sequestration order had no
effect. effect.2122
FY2020 Sequester of Unemployment Insurance Benefits
The FY2020 sequestration order The FY2020 sequestration order ~~requires~~required a 5.9% reduction in al nonexempt nondefense a 5.9% reduction in al 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.projects, and activities.2223 As a result, the federal share of EB expenditures As a result, the federal share of EB expenditures iswas required required to be to be
reduced 5.9% for weeks of unemployment during FY2020.reduced 5.9% for weeks of unemployment during FY2020.2324 FFCRA (P.L. 116-127; signed FFCRA (P.L. 116-127; signed
March 18, 2020)March 18, 2020) temporarily temporarily ~~makes~~made EB benefits 100% federal y financed (with the exception of EB benefits 100% federal y financed (with the exception of
“non-sharable” compensation—e.g., state and local workers) from March 2020 until the end of “non-sharable” compensation—e.g., state and local workers) from March 2020 until the end of
December 2020 for states that December 2020 for states that ~~receive~~received both halves of the emergency administrative grants (for both halves of the emergency administrative grants (for
more details, see the section in this report on 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~~).25 As a result, the net sequester As a result, the net sequester
reduction to EB benefit payments for FY2020 reduction to EB benefit payments for FY2020 iswas 2.95% 2.95% ~~while~~when the temporary EB financing the temporary EB financing
provision under FFCRA provision under FFCRA iswas effective (the reduction to non-sharable EB benefits effective (the reduction to non-sharable EB benefits ~~remains~~remained at at
5.9%). 5.9%).2526
In addition, the temporary UI benefits created under the CARES Act (see the In addition, the temporary UI benefits created under the CARES Act (see the “P.L. 116-136, the
CARES Act” section, below) section, below) ~~are~~were not specifical y excluded from sequestration. However, the not specifical y 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.2627 Thus, the CARES Act UI benefits Thus, the CARES Act UI benefits ~~are~~were not subject to the 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 al nonexempt nondefense The FY2021 sequestration order requires a 5.7% reduction in al 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.2728 As a result, the federal share of EB expenditures are required to be As a result, the federal share of EB expenditures are required to be

20 21 For details, see U.S. Department of Labor (DOL), Employment and T raining Administration (ETA), 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.
2122 For the current EB trigger notice, select “Extended Benefits T rigger Notice” at https://oui.doleta.gov/unemploy/ For the current EB trigger notice, select “Extended Benefits T rigger Notice” at https://oui.doleta.gov/unemploy/
claims_arch.asp. claims_arch.asp.
2223 OMB, 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.
2324 For details, see DOL, ET A, Unemployment Insurance Program Letter (UIPL) No. 18-19, September 16, 2019, at 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. https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5955.
2425 As of June 11, 2020, according to DOLET A all states have met the criteria (see https://oui.doleta.gov/unemploy/pdf/ As of June 11, 2020, according to DOLET A all states have met the criteria (see https://oui.doleta.gov/unemploy/pdf/
IC3MOmarch.pdf. All states IC3MOmarch.pdf. All states ~~have~~had requested their full allotment by September 30, 2020. 26 ~~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 T raining 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 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 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). its own funds” (DOL UIPL No. 18-19, page 2).
2627 T he FY2020 Sequestration Order was issued by the President on March 18, 2019, available at T he FY2020 Sequestration Order was issued 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 CRS In Focus IF11332, the FY2020 mandatory sequester, see CRS In Focus IF11332, FY2020 Mandatory Sequester Reduces Medicare $15.3
Billion, Other Mandatory Spending $5.39 Billion . .
27 28 OMB, OMB, OMB Report to the Congress on the Joint Committee Reductions for Fiscal Year 2021 , February 10, 2020, at , February 10, 2020, at
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reduced 5.7% for weeks of unemployment during FY2021. reduced 5.7% for weeks of unemployment during FY2021.~~28 In the event that~~29 When EB is payable in EB is payable in
FY2021 and there is authority for the 100% federal financing of EB (with the exception of non-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),sharable compensation—e.g., state and local workers),2930 the net sequester reduction to EB benefit the net sequester reduction to EB benefit
payments for FY2021 payments for FY2021 ~~would be~~is 2.85% (the reduction to non-sharable EB benefits would remain 2.85% (the reduction to non-sharable EB benefits would remain
at at 5.7%).5.7%).3031
As in FY2020, although the temporary UI benefits created under the CARES Act As in FY2020, although the temporary UI benefits created under the CARES Act and subsequently extended under the Continued Assistance Act—including the new Mixed Earner Unemployment Compensation (MEUC) payment—are not are not
specifical y excluded from specifical y excluded from sequestration, OMB released the FY2021 mandatory sequester order sequestration, OMB released the FY2021 mandatory sequester order
prior to the enactment of the CARES Act.prior to the enactment of the CARES Act.3132 Thus, the Thus, the ~~CARES Act UI benefits~~temporary UI benefits created under the CARES Act and extended under the Continued Assistance Act are not subject to ~~are not subject to~~
the FY2021 mandatory sequester order.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 “excepted” from furlough ~~worked~~and were required to work without pay. without pay.3233
Furloughed federal employees may be eligible for UCFE benefits. Furloughed federal employees may be eligible for UCFE benefits.3334 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.34
35 Therefore, UCFE eligibility is determined under the laws of the state in which an individual’s Therefore, UCFE eligibility 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 general y treated by state law as laid off with an status because of a government shutdown are general y treated by state law as laid off with an
expectation of recal . Depending on state laws and regulations, the state may have an option to expectation of recal . 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 . not require federal employees to search for work given an expected recal .3536

~~https://www.whitehouse.gov/wp-content/uploads/2020/02/JC-sequestration_report_FY21_2-10-20.pdf.~~
2829 For details, see DOL, ET A, Unemployment Insurance Program Letter (UIPL) No. 18-19, September 16, 2019, at 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. https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5955.
2930 T he temporary federal financing of EB, as authorized under FFCRA (P.L. 116-127), T he temporary federal financing of EB, as authorized under FFCRA (P.L. 116-127), was extended by the Continued Assistance Act (P.L. 116-260 ) and is currently authorized for is currently authorized for
~~weeks~~ weeks of unemployment ending on or before of unemployment ending on or before ~~December 31, 2020~~March 14, 2021, which includes the first two quarters of FY2021. 31 For details, see DOL, ET A, Unemployment Insurance Letter (UIPL) No. 12 -21, January 19, 2021, at https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=9913. 32~~, 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 T he FY2021 Sequestration Order was issued by the President on February 10, 2020, available at 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/. https://www.whitehouse.gov/briefings-statements/sequestration-order-fiscal-year-2021/.
3233 See OMB guidance on the recent lapse in appropriations, available at https://www.whitehouse.gov/omb/information- See OMB guidance 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 “ Pay and Benefits for-agencies/agency-contingency-plans/. Also see the Office of Personnel Management guidance on “ Pay and Benefits
for Employees Affected by the Lapse in Appropriations” (CPM 2019 -06), January 27, 2019, available at for Employees Affected by the Lapse in Appropriations” (CPM 2019 -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.
3334 Unemployment Compensation for Federal Employees (UCFE) is authorized under 5 U.S.C. §§8501 -8508. For a Unemployment Compensation for Federal Employees (UCFE) is authorized under 5 U.S.C. §§8501 -8508. For a
short discussion of this issue, see CRS Insight IN11169, short discussion of this issue, see CRS Insight IN11169, Availability of Unem ploym ent Benefits for Affected Federal
Em ployees During a Governm ent Shutdown . .
3435 See 5 U.S.C. §8502(b). See 5 U.S.C. §8502(b).
3536 See OPM, “ Unemployment Insurance Questions and Answers for Federal Workers,” December 2018, available at See OPM, “ Unemployment Insurance Questions and Answers for Federal Workers,” December 2018, available at
https://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/unemployment -compensation-for-federal-https://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/unemployment -compensation-for-federal-
employees-fact -sheet -december-2018.pdf. employees-fact -sheet -december-2018.pdf.
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However, according to guidance from DOL, excepted federal employees who are performing 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 services (but working without pay) would general y be ineligible for UCFE benefits based on
states’ definitions of “unemployment.” states’ definitions of “unemployment.”3637
Private-sector workers who are furloughed or laid off due to the partial government shutdown 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 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 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. under the state laws in the state where they had worked.
Reflecting this climate, there has been congressional interest in assisting furloughed and excepted 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 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 ” there are proposals to provide new authority to pay UCFE benefits to excepted
federal employees who work without pay. federal employees who work without pay.
The most recent lapse in federal appropriations began December 22, 2018, and ended on January The most recent lapse in federal appropriations began December 22, 2018, and ended on January
25, 2019, with the enactment of H.J.Res. 28.25, 2019, with the enactment of H.J.Res. 28.3738 Because retroactive pay for furloughed and Because retroactive pay for furloughed and
excepted federal employees excepted federal employees ~~was authorized under S. 24,~~—beginning with any lapse in appropriation that begins on or after December 22, 2018—was permanently authorized under the Government Employee Fair the Government Employee Fair
Treatment Act of 2019 (Treatment Act of 2019 (S. 24, enacted January 16, 2019), UCFE payments made to federal employee 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 laws regarding overpayment recovery. According to the Office of Personnel Management’s Management’s
guidance on this issue:guidance on this issue:3839
The state UI agency will determine whether or not an overpayment exists and, generaly, The state UI agency will determine whether or not an overpayment exists and, generaly,
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
overpayment amount from the employee. The Federal and state agencies will need to overpayment amount from the employee. The Federal and state agencies will need 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.3940 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~~

3637 See DOL, ET A, UIPL 31-13, “ Impacts of the Federal Government Shutdown and Unemployment Compensation for See DOL, ET A, UIPL 31-13, “ Impacts of the Federal Government Shutdown and Unemployment Compensation for
Federal Employees and Federal Employees and ~~Stat e~~State Administrative Funding for State UI Programs,” Section A(3) of the Attachment 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, (“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 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/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 . docs/E-Blast_to_State_Unemployment_Insurance_Agencies_v3.pdf .
3738 H.J.Res. 28 (enacted January 25, 2019) is a continuing resolution (CR) that provided continuing FY2019 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.appropriations to several federal agencies through February 15, 2019.
38 39 OPM, “Pay and Benefits for Employees Affected by the Lapse in Appropriations” (CPM 2019 -06), January 27, OPM, “Pay and Benefits for Employees Affected by the Lapse in Appropriations” (CPM 2019 -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.
3940 Federal UC law does not restrict the states from using loan resources outside of the UT F. Depending on state law, Federal UC law does not restrict the states from using loan resources outside of the UT F. Depending on state law,
states may have other funding measures available and may be able to use funds from outside of the UT F to pay the states may have other funding measures available and may be able to use funds from outside of the UT F to pay the
benefits (such as issuing bonds). benefits (such as issuing bonds).
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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 may face interest charges, and states’ employers may face increased net FUTA rates until the
loans are repaid. loans are repaid.4041
As of As of ~~November 5, 2020, 21~~January 8, 2021, 19 jurisdictions jurisdictions ~~have~~had outstanding federal loans outstanding federal loans totaling $46.3 bil ion from the federal from the federal
accounts within the UTF: Californiaaccounts within the UTF: California ~~($15.3~~ ($18.0 bil ion) bil ion);, Colorado ($ Colorado ($~~521.7~~808.2 mil ion) mil ion); , Connecticut Connecticut
~~($402.3~~($526.0 mil ion) mil ion)~~; Delaware ($31.0 mil ion); Georgia ($694.5 mil ion); Hawai ($662.3 mil ion);~~
~~Il inois ($2.6 bil ion); Indiana ($71.5 mil ion); Kentucky ($473.9 mil ion); Louisiana ($108.8~~
~~mil ion); Massachusetts ($2.0 bil ion); Minnesota ($649.2 mil ion); New Jersey ($370.4 mil ion);~~
~~New Mexico ($128.9 mil ion); New York ($8.4 bil ion); Ohio ($1.1 bil ion); Pennsylvania~~
~~($617.6 mil ion); Texas ($5.3 bil ion); U.S. Virgin Islands ($79.8 mil ion); Virginia ($67.4~~
~~mil ion); and West Virginia ($114.2 mil ion).41 At~~ , Georgia ($7.0 mil ion), Hawai ($702.8 mil ion), Il inois ($3.4 bil ion), Kentucky ($505.7 mil ion), Louisiana ($133.5 mil ion), Massachusetts ($2.2 bil ion), Minnesota ($1.0 bil ion), Nevada ($90.7 mil ion), New Jersey ($782.4 mil ion), New Mexico ($206.2 mil ion), New York ($9.3 bil ion), Ohio ($1.4 bil ion), Pennsylvania ($894.4 mil ion), Texas ($6.1 bil ion), U.S. Virgin Islands ($85.0 mil ion), and West Virginia ($144.8 mil ion).42 At the end of 2019, 31 states had accrued enough the end of 2019, 31 states had accrued enough
funds in their accounts to meet or exceed the minimal yfunds in their accounts to meet or exceed the minimal y solvent standard of an average high cost solvent standard of an average high cost
~~multiple~~ multiple (AHCM) of 1.0 in order to be (AHCM) of 1.0 in order to be prepared for a recession.prepared for a recession.4243
Reemployment Services and Eligibility Assessments
Beginning in FY2015, DOL funded state efforts “addressing individual reemployment needs of Beginning 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 Eligibility Assessment (RESEA) program.Reemployment Services and Eligibility Assessment (RESEA) program.4344 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 eligibility rules, (2) determine if reemployment services are claimants are complying with the eligibility 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.4445 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 al ocated discretionary funding for based interventions for UI claimants under RESEA and al ocated 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

4041 Details on how states may borrow federal funds to pay for UC benefits are in CRS Report RS22954, 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. .
4142 U.S. Department of the T reasury, Bureau of Public Debt, U.S. Department of the T reasury, Bureau of Public Debt, Title XII Advance Activities Schedule, November 9, 2020, , November 9, 2020,
at http://www.treasurydirect.gov/govt/reports/tfmp/tfmp_advactivitiessched.htm. at http://www.treasurydirect.gov/govt/reports/tfmp/tfmp_advactivitiessched.htm.
4243 T he average high-cost multiple (AHCM) is the ratio of actual state Unemployment Trust Fund account balances 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 (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’ 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 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 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, 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/ February 2020, at https://oui.doleta.gov/unemploy/docs/
trustFundSolvReport2020.pdf. trustFundSolvReport2020.pdf.
4344 Since FY2005, DOL has provided some type of reemployment services through discretionary Since FY2005, DOL has provided some type of reemployment services through discretionary ~~appropriations~~appropriat ions. For . For
additional background, see CRS Report R43044, additional background, see CRS Report R43044, Expediting the Return to Work: Approaches in the ~~Un em~~Unem ploym ent
Com pensation Program ; and DOL, ET A, Unemployment Insurance Program Letter, UIPL 3-17, December 8, 2016, p. ; and DOL, ET A, Unemployment Insurance Program Letter, UIPL 3-17, December 8, 2016, p.
2, available at https://wdr.doleta.gov/directives/attach/UIPL/UIPL_03-17.pdf. 2, available at https://wdr.doleta.gov/directives/attach/UIPL/UIPL_03-17.pdf.
4445 T he law created a new Section 306 of the Social Security Act . Just over a month later, on March 23, 2018, the T he law created a new Section 306 of the Social Security Act . Just over a month later, on March 23, 2018, the
Consolidated Appropriations Act, FY2018 (P.L. 115-141), provided from the UT F $2.6 billion in state grants for Consolidated Appropriations Act, FY2018 (P.L. 115-141), provided from the UT F $2.6 billion in state grants for
administering state UI laws as authorized under title III of the Social Security Act (including not less than $120 million administering state UI laws as authorized under title III of the Social Security Act (including not less than $120 million
for RESEA and UC improper payment reviews, and to provide for RESEA and UC improper payment reviews, and to provide ~~r eemployment~~reemployment services and referrals to training, as services and referrals to training, as
appropriate) and provided that such activities would not be subject to the newlyappropriate) and provided that such activities would not 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).
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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 4, 2019, DOL published a proposed methodology to al ocate base RESEA On April 4, 2019, DOL published a proposed methodology to al ocate 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, 2019.4546
On August 8, 2019, DOL published a notice that summarizes and responds to the public 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 comments as wel as sets out the RESEA al ocation formula that wil be effective beginning in
FY2021. FY2021.4647
President’s Budget Proposal for FY2021
The President’s budget for FY2021 proposes changes to several aspects of the UI system.The President’s budget for FY2021 proposes changes to several aspects of the UI system.4748 It It
would create a new required standard for state account balances within the UTF and a new benefit 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 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 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 certain databases to confirm UC eligibility and requiring Social Security Disability Insurance
(SSDI) benefits offset UI benefits. (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 AHCM of at least 1.0 but are not required to do current law, states have incentives to maintain an AHCM 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 AHCM of less than 0.5 on January 1 FUTA rate on a state’s employers if that state maintained an AHCM 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.4849
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.4950 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

4546 DOL, ET A, “Allocating Grants to States for Reemployment Services and Eligibility Assessments (RESEA) and DOL, ET A, “Allocating Grants to States for Reemployment Services and Eligibility Assessments (RESEA) and
Determining Outcome Payments in Accordance With T itle III, Section 306 of the Social Security Act,Determining Outcome Payments in Accordance With T itle III, Section 306 of the Social Security Act, ” 84” 84 Federal
Register 13319-21, April 4, 2019, accessible at https://www.govinfo.gov/content/pkg/FR-2019-04-04/pdf/2019- 13319-21, April 4, 2019, accessible at https://www.govinfo.gov/content/pkg/FR-2019-04-04/pdf/2019-
06558.pdf. 06558.pdf.
4647 DOL, ET A, “Allocating Grants to States for Reemployment Services and Eligibility Assessments (RESEA) in 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) ,” 84Accordance With T itle III, Section 306 of the Social Security Act (SSA) ,” 84 Federal Register 139018-20, August 8, 139018-20, August 8,
2019, accessible at https://www.govinfo.gov/content/pkg/FR-2019-08-08/pdf/2019-16988.pdf.2019, accessible at https://www.govinfo.gov/content/pkg/FR-2019-08-08/pdf/2019-16988.pdf.
4748 T he President’s detailed budget proposal for UC in FY2021 is accessible at https://www.dol.gov/general/budget. T he 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 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. https://www.dol.gov/general/budget/index-2019 and https://www.dol.gov/general/budget/index-2020.
4849 Seven states did not meet this solvency measure at the end of 2019: California, New York, T exas, Illinois, Seven states did not meet this solvency measure at the end of 2019: California, New York, T exas, Illinois,
Massachusetts, Ohio, and the U.S. Virgin Islands. A total of 22 states did not qualify for interest -free short-term loans Massachusetts, Ohio, and the U.S. Virgin Islands. A total of 22 states did not qualify for interest -free short-term loans
for FY2020. See DOL, Office of Unemployment Insurance, Division of Fiscal for FY2020. See DOL, Office of Unemployment Insurance, Division of Fiscal ~~and~~a nd Actuarial Services, Actuarial Services, State
Unem ploym ent Insurance Trust Fund Solvency Report 2020 , Chart 1 and T able 1, pp. 59-60, February 2020, at , Chart 1 and T able 1, pp. 59-60, February 2020, at
https://oui.doleta.gov/unemploy/docs/trustFundSolvReport2020.pdf. https://oui.doleta.gov/unemploy/docs/trustFundSolvReport2020.pdf.
4950 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 CRS In Focus IF10643, program, see CRS In Focus IF10643, Unem ployment Com pensation (UC) and Fam ily Leave. .
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for the birth or adoption of the worker’s child. for the birth or adoption of the worker’s child.5051 States would have discretion to determine the States would have discretion to determine the
parameters of eligibility and financing for this new paid parental leave benefit. parameters of eligibility 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 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, individual’s eligibility for UC benefits: the State Information Data Exchange System (SIDES,
administered by Information Technology Support Center [ITSC] and DOL); the National administered by Information Technology Support Center [ITSC] and DOL); the National
Directory for New Hires (NDNH, administered by the Department of Health and Human 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 Services); and the Prisoner Update Processing System (PUPS, administered by the Social
Security Administration). Security Administration).5152
Additional Integrity Proposals
The proposal would create several additional integrity measures, including The proposal would create several additional integrity measures, including
 giving the Secretary of Labor the authority to implement new corrective action  giving the Secretary of Labor the authority to implement new corrective action
measures in response to poor state administrative performance within the measures in response to poor state administrative performance within the
program; program;
 al owing states to retain a percentage of UC overpayments for program integrity  al owing states to retain a percentage of UC overpayments for program integrity
use; use;
 requiring states to deposit al UC penalty and interest payments into a special  requiring states to deposit al 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 wel as providing reemployment services for UI claimants;administration as wel as providing reemployment services for UI claimants;5253
and and
 offsetting SSDI benefits to account for concurrent receipt of UI benefits.  offsetting SSDI benefits to account for concurrent receipt of UI benefits.5354
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 al ow states to conduct two types of drug testing. First, it 22, 2012) amended federal law to al ow 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 al owing states to drug test these applicants to determine UC benefit eligibility or by al owing states to drug test these applicants to determine UC benefit eligibility or

5051 It is not clear if this proposal creates any new entitlement to job-protected leave itself; rather, it appears to create a It is not clear if this proposal creates any new entitlement to job-protected leave itself; rather, it appears to create a
new new ~~ent itlement~~entitlement to income replacement while an individual is taking parent al leave. For information on states that to income replacement while an individual is taking parent al leave. For information on states that
currently operate state paid family leave insurance programs, including California, Rhode Island, New Jersey, and New currently operate state paid family leave insurance programs, including California, Rhode Island, New Jersey, and New
York as well as states that have enacted paid family leave insurance programs, but which are not yet fully York as well as states that have enacted paid family leave insurance programs, but which are not yet fully ~~implemented~~implement ed
and not paying benefits (e.g., the District of Columbia, Massachusetts, and Washington State), see CRS Report and not paying benefits (e.g., the District of Columbia, Massachusetts, and Washington State), see CRS Report
R44835, R44835, Paid Fam ily and Medical Leave in the United States. .
5152 States currently have the federal authority to use these data sources, but their use is not mandatory. States currently have the federal authority to use these data sources, but their use is not mandatory.
5253 In addition, under this proposal, states with high improper payment rates would be required to In addition, under this proposal, states with high improper payment rates would be required to spend a portion of the 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.
53 54 For general background on the issue of concurrent receipt of SSDI and UI, see CRS Report R43471, For general background on the issue of concurrent receipt of SSDI and UI, see CRS Report R43471, Concurrent
Receipt of Social Security Disability Insurance (SSDI) and Unem ployment Insurance (UI) : Background and Legislative
Proposals. .
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disqualification. Second, it al owed states to drug test UC applicants for whom suitable work (as disqualification. Second, it al owed states to drug test UC applicants for whom suitable work (as
defined under state law) is available only in an occupation that regularly conducts drug testing, to defined under state law) is available 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 620,5455 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 suitable work (as defined under state law) is available only in an occupation that regularly
conducts drug testing. conducts drug testing.
Amid stakeholders’ concerns about the 2016 DOL rule, Congress repealed this UC 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.rule using the Congressional Review Act (CRA) via H.J.Res. 42/P.L. 115-17.5556 On November 5, On November 5,
2018, DOL published a Notice of Proposed Rulemaking (NPRM) to reissue the rule identifying 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.occupations that regularly conduct drug testing for purposes of Section 2105 of P.L. 112-96.5657 The The
CRA prohibits an agency from reissuing the rule in “substantial y the same form” or issuing a 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 “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 is specifical y 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 rule.” Notably, this is the first time an agency has proposed to reissue a rule after the
original version was disapproved under the CRA. original version was disapproved under the CRA.5758
According to the 2018 NPRM, DOL has addressed the reissue requirements of the CRA by 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 proposing a substantial y different and more flexible approach to the statutory requirements than
the 2016 Rule, enablingthe 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 flexibility is intended to respect the diversity UC applicants than the previous rule permitted. This flexibility 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.5859
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, 2019.5960 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.6061 The final rule was issued on October The final rule was issued on October
4, 2019. 4, 2019.6162

5455 See “Federal-State Unemployment Compensation Program; Middle Class T ax Relief and Job Creation Act of 2012 See “Federal-State Unemployment Compensation Program; Middle Class T ax Relief and Job Creation Act of 2012
Provision on Establishing Appropriate Occupations for Drug T esting of Unemployment Compensation Provision on Establishing Appropriate Occupations for Drug T esting of Unemployment Compensation ~~Applicants~~Applicant s,” 81 ,” 81
Federal Register 50298-50302, August 1, 2016, at https://www.govinfo.gov/content/pkg/FR-2016-08-01/pdf/2016- 50298-50302, August 1, 2016, at https://www.govinfo.gov/content/pkg/FR-2016-08-01/pdf/2016-
17738.pdf. 17738.pdf.
5556 For examples of these stakeholder concerns, see CRS Report R45889, 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, . For information on the Congressional Review Act, see CRS Report R43992, The
Congressional Review Act (CRA): Frequently Asked Questions. .
5657 DOL, ET A, “Federal-State Unemployment Compensation Program; Establishing Appropriate Occupations for Drug 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 T esting of Unemployment Compensation Applicants Under the Middle Class T ax Relief and Job Creation Act of
2012,” 832012,” 83 Federal Register 55311-55318, November 5, 2018, at https://www.federalregister.gov/documents/2018/11/ 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. 05/2018-23952/federal-state-unemployment-compensation-program-establishing-appropriate-occupations-for-drug.
5758 For more information on potential implications for this reissued rule stemming from the disapproval of the 2016 rule 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, under the CRA, see CRS Insight IN10996, Reissued Labor Departm ent Rule Tests Congressional Review Act Ban on
Promulgating “Substantially the Same” Rules. .
5859 See DOL, “Federal-State Unemployment Compensation Program,” pp. 55312-55313. See DOL, “Federal-State Unemployment Compensation Program,” pp. 55312-55313.
5960 T he 211 comments received on this rule are available at https://www.regulations.gov/docket?D=ET A-2018-0004. T he 211 comments received on this rule are available at https://www.regulations.gov/docket?D=ET A-2018-0004.
6061 OMB, Office of Information and Regulatory Affairs, Reginfo.gov, “ OIRA Conclusion of EO 12866 Regulatory 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. Review,” at https://www.reginfo.gov/public/do/eoDetails?rrid=129401.
6162 Employment and T raining Administration, Department of Labor, “Federal-State Unemployment Compensation Employment and T raining Administration, Department of Labor, “Federal-State Unemployment Compensation
Program; Establishing Appropriate Occupations for Drug T esting of Unemployment Program; Establishing Appropriate Occupations for Drug T esting of Unemployment ~~Compensation~~Compensatio n Applicants Under Applicants Under
the Middle Class T ax Relief and Job Creation Act of 2012 ,” 84the Middle Class T ax Relief and Job Creation Act of 2012 ,” 84 Federal Register 53037-52, October 4, 53037-52, October 4,
2019, https://www.govinfo.gov/content/pkg/FR-2019-10-04/pdf/2019-21227.pdf. 2019, https://www.govinfo.gov/content/pkg/FR-2019-10-04/pdf/2019-21227.pdf.
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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 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. Coronavirus Response Act (FFCRA). The UI provisions are found in Division D of P.L. 116-127.
Division D general yDivision D general y ~~gives~~ gave states more flexibility states more flexibility to address COVID-19 through expanded benefit to address COVID-19 through expanded benefit
eligibility as wel as additional administrative funding. DOLeligibility as wel as additional administrative funding. DOL ~~has~~ published guidance for states on published guidance for states on
how to implement the Families First Coronavirus Response act in its Unemployment Insurance 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/ Program Letter No. 13-20, March 22, 2020, available at https://wdr.doleta.gov/directives/
corr_doc.cfm?DOCN=8634. corr_doc.cfm?DOCN=8634.
Administrative Grants to States
Section 4102(a) of FFCRA Section 4102(a) of FFCRA ~~provides~~provided up to a total of $1 bil ion in up to a total of $1 bil ion in “emergency administrative “emergency administrative
grants” to states in calendar year 2020.grants” to states in calendar year 2020.6263 Half of each state’s share Half of each state’s share iswas available if the state available if the state ~~meets~~met
certain requirements related to UC eligibility notifications and claims access. The second half of certain requirements related to UC eligibility notifications and claims access. The second half of
each state’s share each state’s share iswas available if it qualified for the first half and if the state available if it qualified for the first half and if the state ~~experiences~~experienced at least at least a a
10% increase in UC claims over the previous calendar year and 10% increase in UC claims over the previous calendar year and ~~meets~~met certain other requirements certain other requirements
related to easing UC eligibility requirements for individuals affected by COVID-19. Additional y, related to easing UC eligibility requirements for individuals affected by COVID-19. Additional y,
there there ~~are~~were reporting requirements to DOL and committees of jurisdiction within one year for reporting requirements to DOL and committees of jurisdiction within one year for ~~states~~
states that receive these grants.that receive these grants.63
~~Waives~~64 Waiver of Certain UI Requirements for Benefits
Section 4102(b) of FFCRA Section 4102(b) of FFCRA ~~waives~~waived any federal UI requirements (i.e., under Section 303 of the 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,6465 quits for good cause, quits for good cause,6566 and employer tax assessments for state and employer tax assessments for state

~~62 DOL has~~63 DOL published the state shares of these emergency administrative grants in UIPL No. 13-20, “ published the state shares of these emergency administrative grants in UIPL No. 13-20, “ Families First Families First
Coronavirus Response Act, Division D Emergency Unemployment Insurance Stabilization and Access Act of 2020 ,” 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 March 22, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8634. The maximum payment allowable for a
state state is was calculated using the methods also used in Reed Act distributions. T hat is, funds calculated using the methods also used in Reed Act distributions. T hat is, funds ~~would be~~ were distributed to the state distributed to the state
Unemployment T rust Fund (UT F) accounts based on the state’s share of estimated federal unemployment taxes Unemployment T rust Fund (UT F) 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 (excluding reduced credit payments) made by the state’s employers. For background on Reed Act distributions, see
CRS Report RS22006, CRS Report RS22006, The Unem ploym ent Trust Fund and Reed Act Distributions. .
6364 As of June 11, 2020, according to DOL, all states As of June 11, 2020, according to DOL, all states ~~have~~had met the criteria for receiving these FFCRA grants (see met the criteria for receiving these FFCRA grants (see
https://oui.doleta.gov/unemploy/pdf/IC3MOmarch.pdf). All states https://oui.doleta.gov/unemploy/pdf/IC3MOmarch.pdf). All states ~~have~~had requested requested their full allotment by September 30, 2020. 65~~their full allotment with the~~
~~exception of Puerto Rico, which had not requested the second allotment. Email from Employment and T raining~~
~~Administration analyst, June 11, 2020.~~
64 Many states require that an individual, who is otherwise eligible for UI benefits, serve a waiting Many states require that an individual, who is otherwise eligible for UI benefits, serve a waiting ~~perio d~~period (one week) (one week)
before benefits are payable. Some states currently also waive this waiting week requirement under certain situations, before benefits are payable. Some states currently also waive this waiting week requirement under certain situations,
such as a disaster or emergency declaration. For additional details, see T able 3 -7 (“ State Initial Waiting Periods”) in such as a disaster or emergency declaration. For additional details, see T able 3 -7 (“ State Initial Waiting Periods”) in
“Chapter 3: Monetary Eligibility,” of DOL’s “Chapter 3: Monetary Eligibility,” of DOL’s ~~2019~~2020 Comparison of State Unemployment Insurance Laws, available at , available at
https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/~~2019~~2020/monetary.pdf. /monetary.pdf.
6566 Individuals generally are required to have lost a job through no fault of their own to be eligible for UC benefits, but Individuals generally are required to have lost a job through no fault of their own to be eligible for UC benefits, but
states also define “good cause” voluntary quits that do not make UC claimants ineligible for benefits.states also define “good cause” voluntary quits that do not make UC claimants ineligible for benefits. ~~For additional~~
For additional details, see beginning on page 1 of “ Chapter 5: Nonmonetary Eligibility,” of DOL’s 2020 Com parison of State Congressional Research Service Congressional Research Service

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programs if a state modifies its UC laws “on an emergency temporary basis as needed to respond programs if a state modifies its UC laws “on an emergency temporary basis as needed to respond
to the spread of COVID-19.” to the spread of COVID-19.”66
~~Waives~~67 Waiver of Interest Payments Due and Accrual of Interest on UTF Loans
Section 4103 of FFCRA temporarily Section 4103 of FFCRA temporarily ~~waives~~waived interest payments and the accrual of interest on interest payments and the accrual of interest on
federal advances (loans) to states to pay UC benefits through December 2020.federal advances (loans) to states to pay UC benefits through December 2020.6768 But it But it ~~would~~did not not
reduce any underlying loan principal. reduce any underlying loan principal.6869
Short-Time Compensation Assistance
Section 4104 of FFCRA Section 4104 of FFCRA ~~requires~~required DOL to provide assistance to states in establishing, DOL to provide assistance to states in establishing,
implementing, and improving Short-Time Compensation (work sharing) programs. implementing, and improving Short-Time Compensation (work sharing) programs.6970
Temporary 100% Federal Financing of EB for States Qualify for Full Division
D Administrative Grants
~~Final y,~~ Section 4105 of FFCRA temporarily Section 4105 of FFCRA temporarily ~~makes~~made Extended Benefits (EB) 100% federal y Extended Benefits (EB) 100% federal y
financed (with financed (with the exception of “non-sharable” compensation—e.g., state and local workers) from 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 enactment until the end of December 2020, but only for states that ~~receive~~received both halves of the both halves of the
emergency administrative grants.emergency administrative grants.7071 Because P.L. 116-127 also temporarily Because P.L. 116-127 also temporarily ~~removes~~removed the current 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 regular UC programs through December 2020, the first week of EB iswas “sharable” (50% “sharable” (50%
federal/50% state federal/50% state under permanent law; or 100% under the conditions of this provision). 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 Economic Security (CARES) Act. Title II, Subtitle A of the CARES Act ~~provides~~provided several 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, additional weeks of benefits, and several other UI amounts, expanded benefit eligibility, additional weeks of benefits, and several other UI
provisions. provisions.

~~details, see beginning on p. 2 of “ Chapter 5: Nonmonetary Eligibility,” of DOL’s~~ ~~2019 Com parison of State~~
DOL released numerous Unemployment Insurance Program Letters (UIPLs) to provide guidance to states regarding the administration of the UI provisions in the CARES Act. These DOL UIPLs Unem ploym ent Insurance Laws, available at https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/, available at https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/~~2019~~2020//
nonmonetary.pdf. nonmonetary.pdf.
6667 One of the more restrictive federal UI requirements in the context of this COVID-19 outbreak is the requirement 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 “under Section 303(a) of the Social Security Act that the unemployed must be “ able to work, available to work, and 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 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 waives the work search aspect of this requirement, it does not waive the “ able and available” aspect of this requirement. waive the “ able and available” aspect of this requirement.
6768 For background on these federal loans to states, see CRS Report RS22954, For background on these federal loans to states, see CRS Report RS22954, The Unemployment Trust Fund (UTF):
State Insolvency and Federal Loans to States. .
6869 T his provision is similar to what was enacted for 2009 and 2010 under Section 2004 of the American Recovery and 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, 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 . .
69 70 For background on ST C programs, see CRS Report R40689, For background on ST C programs, see CRS Report R40689, Compensated Work Sharing Arrangements (Short-Time
Com pensation) as an Alternative to Layoffs. .
7071 As of June 11, 2020, according to DOLET A, all states As of June 11, 2020, according to DOLET A, all states ~~have~~had met the criteria (see https://oui.doleta.gov/unemploy/pdf/ met the criteria (see https://oui.doleta.gov/unemploy/pdf/
IC3MOmarch.pdf. All states IC3MOmarch.pdf. All states ~~have~~had requested their full allotment requested their full allotment ~~with the exception of Puerto Rico , which had met the~~
~~criteria but had not requested the second allotment~~by September 30, 2020. Email from Employment and T raining Administration analyst, . Email from Employment and T raining Administration analyst, ~~June~~
~~11, 2020~~January 15, 2021. .
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~~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~~
~~in the CARES Act. These DOL UIPLs~~ are available,are available, along with additionalalong with additional COVID-19-related COVID-19-related
information, at https://oui.doleta.gov/information, at https://oui.doleta.gov/ unemploy/coronavirus/. unemploy/coronavirus/.
Below are summary details of Sections 2102 through 2115 of the CARES Act (i.e., the UI Below are summary details of Sections 2102 through 2115 of the CARES Act (i.e., the UI
provisions). provisions).
Temporary, Additional $600 Weekly Federal Compensation (FPUC; ~~now~~
~~expired)71~~Originally Expired July 25, 2020)72
Section 2104 of the CARES Act created a temporary, additional, federal y financed $600 benefit Section 2104 of the CARES Act created a temporary, additional, federal y financed $600 benefit
that augmented weekly UI benefits, including UC, Pandemic Unemployment Assistance (PUA, that augmented weekly UI benefits, including UC, Pandemic Unemployment Assistance (PUA,
see description below), Pandemic Emergency Unemployment Compensation (PEUC, see see description below), Pandemic Emergency Unemployment Compensation (PEUC, see
description below), EB, DUA, STC, Trade Readjustment Al owance (TRA), and Self description below), EB, DUA, STC, Trade Readjustment Al owance (TRA), and Self
Employment Assistance (SEA).Employment Assistance (SEA).7273 This FPUC was payable for weeks of unemployment beginning This FPUC was payable for weeks of unemployment beginning
after a state signed an agreement through weeks ending on or before July 31, 2020.after a state signed an agreement through weeks ending on or before July 31, 2020.7374 For most For most
states, this meant that FPUC payments states, this meant that FPUC payments under the CARES Act ended on July 25, 2020.ended on July 25, 2020.7475
FPUC income FPUC income ~~must~~was required to be disregarded for the purposes of Medicaid and the Children’s Health be disregarded for the purposes of Medicaid and the Children’s Health
Insurance Program (CHIP). (During the period that this payment was authorizedInsurance Program (CHIP). (During the period that this payment was authorized under the CARES Act, states were , states were
prohibited from reducing UC benefit amount or duration.) prohibited from reducing UC benefit amount or duration.)
Temporary, Pandemic Unemployment Assistance (PUA) for Unemployed
Persons Not Covered by Regular UC ~~Program75~~Program76
Section 2102 of the CARES Act Section 2102 of the CARES Act ~~creates~~created a temporary, federal UI program for individuals not a temporary, federal UI program for individuals not
otherwise eligible for UI benefits (e.g., self-employed, independent contractors, gig economy otherwise eligible 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 al other UI benefits. Assistance (PUA). PUA benefits are to be administered by states, like al other UI benefits.
PUA provides up to 39 weeks of federal y financed UI benefits to unemployed workers who (1) PUA provides up to 39 weeks of federal y financed UI benefits to unemployed workers who (1)
are ineligible for any other state or federal UI benefit; (2) meet conditions related to being are ineligible for any other state or federal UI benefit; (2) meet conditions related to being
unemployed, partial y 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
7172 For relevant DOL guidance, see DOL, ET A, UIPL No. 15 -20, “Coronavirus Aid, Relief, and Economic Security 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 (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. Reporting Instructions,” April 5, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=9297.
7273 For information on T RA, see CRS Report R44153, 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, . For information on SEA, see CRS Report R41253, The Self-Em ploym ent Assistance
(SEA) Program . .
7374 A number of state laws have provisions for extending the potential duration of benefits during periods of high 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 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 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 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 payments. T he order of payment for AB within the context of the multiple programs described above is dependent on
state law. state law.
7475 T he only exception—FPUC payments ended on July 26, 2020, in New York. T he only exception—FPUC payments ended on July 26, 2020, in New York.
7576 For relevant DOL guidance, see DOL, ET A, UIPL No. 16 -20, “Coronavirus Aid, Relief, and Economic Security 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 (CARES) 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, and Economic Security (CARES) Act of 2020 – Pandemic Unemployment Change 1, “Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 – Pandemic Unemployment
Assistance (PUA) Program Reporting Instructions and Questions and Answers,” April 27, 2020, https://wdr.doleta.gov/Assistance (PUA) Program Reporting Instructions and Questions and Answers,” April 27, 2020, https://wdr.doleta.gov/
directives/corr_doc.cfm?DOCN=5899. directives/corr_doc.cfm?DOCN=5899.
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~~unemployed, partial y 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~~
UIPL, the total weekly entitlement PUA is general y limited to 39 weeks, offset by any UIPL, the total weekly entitlement PUA is general y limited to 39 weeks, offset by any ~~w eeks~~weeks that that
the individual received benefits from regular UC and EB. Under this guidance, the weeks for 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 which an individual collected PEUC would not be deducted from the individual’s PUA
entitlement. entitlement.7677
PUA PUA is available in al states and U.S. territories, subject to agreements with DOL. is available in al states and U.S. territories, subject to agreements with DOL. ~~PUA pays~~
Under the CARES Act, PUA was authorized to pay benefits, including retroactively, for weeks of unemployment, partial unemployment, or inability benefits, including retroactively, for weeks of unemployment, partial unemployment, or inability
to work beginning on or after January 27, to work beginning on or after January 27, 2020, and ending on or before December 31, 2020 2020, and ending on or before December 31, 2020
(hereinafter, through December 2020).(hereinafter, through December 2020).
The PUA benefit amount is identical to the weekly benefit amount (WBA) as calculated under 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 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).the state’s average weekly UC benefit amount).7778 In territories without UC programs, the PUA In territories without UC programs, the PUA
benefit benefit ~~would be~~amount is determined by DUA regulations. determined by DUA regulations.7879
Al PUA Al PUA benefits, like other UI benefits, benefits, like other UI benefits, ~~are~~were temporarily augmented by an additional temporarily augmented by an additional, federal federal
payment of $600 beginning after the date on which the state enters into an agreement with DOL payment of $600 beginning after the date on which the state enters into an agreement with DOL
to pay FPUC through July 2020 to pay FPUC through July 2020. under the CARES Act. (FPUC was subsequently reauthorized at $300 a week for weeks of unemployment beginning on or after December 27, 2021, through weeks of unemployment ending on or before March 14, 2021, under the Continued Assistance Act [P.L. 116-260].)
Temporary, 13-Week Extended Pandemic Emergency Unemployment
Compensation (PEUC)7980
Section 2107 of the law Section 2107 of the law ~~creates~~created PEUC, which authorizes up to 13 additional weeks of federal y 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, 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. available, and actively seeking work, subject to COVID-19-related flexibilities.
~~PEUC is~~Under the CARES Act, PEUC was authorized through the end of December 2020. The PEUC authorized through the end of December 2020. The PEUC benefit amount is required to benefit amount is required to
be the WBAbe the WBA as calculated under state law. Al PEUC benefits as calculated under state law. Al PEUC benefits ~~are~~ were temporarily increased by $600 a temporarily increased by $600 a
week by FPUC through July 31, 2020week by FPUC through July 31, 2020 under the CARES Act. . For most states, this means FPUC payments end on July For most states, this means FPUC payments end on July
~~25, 2020. (During the period that PEUC is authorized, states would be prohibited from reducing~~
~~UC benefit amount or duration.)~~
~~Coordination of UI Benefits~~
~~Individuals may be eligible for benefits under multiple UI programs, including programs~~
~~authorized in the CARES Act. Below, Figure 1 provides the statutory order of the flow of UI~~
~~benefits. This flow is contingent on the individual meeting al eligibility criteria for the respective~~

7625, 2020. (FPUC was subsequently reauthorized at $300 a week for weeks of unemployment beginning on or after December 27, 2021, through weeks of unemployment ending on or before March 14, 2021, under the Continued Assistance Act. During the period that PEUC is authorized, states would be prohibited from reducing UC benefit amount or duration.) 77 See Section 4(b)(i)(d) of DOL, ET A UIPL No. 14-20, “Coronavirus Aid, Relief, and Economic Security (CARES) 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) Provisions and Guidance Regarding T emporary Act of 2020 – Summary of Key Unemployment Insurance (UI) Provisions and Guidance Regarding T emporary
Emergency State Staffing Flexibility,” April 2, 2020, p. 7, https://wdr.doleta.gov/directives/attach/UIPL/UIPL_14-Emergency State Staffing Flexibility,” April 2, 2020, p. 7, https://wdr.doleta.gov/directives/attach/UIPL/UIPL_14-
20.pdf. 20.pdf.
7778 For minimum DUA benefits, see DOL, ET A, UIPL, No. 11 -20, “Minimum Disaster Unemployment Assistance 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/(DUA) Weekly Benefit Amount: April 1 - June 30, 2020,” March 19, 2020, https://wdr.doleta.gov/directives/
corr_doc.cfm?DOCN=8052. corr_doc.cfm?DOCN=8052.
7879 For background on DUA, see CRS Report RS22022, For background on DUA, see CRS Report RS22022, Disaster Unemployment Assistance (DUA). .
7980 For relevant DOL guidance, see DOL, ET A, UIPL No. 17 -20, “Coronavirus Aid, Relief, and Economic Security For relevant DOL guidance, see DOL, ET A, UIPL No. 17 -20, “Coronavirus Aid, Relief, and Economic Security
(CARES) Act of 2020-Pandemic Emergency Unemployment Compensation (PEUC) Program Operating, Financial, (CARES) 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, “ Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 -Pandemic Emergency No. 17-20, Change 1, “ Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 -Pandemic Emergency
Unemployment Compensation (PEUC) Program: Questions and Answers, and Revised Reporting Instructions for the Unemployment Compensation (PEUC) Program: Questions and Answers, and Revised Reporting Instructions for the
PEUC ET A 227,” May 13, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8689. PEUC ET A 227,” May 13, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8689.
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link to page 22 Coordination of UI Benefits During a period of unemployment, individuals may have been eligible for benefits under multiple UI programs, including programs authorized in the CARES Act. Below, Figure 1 provides the statutory order of the flow of UI benefits from March 28, 2020, through December 26, 2020. This flow was contingent on the individual meeting al eligibility criteria for the respective programs. It was~~programs. It is~~ also contingent on the state having an agreement with DOL to administer the also contingent on the state having an agreement with DOL to administer the
programs ~~programs~~ authorized under the CARES Act. authorized under the CARES Act.
Figure 1. Previous Coordination of the Flow of UI Benefits Under the CARES Act

(March 28, 2020 through December 26, 2020)
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 This flow iswas contingent on the individual meeting contingent on the individual meeting al eligibility criteria for the respectiveal eligibility criteria for the respective programs. It programs. It is
was also contingent on the state having an agreement with DOL to administer the programsalso contingent on the state having an agreement with DOL to administer the programs authorized under the authorized under the
~~CARES Act.~~
CARES Act. Congressional Research Service 16 Other UI Provisions
 Section 2103  Section 2103 ~~provides~~provided, through December 2020, 50% federal funding of regular , 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, federal y recognized Indian tribes, and nonprofit local governments, federal y 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 UC benefits paid to their former employees. This provision ~~provides financial~~
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16

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

provided financial relief to these reimbursing employers. It also al relief to these reimbursing employers. It also al ~~ows~~owed 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.8081
 Section 2105  Section 2105 ~~provides~~provided 100% federal financing through the end of December 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).8182
 Section 2106 temporarily  Section 2106 temporarily ~~waives~~waived federal requirements regarding merit staffing 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 December 31, 2020. This waiver iswas limited to certain temporary actions taken by 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.8283
 Sections 2108-2111  Sections 2108-2111 ~~authorizes~~authorized 100% federal financing of Short-Time 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 federal financing for states that set up STC. It also ~~authorizes~~authorized $100 mil ion in $100 mil ion in
federal grants to support STC. DOL federal grants to support STC. DOL ~~would be~~was required to provide STC technical required to provide STC technical
assistance.assistance.8384
 Sections 2112-2114  Sections 2112-2114 ~~provide~~provided $50 mil ion to waive the seven-day waiting period $50 mil ion to waive the seven-day waiting period
for Railroad Unemployment Insurance (RRUI) benefits. for Railroad Unemployment Insurance (RRUI) benefits.8485 They also They also ~~authorize~~authorized a a
comparable FPUC ($1,200 for RRUI biweekly benefitscomparable FPUC ($1,200 for RRUI biweekly benefits~~; so~~, equivalent to $600 per week) for $600 per week) for
RRUI through July 2020.RRUI through July 2020.~~85 Final y, they provide~~86 They provided an additional an additional ~~13 weeks of~~
~~federal y financed RRUI benefits through the end of December 2020, comparable~~
~~to PEUC.86~~
13 weeks of
8081 For relevant DOL guidance, see DOL, ET A, UIPL No. 18 -20, “Coronavirus Aid, Relief, and Economic Security For relevant DOL guidance, see DOL, ET A, UIPL No. 18 -20, “Coronavirus Aid, Relief, and Economic Security
(CARES) Act of 2020 – Emergency Unemployment Relief for State and Local Governmental Entities, Certain (CARES) Act of 2020 – Emergency Unemployment Relief for State and Local Governmental Entities, Certain
Nonprofit Organizations, and Federally-Recognized Indian T ribes,” April 27, 2020, https://wdr.doleta.gov/directives/Nonprofit Organizations, and Federally-Recognized Indian T ribes,” April 27, 2020, https://wdr.doleta.gov/directives/
corr_doc.cfm?DOCN=5893. corr_doc.cfm?DOCN=5893.
8182 For relevant DOL guidance, see DOL, ET A, UIPL No. 20 -20, “Coronavirus Aid, Relief, and Economic Security For relevant DOL guidance, see DOL, ET A, UIPL No. 20 -20, “Coronavirus Aid, Relief, and Economic Security
(CARES) Act of 2020 - Operating, Financial, and Reporting Instructions for Section 2105: T emporary Full Federal (CARES) Act of 2020 - Operating, Financial, and Reporting Instructions for Section 2105: T emporary Full Federal
Funding of the First Week of Compensable Regular Unemployment for States with No Waiting Week,” April 30, 2020, Funding of the First Week of Compensable Regular 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.
82 83 For relevant DOL guidance, see DOL, ET A, UIPL No. 14 -20, “Coronavirus Aid, Relief, and Economic Security For relevant DOL guidance, see DOL, ET A, UIPL No. 14 -20, “Coronavirus Aid, Relief, and Economic Security
(CARES) Act of 2020 – Summary of Key Unemployment Insurance (UI) Provisions and Guidance Regarding (CARES) Act of 2020 – Summary of Key Unemployment Insurance (UI) Provisions and Guidance Regarding
T emporary Emergency State Staffing Flexibility,” April 2, 2020, https://wdr.doleta.gov/directives/attach/UIPL/T emporary Emergency State Staffing Flexibility,” April 2, 2020, https://wdr.doleta.gov/directives/attach/UIPL/
UIPL_14-20.pdf. UIPL_14-20.pdf.
8384 For relevant DOL guidance, see DOL, ET A, UIPL No. 21 -20, “Coronavirus Aid, Relief, and Economic Security For relevant DOL guidance, see DOL, ET A, UIPL No. 21 -20, “Coronavirus Aid, Relief, and Economic Security
(CARES) Act of 2020 - Short -T ime Compensation (ST C) Program Provisions and Guidance Regarding 100 Percent (CARES) Act of 2020 - Short -T ime Compensation (ST C) Program Provisions and Guidance Regarding 100 Percent
Federal Reimbursement of Certain State ST C Payments,” May 3, 2020, https://wdr.doleta.gov/directives/attach/UIPL/Federal Reimbursement of Certain State ST C Payments,” May 3, 2020, https://wdr.doleta.gov/directives/attach/UIPL/
UIPL_21-20.pdf; and UIPL No. 22-20, “ Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 – UIPL_21-20.pdf; and UIPL No. 22-20, “ Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 –
Short -T ime Compensation (ST C) Program Grants,” May 10, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?Short -T ime Compensation (ST C) Program Grants,” May 10, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?
DOCN=6220. DOCN=6220.
84 85 For background on RRUI, see CRS Report RS22350, For background on RRUI, see CRS Report RS22350, Railroad Retirement Board: Retirement, Survivor, Disability,
Unem ploym ent, and Sickness Benefits. .
8586 According to the U.S. Railroad Retirement Board, which administers RRUI: “ T he additional amount is payable on According to the U.S. Railroad Retirement Board, which administers RRUI: “ T he additional amount is payable on
claims for days of unemployment through the 2 -week claim period beginning July 31, 2020,” (see U.S. Railroad 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 For additional information on RRUI and the CARES Act, 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.~~
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link to page link to page 2324 link to page 24 federal y financed RRUI benefits through the end of December 2020, comparable to PEUC.87  Section 2115 provided ~~link to page 23~~ ~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

~~ Section 2115 provides~~ $25 mil ion in funding for the DOL Office of Inspector $25 mil ion 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  Section 2116 ~~authorizes~~authorized DOL to issue operating instructions and other guidance DOL to issue operating instructions and other guidance
needed to implement the UI provisions in the CARES needed to implement the UI provisions in the CARES ActAct.
Table 1 provides a summary of the Sections 2102 through 2111 of the CARES Act. 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 of Provides up to 39 weeks of
Applies to individuals who are self-employed, those who Applies to individuals who are self-employed, those who

unemployment. unemployment.
would not qualify for regular Unemployment would not qualify for regular Unemployment
Pandemic Pandemic
Covers weeks of Covers weeks 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 (PUA) Assistance (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 al rights to UC, PEUC, individuals who have exhausted al rights to UC, PEUC,
or before December 31, or before December 31,
and EB. and EB.
2020 (payable on a 2020 (payable on a
Operational y, this program wil be administered by the Operational y, this program wil be administered by the
retroactive basis). retroactive basis).
states similarly to the Disaster Unemployment states similarly to the Disaster Unemployment
Assistance (DUA) program. Assistance (DUA) program.
Includes eligible, unemployed workers in the states, Includes eligible, unemployed workers in the states,
American Samoa, Commonwealth of the Northern American Samoa, Commonwealth of the Northern
Mariana Islands, the District of Columbia, Federated Mariana Islands, the District of Columbia, Federated
States of Micronesia, Guam, Marshal Islands, Puerto States of Micronesia, Guam, Marshal 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/territory signs an agreement with U.S. provided the state/territory signs an agreement with U.S.
Department of Labor (DOL). Department of Labor (DOL).
Section 2103 Section 2103
Covers weeks of Covers weeks of
Authorizes DOL to issue guidance to al ow states to Authorizes DOL to issue guidance to al ow 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 to reimbursing employers (which are state and flexibility to reimbursing employers (which are state and
Unemployment Relief Unemployment Relief
through December 31, through December 31,
local governments, federal y recognized Indian tribes, local governments, federal y recognized Indian tribes,
of Governmental of Governmental
2020. 2020.
and nonprofit organizations that have opted not to pay and nonprofit organizations that have opted not to pay
Entities and Non- Entities and Non-
UI taxes, but instead reimburse states for UC benefits UI taxes, but instead reimburse states for UC benefits
Profit Organizations Profit Organizations
paid to their former employees) as it relates to timely paid to their former employees) as it relates to timely
payment and assessment of penalties and interest. payment and assessment 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) from the Federal Unemployment Trust Fund (UTF) from the Federal
Unemployment Account (FUA) to al ow partial Unemployment Account (FUA) to al ow partial
reimbursements (general y 50 percent of the amount of reimbursements (general y 50 percent of the amount of
payments in lieu of contributions) topayments in lieu of contributions) to reimbursing employers. Retirement Board, “RRB Begins Paying CARES Act Recovery Payments for Unemployed Rail Workers,” May 2020, https://rrb.gov/Newsroom/NewsReleases/RecoveryPayments). 87 For additional information on RRUI and the CARES Act, 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. ~~reimbursing~~
~~employers.~~
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

Benefit/Program
Availability
Description
Section 2104 Section 2104
Covers weeks of Covers weeks 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 Compensation (STC), PEUC, PUA, EB, Short-Time Compensation (STC),
Federal Pandemic Federal Pandemic
after the date of signed after the date of signed
Trade Reemployment Al owances (TRA), Disaster Trade Reemployment Al owances (TRA), Disaster
Unemployment Unemployment
agreement (between state agreement (between state
Unemployment Assistance (DUA), Unemployment Assistance (DUA), or Self-Employment or Self-Employment
Compensation Compensation
and DOL) through July 31, and DOL) through July 31,
Assistance (SEA) with an additional, federal y-financed Assistance (SEA) with an additional, federal y-financed
(FPUC) (FPUC)
2020. For most states, this 2020. For most states, this
$600 per week. $600 per week.
means FPUC payments end means FPUC payments end
Among the requirements of this program is a non- Among the requirements of this program is a non-
on July 25, 2020. on July 25, 2020.
reduction rule, which prohibits states from changing the reduction rule, 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 results in the reduction of average weekly benefit that results in the reduction of average weekly benefit
amounts or the number of weeks of benefits payable amounts or the number of weeks of benefits payable
(i.e., maximum benefit entitlement). (i.e., maximum benefit entitlement).
Section 2105 Section 2105
Covers weeks of Covers weeks 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., states which do their first week of unemployment (i.e., states which do
Temporary Ful Temporary Ful
after the date of signed after the date of signed
not require a waiting week), this Section provides 100% not require a waiting week), this Section provides 100%
Federal Funding of the Federal Funding of the
agreement, through agreement, through
federal funding for the total amount of UC paid to federal funding for the total amount of UC paid to
First Week of First Week of
December 31, 2020. December 31, 2020.
individuals for their first week of regular UC. individuals for their first week of regular UC.
Compensable Regular Compensable Regular
Compensation Compensation
Section 2106 Section 2106
March 27, 2020 through March 27, 2020 through
Provides state agencies with emergency flexibility for Provides state agencies with emergency flexibility for

December 31, 2020. December 31, 2020.
personnel standards on a merit basis limited to engaging personnel standards on a merit basis limited to engaging
Emergency State Emergency State
of temporary staff, rehiring of retirees or former of temporary staff, rehiring of retirees or former
Staffing Flexibility Staffing Flexibility
employees on a non-competitive basis, and other employees on a non-competitive basis, and other
temporary actions to quickly process applications and temporary actions to quickly process applications and
claims. claims.
Section 2107 Section 2107
Covers weeks of Covers weeks of
Provides for up to 13 weeks of benefits to individuals Provides for up to 13 weeks 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 UC under any other state law, have no rights to regular UC under any other state
Unemployment Unemployment
through December 31, through December 31,
or federal law, are not receiving compensation under the or federal law, are not receiving compensation under the
Compensation Compensation
2020. 2020.
UC laws of Canada, and are able to work, available for UC laws of Canada, and are able to work, available for
(PEUC) (PEUC)
work, and actively seeking work. work, and actively seeking work.
States must offer flexibility in meeting the “actively States must offer flexibility in meeting the “actively
seeking work” requirement if individuals are unable to seeking work” requirement if individuals are unable to
search for work because of COVID-19, including search for work because of COVID-19, including
because of il ness, quarantine, or movement restriction. because of il ness, quarantine, or movement restriction.
Among the requirements of this program is a non-Among the requirements of this program is a non-
reduction rule, which prohibits states from changing the reduction rule, 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 results in the reduction of average weekly benefit that results in the reduction of average weekly benefit
amounts or the number of weeks of benefits payable amounts or the number of weeks of benefits payable
(i.e., maximum benefit entitlement). (i.e., maximum benefit entitlement).
Section 2108 Section 2108
Covers weeks of Covers weeks 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 with federal funds for 100% of STC be reimbursed with federal 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 of STC per benefit costs, up to a maximum of 26 weeks of STC per
for Existing Short- for Existing Short-
through weeks of through weeks of
individual. individual.
Time Compensation Time Compensation
unemployment ending on or unemployment ending on or
(STC) Programs (STC) Programs
before December 31, 2020. before December 31, 2020.
(If a state enacts a new STC (If a state enacts a new STC
law, reimbursements are law, reimbursements are
available starting with the available starting with the
effective date of the state effective date of the state
law.) law.)
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

Benefit/Program
Availability
Description
Section 2109 Section 2109
Covers weeks of Covers weeks 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 with federal funds Secretary of Labor and be reimbursed 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 of 26 for 50% of STC benefit costs, up to a maximum of 26
before December 31, 2020. before December 31, 2020.
weeks of STC per individual. weeks of STC per individual.
Section 2110 Section 2110
Grant applications must be Grant applications must be
Provides for a $100 mil ion grant to be shared across Provides for a $100 mil ion grant to be shared across

submitted by December 31, submitted by December 31,
states for implementation or improved administration, states for implementation or improved administration,
Grants for STC Grants for STC
2023. 2023.
and promotion and enrol ment of the state’s STC and promotion and enrol ment of the state’s STC
Programs Programs
program. program.
Section 2111 Section 2111
Effective March 27, 2020. Effective March 27, 2020.
Provides that DOL shal develop model legislative Provides that DOL shal develop model legislative

language, or disseminate existing model language, which language, or disseminate existing model language, which
may be used by states in developing and enacting STC may be used by states in developing and enacting STC
Assistance and Assistance and
programs. programs.
Guidance in Guidance in
Implementing Implementing
The Department wil also develop reporting The Department wil also develop reporting
Programs Programs
requirements for states and provide technical assistance. requirements for states and provide technical assistance.
Source: CRS analysis based on P.L. 116-136, the CARES Act, and Attachment 1 in DOL 2020 Summary CARES CRS analysis based on P.L. 116-136, the CARES Act, and Attachment 1 in DOL 2020 Summary CARES
Act UIPL, https://wdr.doleta.gov/directives/corr_doc.cfm? DOCN=3390. Act UIPL, https://wdr.doleta.gov/directives/corr_doc.cfm? DOCN=3390.
P.L. 116-151, the Protecting Nonprofits from Catastrophic Cash
Flow Strain Act of 2020
On August 3, 2020, President Trump signed P.L. 116-151 (S. 4209), the Protecting Nonprofits On August 3, 2020, President Trump signed P.L. 116-151 (S. 4209), the Protecting Nonprofits
from Catastrophic Cash Flow Strain Act of 2020, into law. P.L. 116-151. The law from Catastrophic Cash Flow Strain Act of 2020, into law. P.L. 116-151. The law ~~revises~~revised the the
reimbursement steps required by the CARES Act’s provisions providing 50% federal funding of reimbursement steps required by the CARES Act’s provisions providing 50% federal funding of
regular state UI benefits for reimbursing employers through December 31, 2020. regular state UI benefits for reimbursing employers through December 31, 2020.8788 With the With the
change, reimbursing employers pay 50% of UI benefits, and federal funding pays the other 50% change, reimbursing employers pay 50% of UI benefits, and federal funding pays the other 50%
(previously, the law required these employers to pay 100% of UI benefits and then be reimbursed (previously, the law required these employers to pay 100% of UI benefits and then be reimbursed
for 50% of the benefits). Additional y, UI benefits attributed to weeks of unemployment for 50% of the benefits). Additional y, UI benefits attributed to weeks of unemployment
beginning on or after March 13, 2020, through December 31, 2020, beginning on or after March 13, 2020, through December 31, 2020, ~~may~~could be reimbursed even if be reimbursed even if
the actual employer reimbursement happens after December 31, 2020. the actual employer reimbursement happens after December 31, 2020.
Presidential Action Related to Unemployment
Insurance
On August 8, 2020, President Trump issued a presidential memorandum authorizing other needs On August 8, 2020, President Trump issued a presidential memorandum authorizing other needs
assistance (ONA) under Section 408 of the Robert T. Stafford Disaster Relief and Emergency assistance (ONA) under Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §5174(e)(2)) for lost wages.Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §5174(e)(2)) for lost wages.8889
As described in Federal Emergency Management Agency (FEMA) guidance,As described in Federal Emergency Management Agency (FEMA) guidance,~~89 this Lost Wages~~
90 this Lost Wages Assistance (LWA) program provided grants to states to supplement the weekly benefits of certain eligible UI claimants in participating states, subject to a cost sharing requirement. LWA grants
8788 Reimbursing employers are state and local governments, federally recognized Indian tribes, and nonprofit Reimbursing employers are state and local governments, federally recognized Indian tribes, and nonprofit
organizations that have opted not to pay UI taxes. organizations that have opted not to pay UI taxes.
8889 T he White House, “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster T he White House, “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster
Declarations Related to Coronavirus Disease 2019,” August 8, 2020, available atDeclarations Related to Coronavirus Disease 2019,” August 8, 2020, available at https://www.whitehouse.gov/https://www.whitehouse.gov/
presidential-actions/memorandum-authorizing-needs-assistance-program-major-disaster-declarations-related-presidential-actions/memorandum-authorizing-needs-assistance-program-major-disaster-declarations-related-
coronavirus-disease-2019/. coronavirus-disease-2019/.
89 90 FEMA, “Lost Wages Supplemental Payment Assistance Guidelines,” available at https://www.fema.gov/disasters/ FEMA, “Lost Wages Supplemental Payment Assistance Guidelines,” available at https://www.fema.gov/disasters/
coronavirus/governments/supplemental-payments-lost-wages-guidelines. Congressional Research Service 20 were paid as a $300-per-week supplement in entirely federal funds to individuals with underlying weekly UI benefit amounts of at least $100, or, if a state chose to contribute an additional $100 a week in state funds, the total would have been $400 a week.91 LWA was not available to those receiving Disaster Unemployment Assistance (DUA).92 As constructed, LWA grants were potential y available for weeks of unemployment ending between August 1, 2020, and December 27, 2020, but the program could have terminated earlier if Congress had enacted supplemental COVID-19-related unemployment compensation (e.g., reestablishes the FPUC authority) or certain conditions were met related to the balance of the Disaster Relief Fund (DRF). Al states ended LWA payments by September 6, 2020, as the amount of available funds in the DRF precluded additional payments.93 For additional information related to LWA, see CRS Insight IN11492, COVID-19: Supplementing Unemployment Insurance Benefits (Federal Pandemic Unemployment Compensation vs. Lost Wages Assistance). P.L. 116-260, the Consolidated Appropriations Act, 2021 (Division N, Title II, Subtitle A, the Continued Assistance for Unemployed Workers Act of 2020) On December 27, 2020, President Trump signed P.L. 116-260 (H.R. 133), the Consolidated Appropriations Act, 2021. The UI provisions were contained in Division N, Title II, Subtitle A, of the Consolidated Appropriations Act, 2021, and are titled the Continued Assistance for Unemployed Workers Act of 2020 (“Continued Assistance Act”). The Continued Assistance Act reauthorized and expanded the enhanced UI benefits created under the CARES Act (P.L. 116- 136): FPUC, PEUC, and PUA.94 Additional y, the Continued Assistance Act authorized, at the option of states, a $100-per-week benefit augmentation for unemployed workers with income from both wage-and-salary jobs and self-employment: Mixed Earned Unemployment Compensation (MEUC). The act extended the authorization for additional, temporary UI provisions first authorized under the CARES Act and the Families First Coronavirus Response Act (FFCRA; P.L. 116-127). The act also provided federal authority for states to temporarily disregard the mandatory off period for the Extended Benefit program. Final y, the Continued Assistance Act created additional program integrity requirements for UI benefits, including 91 Kentucky and Montana announced intentions of supplementing LWA with an additional $100 payment. See FEMA, “FEMA Announces Lost Wages Grant for Kentucky,” press release, August 21, 2020, https://www.fema.gov/press-release/20200824/fema-announces-lost-wages-grant-kentucky; and FEMA, “ FEMA Announces Lost Wages Grant to Montana,” press release, August 18, 2020, https://www.fema.gov/press-release/20200824/fema-announces-lost-wages-grant -montana. 92 South Dakota did not participate in LWA. Section 262 of the Continued Assistance Act provided that states may waive overpayments under the LWA program when the individual is not at fault for the payment and repayment woul d be contrary to equity and good conscience. 93 Email exchange between the authors of this report and FEMA, Office of the Chief Financial Officer, November 9, 2020. 94 T he Continued Assistance Act provides $500,000 in funding to each state for implementation of the changes to FPUC, PEUC, and PUA. (States may request additional administrative funding if needed.) See DOL, ET A, UIPL No. 9-21, “ Continued Assistance for Unemployed Workers Act of 2020 (Continued Assistance Act) —Summary of Key Unemployment Insurance (UI) Provisions,” December 30, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3831. (Hereinafter, “ DOL UIPL No. 9-21”.) Congressional Research Service 21 link to page 31 link to page 26 several new measures related to PUA eligibility.95 See Figure 2 for the flow of UI benefits available under the Continued Assistance Act. Federal Pandemic Unemployment Compensation (FPUC) FPUC was original y authorized under the CARES Act at $600 per week as a federal benefit augmentation for individuals receiving weekly UI benefits. FPUC initial y expired July 25, 2020 (July 26, 2020, in New York). After this expiration, on August 8, 2020, President Trump issued a presidential memorandum creating LWA, a grant program that supplemented the weekly benefits of certain eligible UI claimants, with up to $300 weekly in federal funding. (See additional information the in section on “Presidential Action Related to Unemployment Insurance.”) Al states ended LWA payments by September 6, 2020. The Continued Assistance Act reauthorized FPUC at $300 per week for weeks of unemployment beginning after December 26, 2020, and ending on or before March 14, 2021.96 No FPUC benefits are payable after March 13, 2021 (March 14, 2021, in New York).97 Pandemic Emergency Unemployment Compensation (PEUC) PEUC was original y created as a 13-week UI extension under the CARES Act and payable through weeks of unemployment ending December 26, 2020 (December 27, 2020, in New York). PEUC provides 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 Coronavirus Disease 2019 (COVID-19)-related flexibilities. The Continued Assistance Act extended the authorization for PEUC through weeks of unemployment ending on or before March 14, 2021 (March 13, 2021; March 14, 2021 in New York). In addition, the Continued Assistance Act authorized 11 additional weeks of PEUC benefits (not retroactive; only payable with respect to weeks of unemployment beginning December 26, 2020; December 27, 2020, in New York)—for a total of 24 weeks of PEUC. The Continued Assistance Act created a new requirement that individuals receiving EB must exhaust any remaining EB prior to being eligible to receive the additional weeks of PEUC authorized under the Continued Assistance Act. The Continued Assistance Act also created a phaseout period for PEUC so that, for individuals who are receiving PEUC at the end of the program (March 13, 2021; March 14, 2021, in New York) who have not exhausted available weeks of PEUC and remain otherwise eligible, PEUC benefits are payable until April 10, 2021 (April 11, 2021, in New York).98 95 For overview DOL guidance on the UI provisions in the Continued Assistance Act, see DOL UIPL No. 9-21. 96 As under the CARES Act, FPUC income is required to be disregarded for the purposes of Medicaid and CHIP. During the FPUC authorization period, states are prohibited from reducing UC benefit amount or duration. 97 For DOL guidance on the FPUC extension in the Continued Assistance Act, see DOL, ET A, UIPL No. 15 -20, Change 3, “Continued Assistance for Unemployed Workers (Continued Assistance) Act of 2020 —Federal Pandemic Unemployment Compensation (FPUC) Program Reauthorization and Modification and Mixed Earners Unemployment Compensation (MEUC) Program Operating, Reporting, and Financial Instructions,” January 5, 2021, https://wdr.doleta.gov/directives/corr_doc.cfm?docn=6122. 98 For DOL guidance on the PEUC extension in the Continued Assistance Act, see DOL, ET A, UIPL No. 17 -20, Change 2, “Continued Assistance for Unemployed Workers Act of 2020 -Pandemic Emergency Unemployment Compensation (PEUC) Program: Extension, T ransition Rule, Increase in T otal Benefits, and Coordination Rules,” December 31, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?docn=9291. Congressional Research Service 22 link to page 33 link to page 33 Pandemic Unemployment Assistance (PUA) PUA is a temporary federal UI program for individuals not otherwise eligible for UI benefits (e.g., self-employed, independent contractors, gig economy workers) and unemployed due to a specific COVID-19-related reason. Under the CARES Act, PUA provided up to 39 weeks of benefits for weeks of unemployment ending December 26, 2020 (December 27, 2020, in New York). The Continued Assistance Act extended the authorization for PUA through weeks of unemployment ending on or before March 14, 2021 (March 13, 2021; March 14, 2021, in New York). The act also authorized 11 additional weeks of PUA benefits (not retroactive; only payable with respect to weeks of unemployment beginning December 26, 2020; December 27, 2020, in New York)—for a total of 50 weeks of PUA. In addition, the Continued Assistance Act created a phaseout period for PUA so that, for individuals who are receiving PUA at the end of the program (March 13, 2021; March 14, 2021, in New York), have not exhausted available weeks of PUA, and remain otherwise eligible, PUA benefits are payable until April 10, 2021 (April 11, 2021, in New York). The act provided a new deadline for the backdating of PUA claims (previously, PUA claims could be backdated to February 2, 2020): initial applications for PUA filed after December 27, 2020, may not be backdated earlier than December 1, 2020. The Continued Assistance Act included a hold harmless provision such that states may continue to pay PUA benefits for up to four weeks of unemployment for individuals who had previously exhausted PEUC and are receiving PUA but are eligible for the additional weeks of PEUC created under this act. After four weeks, states must move claimants eligible for additional weeks of PEUC back to PUA.99 The Continued Assistance Act also included additional measures related to PUA, including (1) authority for states to waive recovery of PUA overpayments in cases of non-fault and hardship (retroactive for any PUA overpayment); (2) codification of the PUA appeals process to be conducted by states; and (3) requirements for additional documentation by claimants and other PUA program integrity measures (as described below in the section on “UI Program Integrity Measures”).100 Mixed Earner Unemployment Compensation (MEUC) The Continued Assistance Act also authorized a $100-a-week MEUC payment (in states that elect to participate in MEUC) in addition to the $300-a-week FPUC benefit.101 MEUC provides $100 99 According to DOL guidance, “Recognizing the unique circumstances states face and the number and complexity of UI programmatic changes that states must swiftly implement, should a state determine that it will not be able to transition individuals from PUA back to PEUC in that timeframe, the state must contact the appropriate ET A Regional Office to determine the earliest data that the state will be able to implement this transition.” See DOL UIPL No. 9-21, page 8. 100 For DOL guidance on the PUA extension and additional PUA measures in the Continued Assistance Act, see DOL, ET A, UIPL No. 16-20, Change 5, “ Continued Assistance to Unemployed Workers Act of 2020 —Pandemic Unemployment Assistance (PUA) P rogram: Updated Operating Instructions and Reporting Changes,” January 8, 2021, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6973. 101 MEUC addresses an issue raised by potential differences in benefits calculated under regular state UI programs and under PUA. Specifically, the PUA benefit was created with a higher minimum benefit than state UI (i.e., half of average state UI benefit amount). Since PUA is not available to anyo ne who qualifies for state UI (or any other federal UI benefit), there may be a concern related to perceived equity for unemployed workers who would qualify for PUA with a higher weekly benefit if they were not also eligible for regular state UI benefits. MEUC addressed this issue by increasing the amount of state UI benefits for individuals in this situation. Other bills introduced in the 116 th Congress Congressional Research Service 23 weekly for individuals who received at least $5,000 in self-employment income in the most recent tax year (i.e., ending prior to the individual’s application for state UI benefits) and who receive a UI benefit other than PUA. MEUC is payable only in states that opt to administer the benefit for weeks of unemployment beginning on or after December 27, 2020, and ending on or before March 14, 2021 (March 13, 2021; March 14, 2021, in New York).102 also included provisions for increasing the regular UI benefits of mixed earners (i.e., S. 4442, S. 4935, H.R. 925, and H.R. 7691). 102 As of January 11, 2021, according to DOL, all states except South Dakota and Wyoming have opted to pay MEUC. For DOL guidance on the MEUC authority in the Continued Assistance Act, see DO L, ET A, UIPL No. 15-20, Change 3, “Continued Assistance for Unemployed Workers (Continued Assistance) Act of 2020 —Federal Pandemic Unemployment Compensation (FPUC) Program Reauthorization and Modification and Mixed Earners Unemployment Compensation (MEUC) Program Operating, Reporting, and Financial Instructions,” January 5, 2021, https://wdr.doleta.gov/directives/corr_doc.cfm?docn=6122. Congressional Research Service 24 Figure 2. Current Coordination of the Flow of UI Benefits Under the Continued Assistance Act (December 27, 2020 through March 13, 2021) Source: CRS analysis based on P.L. 116-260 (H.R. 133), the Consolidated Appropriations Act, 2021, and DOL guidance. The UI provisions, contained in Division N, Title II, Subtitle A, of the Consolidated Appropriations Act, 2021, are titled the Continued Assistance for Unemployed Workers Act of 2020 (“Continued Assistance Act”). Notes: This coordination flow is contingent on the individual meeting al eligibility criteria for the respective programs. It is also contingent on the state having an agreement with DOL to administer each benefit. Transition rule: individuals who were receiving EB at the week ending December 26, 2020, must remain on EB until those benefits are exhausted. Then, they may be eligible for additional PEUC if available. PUA is last payer. Al other UI benefits must be exhausted or unavailable. States have a temporary four-week authorization to continue to pay PUA rather than PEUC if an individual was receiving PUA for week ending December 26, 2020. FPUC, MEUC, PUA, and PEUC are authorized through March 13, 2021 (March 14, 2021 , for New York). Phaseout period for those with remaining entitlement to PEUC or PUA authorized through April 10, 2021 (April 11, 2021, for New York). As of January 11, 2021, South Dakota and Wyoming do not offer MEUC. Congressional Research Service 25 Extensions of Additional, Temporary UI Provisions The Continued Assistance Act also extended the temporary authority for additional UI provisions. The authorities for the following UI provisions were general y extended through March 13, 2021 (March 14, 2021, in New York).  Extension of temporary UI authorities first created under FFCRA (P.L. 116-127):  waiver of interest payments and the accrual of interest on federal advances (loans) to states to pay regular UI benefits through temporary assistance for states with advances, and  100% federal funding of EB.103  Extension of temporary UI authorities first created under the CARES Act (P.L. 116-136):  50% federal funding for the first week of UI benefits in states with no waiting week (previously 100% federal funding under CARES Act; 50% funding begins after the week ending December 26, 2020, December 27, 2020, in New York);  50% federal funding of state UI benefits based on service with reimbursing employers (i.e., state and local governments, Indian tribes, and nonprofit organizations, including the Kennedy Center, that have opted not to pay UI taxes but instead reimburse states for regular UI benefits paid to their former employees);  temporary provisions related to RRUI (i.e., waiver of seven-day waiting period; reauthorization of comparable FPUC benefit for RRUI claimants, additional weeks of RRUI comparable to PEUC reauthorization and expansion);104  100% federal financing of STC (work sharing) in states with existing programs and 50% federal financing for states that set up STC programs (up to the equivalent of 26 weeks of benefits for individuals); and  waiver of federal requirements regarding merit staffing for state UI programs on an emergency, temporary basis in response to COVID-19 (limited to certain temporary actions taken by states to quickly process UI claims, including rehiring former employees and temporary hiring). New, Optional Disregard of EB Mandatory Off Period The Continued Assistance Act provided a temporary option for states that have triggered off an EB period to opt to disregard the mandatory 13-week off period for weeks between November 1, 2020, and December 31, 2021, if state law al ows.105 103 For DOL guidance on the EB provisions in the Continued Assistance Act, see DOL, ET A, UIPL No. 24 -20, Change 1, “Continued Assistance for Unemployed Workers Act (Continued Assistance Act) of 2020 —Provisions Affecting the Federal-State Extended Benefits Program,” December 31, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7779 (hereinafter, “ UIPL No. 24-20”). 104 T he Continued Assistance Act also temporarily exempts all RRUI payments from the mandatory sequester under the BCA (P.L. 112-25) from seven days after enactment through 30 days after the end of the presidential declaration under the National Emergencies Act (50 U.S.C. 1601 et seq.) related to COVID-19. 105 UIPL No. 24-20. Congressional Research Service 26 UI Program Integrity Measures The Continued Assistance Act included several new UI program integrity measures, many of which are related to PUA eligibility:  Additional documentation requirements for PUA claimants:  Individuals filing a new PUA claim on or after January 31, 2021, must provide documentation of employment or self-employment within 21 days of application or following the state deadline if later (with exceptions for good cause). Individuals who received PUA on or after December 27, 2020, are required to provide this documentation within 90 days or within the state deadline if later (with exceptions for good cause).  PUA identity verification:  For PUA claims filed on or after January 26, 2021, states must use procedures to verify the identity of PUA applicants and provide timely payment to the extent reasonable and practicable.  Statutory requirement related to PUA weekly certification:  The Continued Assistance Act includes a new statutory requirement for weekly self-certification by claimants of a COVID-19-related condition for weeks on or after January 26, 2021.  Return to work reporting:  Beginning January 26, 2021, states must have a process for addressing work refusals and must have a method for employer reporting of work refusals. States must also provide notice of state return to work laws, rights to refuse to return to work or to refuse suitable work—including what constitutes suitable work and a claimant’s right to refuse work that poses a risk to the claimant’s health or safety—and information on contesting the denial of a claim that has been denied due to a report by an employer that the claimant refused to return to work or refused suitable work ~~Congressional Research Service~~

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

~~Assistance (LWA) program provides grants to states to supplement the weekly benefits of certain~~
~~eligible UI claimants in participating states, subject to a cost sharing requirement. LWA grants~~
~~may be paid in the amount of $300 a week in entirely federal funds; or, if a state chooses to~~
~~contribute an additional $100 a week in state funds, the total is $400 a week. LWA grants are~~
~~available for weeks of unemployment ending between August 1, 2020, and December 27, 2020,~~
~~but the program could terminate earlier if Congress enacts supplemental COVID-19-related~~
~~unemployment compensation (e.g., reestablishes the FPUC authority) or certain conditions are~~
~~met related to the balance of the Disaster Relief Fund (DRF). Most states ended LWA payments~~
~~for weeks ending after September 6, 2020.90~~
~~For additional information related to LWA, see CRS Insight IN11492,~~ ~~COVID-19: Supplementing~~
~~Unemployment Insurance Benefits (Federal Pandemic Unemployment Compensation vs. Lost~~
~~Wages Assistance)~~. .
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 Compensation Equity Act of 2019. This proposal would ~~amend~~have amended UCFE law and UCFE law and ~~create~~created a new a new
permanent UCFE eligibility category for excepted federal employees who are unpaid but permanent UCFE eligibility category for excepted federal employees who are unpaid but required 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, al excepted federal workers would beginning on or after December 22, 2018, al excepted federal workers would behave been deemed eligible deemed eligible
for UCFE benefits. In addition, these employees would not for UCFE benefits. In addition, these employees would not be have been subject to a one-week waiting subject to a one-week waiting
period (otherwise often required under state laws) before UCFE period (otherwise often required under state laws) before UCFE benefits were to be paid. benefits were to be paid.
On January 23, 2019, Representative Debbie Dingel introduced H.R. 725, the Pay Federal On January 23, 2019, Representative Debbie Dingel introduced H.R. 725, the Pay Federal
Workers Act. This proposal would also Workers Act. This proposal would also ~~provide~~have provided UCFE benefits in a similar manner to S. 165, 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.
Congressional Research Service 27 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~~have deemed excepted federal employees during a government shutdown to be eligible for UCFE during excepted federal employees during a government shutdown to be eligible for UCFE during
FY2019. The authority to provide UCFE to these excepted workers would FY2019. The authority to provide UCFE to these excepted workers would ~~expire~~have expired at at the end of the end of
FY2019. FY2019.
On February 8, 2019, Representative Katie Hil introduced H.R. 1117, the Shutdown Fairness Act On February 8, 2019, Representative Katie Hil introduced H.R. 1117, the Shutdown Fairness Act
of 2019. This proposal would of 2019. This proposal would ~~deem~~have deemed excepted federal employees and unpaid military 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 The authority to provide UCFE to these excepted workers would ~~expire~~have expired at the end of at the end of FY2019. FY2019.
On July 25, 2019, Representative Lori Trahan introduced H.R. 4072. This proposal would On July 25, 2019, Representative Lori Trahan introduced H.R. 4072. This proposal would ~~deem~~
have deemed excepted federal employees and unpaid military servicemembers during a government excepted federal employees and unpaid military servicemembers during a government shutdown 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 excepted workers would ~~expire~~have expired at the end of FY2020. H.R. 4072 would also at the end of FY2020. H.R. 4072 would also ~~waive~~have waived the one-week the one-week
~~waiting period before these benefits could be paid.~~

~~coronavirus/governments/supplemental-payments-lost-wages-guidelines.~~
~~90 Email exchange between the authors of this report and the Office of the Chief Financial Officer, Federal Emergency~~
~~Management Agency, November 9, 2020.~~
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

~~At the end of the first session of the 116th Congress, none of these bil s became law.~~
waiting period before these benefits could be paid. 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 Volatility and Advance Training and Employment and H.R. 556, the Economic Ladders to End Volatility and Advance Training and Employment
Act of 2019 (the ELEVATE Act). Among other provisions, these bil s would Act of 2019 (the ELEVATE Act). Among other provisions, these bil s would ~~establish~~have established new ~~new~~ self-self-
employment and relocation assistance benefits for unemployed workers to be administered by the employment and relocation assistance benefits for unemployed workers to be administered by the
Social Security Administration, in consultation with DOL. The self-employment assistance Social Security Administration, in consultation with DOL. The self-employment assistance
benefits would benefits would ~~provide~~have provided weekly income replacement (half of prior earnings up to the maximum 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 weekly benefit amount in the state) for up to of 26 weeks to individuals. They would ~~be available~~
have been available to individuals who are (1) eligible for any type of UI benefit; or ineligible for to individuals who are (1) eligible for any type of UI benefit; or ineligible for any type of UI 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
self-employed, but lost a hiring contract, and (2) have a viable business plan approved self-employed, but lost a hiring contract, and (2) have a viable business plan approved by their by their
state department of labor, workforce board, or the Smal Business Administration.state department of labor, workforce board, or the Smal Business Administration.91106
In addition, Section 3 of S. 136 and H.R. 556 would In addition, Section 3 of S. 136 and H.R. 556 would ~~provide~~have provided up to $2,000 (or more, depending on up to $2,000 (or more, depending on
family size) to fund to up to 90% of certain relocation expenses for eligible family size) to fund to up to 90% of certain relocation expenses for eligible ~~individuals~~ individuals and their and their
families. To be eligible for this relocation assistance, an individual must be (1) a dislocated families. To be eligible for this relocation assistance, an individual must be (1) a dislocated
worker,worker,92107 (2) a long-term unemployed individual, (2) a long-term unemployed individual,93108 or (3) an underemployed or (3) an underemployed ~~individual94~~individual109 and also and also
have filed a claim for relocation assistance and obtained suitable work with have filed a claim for relocation assistance and obtained suitable work with an expectation of 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~~
~~harassment, domestic violence, sexual assault, or stalking to be eligible for UC benefits. The~~
~~House passed H.R. 1585 on April 4, 2019.~~
~~Drug Testing95~~
~~On February 28, 2019, Representative Earl Carter introduced H.R. 1121, the Ensuring Quality in~~
~~the Unemployment Insurance Program (EQUIP) Act. The bil would al ow states to require any~~
~~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.~~
~~Those who fail the test would be ineligible for benefits for 30 days and would have to be retested~~
~~to determine eligibility.~~

91 106 T his proposal would T his proposal would ~~create a new~~ have created a new authority to provide self-employment assistance benefits under a newauthority to provide self-employment assistance benefits under a new T itle T itle ~~XIII~~
XIII, Part BPart B, of the Social Security Act. T his new authority would of the Social Security Act. T his new authority would behave been distinct from Self distinct from Self -Employment Assistance programs -Employment Assistance programs
currently authorized under federal law and set up by states. Seecurrently authorized under federal law and set up by states. See CRS Report R41253, CRS Report R41253, The Self-Em ~~ploym ent~~ ployment Assistance
(SEA) Program . .
92107 As defined in Section 3 of the Workforce Innovation and Opportunity Act ( P.L. 113-128). As defined in Section 3 of the Workforce Innovation and Opportunity Act ( P.L. 113-128).
93108 As defined by the newly-created Director of the Office of Reemployment Assistance, in consultation with the 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. Secretary of Labor and in accordance with criteria set out under the proposed Section 1323 of the Social Security Act.
94109 “As so determined” under the proposed Section 1325(4)(A)(iii) of the Social Security Act. “As so determined” under the proposed Section 1325(4)(A)(iii) of the Social Security Act.
~~95 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 .~~
~~Congressional Research Service~~

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~~link to page 17~~ ~~Unemployment Insurance: Legislative Issues in the 116th Congress~~
Congressional Research Service 28 link to page 18 would have required states to consider an individual who quit employment because of sexual harassment, domestic violence, sexual assault, or stalking to be eligible for UC benefits. The House passed H.R. 1585 on April 4, 2019. Drug Testing110 On February 28, 2019, Representative Earl Carter introduced H.R. 1121, the Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act. The bil would have al owed states to require any 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. Those who fail the test would be ineligible for benefits for 30 days and would have to be retested 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 proposal would ~~extend~~have extended eligibility to any claimant of unemployment benefits, including eligibility to any claimant of unemployment benefits, including those those
profiled as likely to exhaust benefits (rather than limiting eligibility to those who were profiled as profiled as likely to exhaust benefits (rather than limiting eligibility to those who were profiled as
likely to exhaust benefits). The House passed H.R. 1759 on April 9, 2019. On November 14, likely 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 2019, Senator Christopher Coons introduced S. 2872, the BRIDGE for Workers Act, which Act, which iswas the the
Senate companion bil to H.R. 1759. Senate companion bil to H.R. 1759.
Short-Time Compensation
On March 12, 2020, Senator Jack Reed introduced S. 3494, the Layoff Prevention Act of 2020. On March 12, 2020, Senator Jack Reed introduced S. 3494, the Layoff Prevention Act of 2020.
Representative Rosa DeLauro introduced an identical bil , H.R. 8213 on September 11, 2020. Representative Rosa DeLauro introduced an identical bil , H.R. 8213 on September 11, 2020.
These bil s would These bil s would ~~provide~~have provided temporary 100% federal funding for up to five years for STC programs temporary 100% federal funding for up to five years for STC programs
in states with STC programs in law. They would in states with STC programs in law. They would ~~provide~~have provided 50% federal funding in states with 50% federal funding in states with
temporary STC programs for up to two years. temporary STC programs for up to two years. ~~Final y, these~~These bil s would bil s would ~~authorize~~have authorized up to a total of up to a total of
$100 mil ion in grants to the states to be used (1) to implement or improve the $100 mil ion in grants to the states to be used (1) to implement or improve the administration of administration of
an STC program and (2) for promotion of and enrollment in STC programs. an STC program and (2) for promotion of and enrollment in STC programs.
Taxation of UI Benefits
On September 24, 2020, Senator Richard Durbin introduced S. 4713, the Coronavirus On September 24, 2020, Senator Richard Durbin introduced S. 4713, the Coronavirus
Unemployment Benefits Tax Relief Act. This bil would Unemployment Benefits Tax Relief Act. This bil would ~~exclude~~have excluded up to $10,200 from any up to $10,200 from any type of type of
UI benefit for the purposes of federal income taxation for tax year 2020. UI benefit for the purposes of federal income taxation for tax year 2020.
UI Response to COVID-19
BothBoth, H.R. 6201, the Families First Coronavirus Response Act, and H.R. 748, the CARES Act 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 bil s introduced in the 116th Congress before the CARES Act became summaries of alternative bil s introduced in the 116th Congress before the CARES Act became
law are below. These bil s would law are below. These bil s would ~~authorize~~have authorized new UI benefits or new UI benefits or ~~modify~~modified existing UI existing UI benefits in benefits in
~~response to unemployment due to COVID-19.~~
response to unemployment due to COVID-19. 110 For additional background on drug testing UC applicants, including selected policy considerations and potential legal concerns, see CRS Report R45889, Unem ploym ent Com pensation (UC): Issues Related to Drug Testing . Congressional Research Service 29 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 Relief Act. This proposal would have authorized the availability of DUAauthorized the availability of 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-19.96111 On March 12, Senator Gary On March 12, Senator Gary ~~Peters~~
Peters introduced S. 3476, the Senate companion bil . introduced S. 3476, the Senate companion bil .

~~96 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~~

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 of 2020, on March 13, 2020. The proposal would ~~authorize~~have authorized the availability of DUA the availability of DUA benefits under 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 bil for Workers and Families Act. Among other provisions, this bil ~~includes~~included a number of UI a number of UI
proposals that would proposals that would ~~expand and extend~~have expanded and extended UI benefits and UI benefits and ~~provide~~provided temporary federal temporary federal funding of funding of
certain UI benefits.certain UI benefits.
Many of the UI provisions in this bil are similar to what was enacted under the CARES Act—for Many of the UI provisions in this bil 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 Unemployment Insurance benefits. H.R. 6379 would ~~deem~~have deemed that al states be in an active EB that al states be in an active EB
period. period. ~~Final y,~~ H.R. 6379, would H.R. 6379, would ~~create~~have created a Pandemic Self-Employment and Job Entrant a Pandemic Self-Employment and Job Entrant
Compensation program, which would Compensation program, which would ~~provide~~have provided benefits to self-employed workers, benefits to self-employed workers, ~~individuals who~~
individuals who had contracts for work that were cancel ed due to the virus, and a separate newhad contracts for work that were cancel ed due to the virus, and a separate new- - entrant benefit for entrant benefit for
~~individuals~~ individuals such as recent college graduates who otherwise would not qualify such as recent college graduates who otherwise would not qualify for UI benefits. for UI benefits.
H.R. 6409
Representative Ilhan Omar introduced H.R. 6409, the Assistance for Businesses and Local 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 Economies Act (ABLE Act of 2020), on March 27, 2020. Among other provisions, the ABLE Act
of 2020 would of 2020 would ~~authorize~~have authorized a federal y funded Emergency COVID-19 Unemployment a federal y funded Emergency COVID-19 Unemployment
Compensation payment for workers who are unemployed or idle as a result of the public health Compensation payment for workers who are unemployed or idle as a result of the public health
emergency declared because of COVID-19. This bil would emergency declared because of COVID-19. This bil would ~~define~~have defined an idle worker as a “worker an idle worker as a “worker
facing substantial economic uncertainty and hardship due the COVID-19 and its social 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 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 tipped workers; gig economy, freelance, and other self-employed workers; and independent
111 For background on emergency declarations under the Stafford Act, see CRS Report R43784, FEMA’s Disaster Declaration Process: A Prim er. Congressional Research Service 30 link to page 18 link to page 18 contractors. The Emergency COVID-19 Unemployment Compensation payment, which would 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 smal augment state UI benefits, would be capped at $5,000 per month for idle workers of smal
businesses; $4,000 per month for idle tipped workers, certain domestic workers, and independent businesses; $4,000 per month for idle tipped workers, certain domestic workers, and independent
contractors; and $3,000 per month for al other affected and eligible self-employed individuals contractors; and $3,000 per month for al other affected and eligible self-employed individuals
(e.g., gig economy workers and freelancers). This bil would also (e.g., gig economy workers and freelancers). This bil would also ~~provide~~have provided 50% of the amount of 50% of the amount of
Emergency COVID-19 Unemployment Compensation payments for STC benefits in Emergency COVID-19 Unemployment Compensation payments for STC benefits in states that states that
have approved STCs programs. The Emergency COVID-19 Unemployment Compensation have approved STCs programs. The Emergency COVID-19 Unemployment Compensation
payments under this proposal would payments under this proposal would behave been authorized for weeks of authorized for weeks of unemployment beginning on or unemployment beginning on or
after March 1, 2020, and ending on or before January 1, 2021. 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 On March 12, 2020, Senator Cory Booker introduced S. 3482, the Emergency U.I. Solutions Act
of 2020, a bil that would of 2020, a bil that would ~~remove~~have removed and federal y and federal y ~~finance~~financed any waiting week (i.e., unpaid first week any waiting week (i.e., unpaid first week
of unemployment) under regular UC programs during a Stafford Act emergency declaration. This of unemployment) under regular UC programs during a Stafford Act emergency declaration. This
proposal would also proposal would also ~~add~~have added a new federal requirement for state UC a new federal requirement for state UC programs to eliminate any programs to eliminate any
waiting week in this circumstance. waiting week in this circumstance.
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~~link to page 17 link to page 17~~ ~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

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 bil which would Assistance Act, a bil which would ~~create~~have created a temporary 26-week benefit for unemployed a temporary 26-week benefit for unemployed ~~persons~~
persons whose unemployment is attributable whose unemployment is attributable to COVID-19 and are ineligible for regular UC. COVID-19 and are ineligible 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 Insurance Act. S. 3523 would ~~provide~~have provided 100% federal funding for state UC benefit payments (and 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 individual unable to work and not receiving pay due to a operations due to COVID-19; an individual 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 pay due to caregiving related to COVID-19. S. 3523 also contains a provision that would waive would waive
any federal UI requirements related to certain aspects of state UC programs, which any federal UI requirements related to certain aspects of state UC programs, which was enacted 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 March 19, 2020. Among other provisions, S. 3534 would ~~make~~have made DUA benefits under the DUA benefits under the Stafford Stafford
Act availableAct available in response to an emergency due to a pandemic. Under this bil , DUA benefits in response to an emergency due to a pandemic. Under this bil , DUA benefits
would would behave been calculated as at least 1.5 times the national weekly average UI benefit. This bil would calculated as at least 1.5 times the national weekly average UI benefit. This bil would
also also ~~provide~~have provided DUA benefits regardless of whether an individual is eligible DUA benefits regardless of whether an individual is eligible for any other type of UI for any other type of UI
benefit. On May 1, 2020, Representative Alexandriabenefit. On May 1, 2020, Representative Alexandria Ocasio-Cortez Ocasio-Cortez introduced H.R. 6687, the introduced H.R. 6687, the
House companion bil . House companion bil .
Amendments, Contractions, or Extensions to the CARES Act and
FFCRA
P.L. 116-151 P.L. 116-151 ~~amends~~amended Section 2103 of the CARES Act and is discussed in the Section 2103 of the CARES Act and is discussed in the “Enacted Laws in
the 116th Congress” section. Since the passage of the CARES Act and FFCRA, Congress has section. 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 been active in proposing changes to the two acts. This includes amending, contracting, or
Congressional Research Service 31 link to page 27 link to page 27 link to page 27 expanding the new temporary benefits, programs, time limitations, and authorities created under expanding the new temporary benefits, programs, time limitations, and authorities created under
~~those two acts.~~
those two acts. Additional y, P.L. 116-260 made many changes to both the CARES Act and FFCRA, which are discussed in the section “P.L. 116-260, the Consolidated Appropriations Act, 2021 (Division N, Title II, Subtitle A, the Continued Assistance for Unemployed Workers Act of 2020).” H.R. 6800, Heroes Act
On May 12, 2020, Representative Nita Lowey introduced H.R. 6800, Health and Economic On May 12, 2020, Representative Nita Lowey introduced H.R. 6800, Health and Economic
Recovery Omnibus Emergency Solutions (Heroes) Act.Recovery Omnibus Emergency Solutions (Heroes) Act.97112 The bil would, among other provisions, The bil would, among other provisions,
~~amend and extend~~have amended and extended most of the provisions of the UI provisions in the CARES Act, as wel as the most of the provisions of the UI provisions in the CARES Act, as wel as the
EB financing provisions of FFCRA. The bil would also EB financing provisions of FFCRA. The bil would also ~~appropriate~~have appropriated additional additional funds for UI funds for UI
program administration.program administration.98113 On May 15, 2020, the House of On May 15, 2020, the House of Representatives passed the bil on a Representatives passed the bil on a
~~vote of 208 to 199.~~

~~97 At its introduction in the House of Representatives, the bill was titled the Health and Economic Recovery Omnibus~~
~~Emergency Solutions Act, or the HEROES Act. T he engrossed version in the House was titled the HEROES Act. As~~
~~introduced in the Senate, the title was the Heroes Act.~~
~~98 See Division A, T itle VI.~~
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25

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

vote of 208 to 199. Sections 50001-50004 would Sections 50001-50004 would ~~extend~~have extended the authorization of the temporary UI programs the authorization of the temporary UI programs created in created in
the CARES act, including the additional $600/week FPUC payment, the PUA program, and the the CARES act, including the additional $600/week FPUC payment, the PUA program, and the
PEUC program for weeks of unemployment ending on or before January 31, 2021 (hereinafter, PEUC program for weeks of unemployment ending on or before January 31, 2021 (hereinafter,
through January 2021).through January 2021).99114 The bil would also The bil would also ~~provide a phase-out~~have provided a phaseout period, meaning that individuals period, meaning that individuals
already receiving these UI benefits at the time of expiration (i.e., end of January 2021) would 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, or PEUC would be 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. paid for any week of unemployment beginning after March 31, 2021. Additional y,Additional y, the bilthe bil would would
~~require~~have required the disregard of FPUC income for purposes of al the disregard of FPUC income for purposes of al federal and federal y-assisted programs. federal and federal y-assisted programs.
Section 50004 would Section 50004 would ~~extend~~have extended through January 2021 the 100% federal financing for UC benefits 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 period. Section 50005 would ~~extend~~have extended through January 2021 the 50% federal funding of regular UC 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 recognized Indian tribes, and nonprofit organizations that have opted federal y recognized Indian tribes, and nonprofit organizations that have opted to reimburse states 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 have al owed~~al ow~~ 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 electronical y mediated employment. This applicable data with respect to an individual’s electronical y mediated employment. This ~~would~~
~~al ow~~ would have al owed individuals to provide items such as ride sharing applications data for individuals to provide items such as ride sharing applications data for determining income. determining income.
Section 50007 would Section 50007 would ~~extend~~have extended the FFCRA temporary waiver of interest payments and the the FFCRA temporary waiver of interest payments and the accrual accrual
of interest on federal advances (loans) to states to pay UC benefits through June 30, 2021, of interest on federal advances (loans) to states to pay UC benefits through June 30, 2021, but it but it
would not reduce any underlying loan principal. would not reduce any underlying loan principal.
Section 50008 would Section 50008 would ~~extend~~have extended the FFCRA provisions that temporarily make EB 100% the FFCRA provisions that temporarily make EB 100% federal y federal y
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 workers]) from
~~enactment until the end of June 30, 2021.~~
~~Sections 50009 and 50010 would extend~~enactment until the end of June 30, 2021. 112 At its introduction in the House of Representatives, the bill was titled the Health and Economic Recovery Omnibus Emergency Solutions Act, or the HEROES Act. T he engrossed version in the House was titled the HEROES Act. As introduced in the Senate, the title was the Heroes Act. 113 See Division A, T itle VI. 114 T he Heroes Act would also have provided comparable extensions for temporary RRUI benefits created under the CARES Act. Congressional Research Service 32 Sections 50009 and 50010 would have extended the 100% federal financing of STC (work sharing) in 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. Additional y,January 2021. Additional y, Section 50011 would Section 50011 would ~~create~~have created a retroactive grace period a retroactive grace period for any state for any state
that converts from a temporary STC program into a permanent law program. that converts from a temporary STC program into a permanent law program.
Title VI would Title VI would ~~provide~~have provided additional additional funding to DOL, including $15 mil ion for federal UI funding to DOL, including $15 mil ion for federal UI
administration.administration.~~100~~115 Section 10601 would also Section 10601 would also ~~provide~~have provided supplemental funding of $28.6 mil ion for supplemental funding of $28.6 mil ion for
UI administration, with a contingency trigger to provide an additional $28.6 mil ion for each UI administration, with a contingency trigger to provide an additional $28.6 mil ion for each
100,000 UI claims over the 1,758,000 average weekly insured unemployment (AWIU) 100,000 UI claims over the 1,758,000 average weekly insured unemployment (AWIU)
baseline.baseline.~~101~~116 The Congressional Budget Office (CBO) estimates that Section 10601 would provide The Congressional Budget Office (CBO) estimates that Section 10601 would provide
$925 mil ion in additional budget authority in FY2021. $925 mil ion in additional budget authority in FY2021.~~102~~

~~99 T he Heroes Act would also provide comparable extensions for temporary RRUI benefits created under the CARES~~
~~Act.~~
~~100 T his title would also provide $5 million to for the administration of RRUI benefits, including $500,000 for the~~
~~Office of the Inspector General.~~
~~101 For an overview of UI administrative funding, see CRS In Focus IF10838,~~ ~~Funding the State Administration of~~
~~Unem ploym ent Com pensation (UC) Benefits~~.
~~102 CBO estimates are based on estimates of average weekly insured unemployment derived from CBO’s interim~~
~~projection for the unemployment rate. See T able 2 in Congressional Budget Office,~~ ~~CBO Estim ate 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.~~
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117
H.R. 925, Heroes Act (Revised)/H.R. 8406/S. 4771
The revised Heroes Act was introduced by Representative Nita Lowey on September 29, 2020, as The revised Heroes Act was introduced by Representative Nita Lowey on September 29, 2020, as
H.R. 8406. The bil wouldH.R. 8406. The bil would have, among other provisions, , among other provisions, ~~amend and extend~~amended and extended most of the most of the provisions of provisions of
the UI provisions in the CARES Act, as wel as the EB financing provisions of the UI provisions in the CARES Act, as wel as the EB financing provisions of FFCRA. The bilFFCRA. The bil
would also would also ~~appropriate~~have appropriated additional additional funds for UI program administration. funds for UI program administration.
Division A, Title VIII Division A, Title VIII, of the revised Heroes Act would of the revised Heroes Act would ~~provide~~have provided additional funding to DOL, additional funding to DOL,
including $15 mil ion for federal UI administration.including $15 mil ion for federal UI administration.~~103~~118 It would also It would also ~~provide~~have provided supplemental supplemental
funding of $28.6 mil ion for UI administration, with a contingency trigger to provide an funding of $28.6 mil ion for UI administration, with a contingency trigger to provide an
additional $28.6 mil ion for each 100,000 UI claims over the 1,758,000 average weekly insured additional $28.6 mil ion for each 100,000 UI claims over the 1,758,000 average weekly insured
unemployment (AWIU) baseline. unemployment (AWIU) baseline.~~104~~119
Division I of the revised Heroes Act Division I of the revised Heroes Act ~~includes~~included UI provisions that would UI provisions that would ~~extend and expand~~have extended and expanded many ~~many~~
of the temporary UI provisions within the CARES Act and FFCRA. (S. 4771 of the temporary UI provisions within the CARES Act and FFCRA. (S. 4771 ~~includes~~included the same the same
UI provisions as found in Division I of the revised Heroes Act.) On October 1, 2020, the revised UI provisions as found in Division I of the revised Heroes Act.) On October 1, 2020, the revised
Heroes Act was passed by the House as the House Amendment to the Senate Heroes Act was passed by the House as the House Amendment to the Senate Amendment to H.R. Amendment to H.R.
925. Below is a summary of the significant provisions of Division I in the 925. Below is a summary of the significant provisions of Division I in the revised Heroes Act. revised Heroes Act.
Division I, Title I Division I, Title I, of the revised Heroes Act would of the revised Heroes Act would ~~amend~~have amended the authorization of the $600 the authorization of the $600 weekly weekly
FPUC benefit to include the weeks of unemployment beginning after September 5, 2020, through FPUC benefit to include the weeks of unemployment beginning after September 5, 2020, through
the week ending on or before January 31, 2021. The amendment would include a the week ending on or before January 31, 2021. The amendment would include a ~~phase out,~~
phaseout, al owing individualsal owing individuals who had not exhausted their regular UC entitlement to receive FPUC for any who had not exhausted their regular UC entitlement to receive FPUC for any
week of unemployment as long as the individual is eligible for regular UC, but ending the week week of unemployment as long as the individual is eligible for regular UC, but ending the week
beginning on or after March 31, 2021. Additional y, al FPUC payments would beginning on or after March 31, 2021. Additional y, al FPUC payments would be disregarded as be disregarded as
income for the month of receipt and for nine months after receipt for the purposes of determining income for the month of receipt and for nine months after receipt for the purposes of determining
~~eligibility for benefits or assistance under any federal program (or under~~ eligibility for benefits or assistance under any federal program (or under 115 T his title would also provide $5 million to for the administration of RRUI benef its, including $500,000 for the Office of the Inspector General. 116 For an overview of UI administrative funding, see CRS In Focus IF10838, Funding the State Administration of Unem ploym ent Com pensation (UC) Benefits. 117 CBO estimates are based on estimates of average weekly insured unemployment derived from CBO’s interim projection for the unemployment rate. See T able 2 in Congressional Budget Office, CBO Estim ate 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. 118 T his title would also have provided $5 million for the administration of RRUI benefits, including $500,000 for the Office of the Inspector General. 119 For an overview of UI administrative funding, see CRS In Focus IF10838, Funding the State Administration of Unem ploym ent Com pensation (UC) Benefits. Congressional Research Service 33 any state or local any state or local
program financed in whole or part with federal funds). This income disregard program financed in whole or part with federal funds). This income disregard would be would be
retroactive to the CARES Act enactment.retroactive to the CARES Act enactment.
Additional y, Division I, Title I Additional y, Division I, Title I, of the revised Heroes Act would of the revised Heroes Act would ~~extend~~have extended the authorization the authorization of PUA of PUA
and PEUC through the week ending on or before January 31, 2021. It would and PEUC through the week ending on or before January 31, 2021. It would ~~provide~~have provided states with states with
the authority to waive PUA overpayments in situations of no-fault hardship. the authority to waive PUA overpayments in situations of no-fault hardship. ~~Final y,~~ Title I would Title I would
~~(1) extend~~have (1) extended the temporary federal financing of STC programs; (2) the temporary federal financing of STC programs; (2) ~~extend~~ extended the 100% federal the 100% federal
financing of the first week of regular UC in states with no waiting week through January 31, financing of the first week of regular UC in states with no waiting week through January 31,
2021; and (3) explicitly al 2021; and (3) explicitly al owowed employers who rehire staff after layoffs caused by employers who rehire staff after layoffs caused by the pandemic to the pandemic to
be eligible to participate in STC. be eligible to participate in STC.
Division I, Title II Division I, Title II, of the revised Heroes Act would of the revised Heroes Act would ~~create~~have created a new 13-week Pandemic Emergency a new 13-week Pandemic Emergency
Unemployment Extension Compensation (PEUEC) benefit for individualsUnemployment Extension Compensation (PEUEC) benefit for individuals who have who have exhausted exhausted
al entitlement to al of the following UI benefits: regular UC, PEUC, EB, and PUA.al entitlement to al of the following UI benefits: regular UC, PEUC, EB, and PUA.~~105 The~~
~~PEUEC~~ 120 The PEUEC benefit amount would benefit amount would behave been equal to the UC benefit amount plus the amount of FPUC. equal to the UC benefit amount plus the amount of FPUC.
PEUEC would PEUEC would behave been authorized through weeks of unemployment ending on or before authorized through weeks of unemployment ending on or before January 31, January 31,
2021. 2021.
Division I, Title Division I, Title ~~III~~IV, of the revised Heroes Act would of the revised Heroes Act would ~~extend~~have extended 100% federal financing of EB 100% federal financing of EB
through June 30, 2021. Section 402 would through June 30, 2021. Section 402 would ~~extend~~have extended interest-free federal loans to insolvent interest-free federal loans to insolvent states to pay for UC benefits through June 30, 2021. Section 403 would have extended the ~~states to~~

~~103 T his title would also provide $5 million for the administration of RRUI benefits, including $500,000 for the Office~~
~~of the Inspector General.~~
~~104 For an overview of UI administ rative funding, see CRS In Focus IF10838,~~ ~~Funding the State Administration of~~
~~Unem ploym ent Com pensation (UC) Benefits~~.
~~105 As drafted, it appears individuals who were only entitled to PUA and had no initial underlying UC entitlement~~
~~would not be eligible for PEUEC.~~
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

~~pay for UC benefits through June 30, 2021. Section 403 would extend the~~ authorization of the authorization of the
50% federal funding of regular state UI benefits for reimbursing employers 50% federal funding of regular state UI benefits for reimbursing employers through June 30, through June 30,
2021. 2021.
Division I, Title V Division I, Title V, of the revised Heroes Act would of the revised Heroes Act would ~~require~~have required states to report weekly on UC, EB, states to report weekly on UC, EB,
PUA, and PEUC claim backlogs and to submit corrective action plans to the DOL. PUA, and PEUC claim backlogs and to submit corrective action plans to the DOL. Additional y,Additional y,
it would it would ~~require~~have required DOL to report backlogs to the House Committee on Ways DOL to report backlogs to the House Committee on Ways and Means and the and Means and the
Senate Committee on Finance. Senate Committee on Finance.
Division I, Title VI Division I, Title VI, of the revised Heroes Act would of the revised Heroes Act would ~~supplement~~have supplemented FPUC with a federal y financed FPUC with a federal y financed
Mixed Earner Unemployment Compensation (MEUC) payment of $125 for individuals who Mixed Earner Unemployment Compensation (MEUC) payment of $125 for individuals who
received at least $5,000 in self-employment income for the most recent taxable year ending prior received at least $5,000 in self-employment income for the most recent taxable year ending prior
to the individual’s application for regular UC. States would have to opt to participate in to the individual’s application for regular UC. States would have to opt to participate in MEUC. MEUC.
Division Q, Title III Division Q, Title III, of the revised Heroes Act would of the revised Heroes Act would ~~amend~~have amended the RRUI provisions of the Cares the RRUI provisions of the Cares
Act and FFCRA to al ow RRUI benefits to be on par with the changes in the UI provisions Act and FFCRA to al ow RRUI benefits to be on par with the changes in the UI provisions
described in Division I, Title I of the revised Heroes Act. In addition, Division Q, Title III, described in Division I, Title I of the revised Heroes Act. In addition, Division Q, Title III,
Section 303 of the revised Heroes Act would Section 303 of the revised Heroes Act would ~~exempt~~have exempted al benefits paid by the Railroad al benefits paid by the Railroad ~~Retirement~~
Retirement Board, including RRUI benefits, from the mandatory sequester under the BCA.Board, including RRUI benefits, from the mandatory sequester under the BCA.~~106~~121
H.R. 6582
Representative Jahana Hayes introduced H.R. 6582, the Food for Working Families Act of 2020, Representative Jahana Hayes introduced H.R. 6582, the Food for Working Families Act of 2020,
on April 21, 2020. H.R. 6582 would on April 21, 2020. H.R. 6582 would ~~disregard~~have disregarded FPUC payments for the purposes of the FPUC payments for the purposes of the
Supplement Nutrition Assistance Programs (SNAP). Supplement Nutrition Assistance Programs (SNAP).~~107~~122 120 As drafted, it appears individuals who were only entitled to PUA and had no initial underlying UC entitlement would not be eligible for PEUEC. 121 For information on sequestration and railroad unemployment and sickness benefits, see CRS In Focus IF10481, Railroad Retirem ent Board: Retirem ent, Survivor, Disability, Unem ploym ent, and Sickness Benefits. 122 For background on SNAP, see CRS Report R42505, Supplemental Nutrition Assistance Program (SNAP): A Primer on Eligibility and Benefits. Congressional Research Service 34
H.R. 6680/S. 3619
On May 1, 2020, Representative Daniel Kildee introduced H.R. 6680, the Strengthening On May 1, 2020, Representative Daniel Kildee 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 bil to H.R. 6680: S. 3619 (also named the Senator Jack Reed introduced the Senate companion bil 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 H.R. 6680 and S. 3619 would ~~amend~~have amended the authorization for the FPUC payment to (1) make FPUC 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 extend the authorization for FPUC payments through weeks of unemployment beginning on or or
after January 1, 2021, with a after January 1, 2021, with a ~~phase-out~~phaseout period through June 2021 (individuals already receiving 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 bil s would also benefit with no FPUC payable for any beginning after June 30, 2021). These bil s would also
codify the current DOL interpretation that individuals receiving STC benefits are eligible for the codify the current DOL interpretation that individuals receiving STC benefits are eligible for the
$600 weekly FPUC payment. Additional y, H.R. 6680 and S. 3619 would $600 weekly FPUC payment. Additional y, H.R. 6680 and S. 3619 would ~~require~~have required the ~~the~~ disregard of disregard of
FPUC and for purposes of al federal and federal y assisted programs. FPUC and for purposes of al federal and federal y assisted programs.
H.R. 6680 and S. 3619 would H.R. 6680 and S. 3619 would ~~create~~have created a new, federal y financed $300 weekly benefit for a new, federal y 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.

~~106 For information on sequestration and railroad unemployment and sickness benefits, see CRS In Focus IF10481,~~
Railroad Retirem ent Board: Retirem ent, Survivor, Disability, Unem ploym ent, and Sickness Benefits.
~~107 For background on SNAP, see CRS Report R42505,~~ ~~Supplemental Nutrition Assistance Program (SNAP): A Primer~~
~~on Eligibility and Benefits~~.
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~~Unemployment Insurance: Legislative Issues in the 116th Congress~~

~~H.R. 6680 and S. 3619 would extend~~ H.R. 6680 and S. 3619 would have extended the FFCRA provisions that temporarily make EB 100% the FFCRA provisions that temporarily make EB 100%
federal y financed (with the exception of “non-sharable” compensation [e.g., state and local federal y 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 Representative Nydia ~~Velazquez~~Velázquez 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 Compensation from Income Act, on May 1, 2020. H.R. 6695 would ~~exclude~~have excluded FPUC benefit FPUC benefit
amounts from gross income calculations for federal income tax purposes and for purposes of al amounts from gross income calculations for federal income tax purposes and for purposes of al
federal and federal y-assisted programs. federal and federal y-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 to Work Act. H.R. 6805 would ~~cap~~have capped the total amount of UI benefits individuals the total amount of UI benefits individuals may may receive under receive under
the CARES Act (i.e., UI, FPUC, PUA), not to exceed the individual’s average the CARES Act (i.e., UI, FPUC, PUA), not to exceed the individual’s average weekly wages 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 On March 26, 2020, Representative Dan Crenshaw introduced H.R. 7013, the Jump-Start the
American Economy Act. This American Economy Act. This ~~proposal would authorize~~bil would have authorized reemployment support benefits of $600 reemployment support benefits of $600
weekly for anyone previously eligible for FPUC and is no longer eligible because of weekly for anyone previously eligible for FPUC and is no longer eligible because of
reemployment. These reemployment support payments would reemployment. These reemployment support payments would behave been available for up to six weeks or available for up to six weeks or
the expiration of FPUC (currently ending on or before July 31, 2020 [June 25, 2020 in the expiration of FPUC (currently ending on or before July 31, 2020 [June 25, 2020 in ~~most~~
most states; June 26, 2020 in New York]), whichever is earlier. states; June 26, 2020 in New York]), whichever is earlier.
H.R. 7066
Representative Kevin Representative Kevin Brady, introduced H.R. 7066, the Reopening America by Supporting Brady, introduced H.R. 7066, the Reopening America by Supporting
Workers and Businesses Act of 2020, on June 1, 2020. This proposal would Workers and Businesses Act of 2020, on June 1, 2020. This proposal would ~~authorize~~have authorized up to two up to two
weeks of FPUC payments ($1,200, al owable as one lump-sum payment) for individuals weeks of FPUC payments ($1,200, al owable as one lump-sum payment) for individuals
Congressional Research Service 35 reemployed in the week after being previously eligible for FPUC. These return-to-work payments reemployed in the week after being previously eligible for FPUC. These return-to-work payments
would would behave been payable from enactment through the week ending on or before July 31, 2020 (June 25, 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 bil would also 2020 in most states; June 26, 2020 in New York). This bil would also ~~require~~ have required states to (1) set up states to (1) set up
procedures for employer reporting of UI claimants who refuse offers of suitable work (e.g., 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 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 and information on denial of UI claims related to refusal of suitable work. In suitable work. In
addition, this proposal would addition, this proposal would ~~make~~have made technical corrections to the funding relief for government technical corrections to the funding relief for government
entities and nonprofits authorized under Section 2103 of the CARES Act entities and nonprofits authorized under Section 2103 of the CARES Act (P.L. 116-136 ).(P.L. 116-136 ).~~108~~123
H.R. 7371/S. 4083
On June 25, 2020, Representative Mark Pocan introduced H.R. 7371, the Rebuilding Main Street On June 25, 2020, Representative Mark Pocan introduced H.R. 7371, the Rebuilding Main Street
Act, and Senator Chris Van Hollen introduced Act, and Senator Chris Van Hollen introduced ~~the Senate~~a companion bil to H.R. 7371, S. 4083 companion bil to H.R. 7371, S. 4083
(also named the Rebuilding Main Street Act). H.R. 7371/S. 4083 would (also named the Rebuilding Main Street Act). H.R. 7371/S. 4083 would ~~extend~~have extended the authorization the authorization
of FPUC payments through the week ending on or before December 31, 2020 (December 26, of FPUC payments through the week ending on or before December 31, 2020 (December 26,
2020, in most states). Among additional, non-UI-program provisions, H.R. 7371/S. 4083 would 2020, in most states). Among additional, non-UI-program provisions, H.R. 7371/S. 4083 would
also also ~~make~~have made several changes to the temporary federal financing of Short- several changes to the temporary federal financing of Short- Time Compensation, as enacted under the CARES Act. Additional y, it would have expanded the ~~Time Compensation, as~~

~~108 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.~~
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~~enacted under the CARES Act. Additional y, it would expand the~~ availability of STC benefits in availability of STC benefits in
both the permanent and temporary STC programs to include seasonal workers, workers returning both the permanent and temporary STC programs to include seasonal workers, workers returning
from layoffs to partial employment, and workers who from layoffs to partial employment, and workers who experience reductions in work between experience reductions in work between
20% and 80% of typical hours. 20% and 80% of typical hours.
H.R. 7691/S. 4442
Representative Adam Schiff introduced H.R. 7691, the Mixed Earner Pandemic Unemployment Representative Adam Schiff introduced H.R. 7691, the Mixed Earner Pandemic Unemployment
Assistance Act, on July 20, 2020. H.R. 7691 would Assistance Act, on July 20, 2020. H.R. 7691 would ~~amend~~have amended PUA eligibility to al ow PUA eligibility to al ow ~~individuals~~
individuals who are eligible for regular state UI benefits, but are unemployed, partial y unemployed, or who are eligible for regular state UI benefits, but are unemployed, partial y unemployed, or
unable to work due to COVID-19, and who earned at least $7,250 from self-employment in the unable to work due to COVID-19, and who earned at least $7,250 from self-employment in the
most recent tax year to elect to be covered by PUA (rather than regular state most recent tax year to elect to be covered by PUA (rather than regular state UI benefits). On UI benefits). On
August 8, 2020, Senator Mark Warner introduced August 8, 2020, Senator Mark Warner introduced ~~its~~a companion bil , S. 4442. companion bil , S. 4442.
H.R. 7762
On July 23, 2020, Representative Xochitl Torres Smal introduced H.R. 7762, the Back on Your On July 23, 2020, Representative Xochitl Torres Smal introduced H.R. 7762, the Back on Your
Feet Act. H.R. 7762 would Feet Act. H.R. 7762 would ~~extend~~have extended FPUC authorization through the week ending on or before FPUC authorization through the week ending on or before
January 31, 2021 (January 31, 2021, in most states). H.R. 7762 would also January 31, 2021 (January 31, 2021, in most states). H.R. 7762 would also ~~create a~~ have created a phaseout for phaseout for
FPUC so that individuals eligible for a FPUC payment based on regular, state UI benefits at the FPUC so that individuals eligible for a FPUC payment based on regular, state UI benefits at the
time of expiration would continue to receive FPUC until they have exhausted their regular, state time of expiration would continue to receive FPUC until they have exhausted their regular, state
UI benefits (although no FPUC payments would be payable after the week ending on or before UI benefits (although no FPUC payments would be payable after the week ending on or before
July 31, 2021). Additional y, H.R. 7762 would July 31, 2021). Additional y, H.R. 7762 would ~~exclude~~have excluded FPUC benefit amounts from gross income FPUC benefit amounts from gross income
calculations for federal income tax purposes and for purposes of al federal calculations for federal income tax purposes and for purposes of al federal and federal yand federal y assisted assisted
programs. programs.
H.R. 7762 would also H.R. 7762 would also ~~extend~~have extended the authorization for both PUA and PEUC through the week ending the authorization for both PUA and PEUC through the week ending
on or before January 31, 2021. This bil would on or before January 31, 2021. This bil would ~~create~~have created phaseouts for both PUA and phaseouts for both PUA and PEUC so that PEUC so that
~~individuals~~ individuals receiving PUAreceiving PUA and PEUC benefits at the time of expiration would continue to receive and PEUC benefits at the time of expiration would continue to receive
these benefits until they have exhausted the maximum duration (no PUA these benefits until they have exhausted the maximum duration (no PUA 123 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 36 benefits would be benefits would be
payable after the week ending on or before October 31, 2021; and no PEUC benefits would be payable after the week ending on or before October 31, 2021; and no PEUC benefits would be
payable after the week ending on or before April 30, 2021). H.R. 7762 would payable after the week ending on or before April 30, 2021). H.R. 7762 would ~~also authorize~~ also have authorized state ~~state~~
waivers of PUA benefit overpayment recovery in cases of hardship. waivers of PUA benefit overpayment recovery in cases of hardship.
H.R. 7762 would H.R. 7762 would ~~authorize~~have authorized a one-time payment of $3,600 to individuals who were eligible for a one-time payment of $3,600 to individuals who were eligible for
FPUC for any week after enactment, but are no longer eligible for FPUC due to earnings after FPUC for any week after enactment, but are no longer eligible for FPUC due to earnings after
returning to work (and no FPUC would be subsequently payable to an individual receiving this returning to work (and no FPUC would be subsequently payable to an individual receiving this
$3,600 payment for at least six weeks after reemployment). $3,600 payment for at least six weeks after reemployment).
H.R. 7762 would H.R. 7762 would ~~provide~~have provided up to a total of $2 bil ion in additional up to a total of $2 bil ion in additional emergency administrative grants emergency administrative grants
to states in FY2020 if states certify that they have policies that ensure safe returns to work (i.e., to states in FY2020 if states certify that they have policies that ensure safe returns to work (i.e.,
good causes quits and refusal of suitable work for workplaces with unreasonable health and safety good causes quits and refusal of suitable work for workplaces with unreasonable health and safety
risks) and waivers of benefit overpayment recovery in cases of hardship. States would only risks) and waivers of benefit overpayment recovery in cases of hardship. States would only be be
able to use funds from these emergency administrative grants for the purposes of program able to use funds from these emergency administrative grants for the purposes of program
administration, including information technology upgrades and improvements in benefit administration, including information technology upgrades and improvements in benefit
application and processing. H.R. 7762 would also application and processing. H.R. 7762 would also ~~provide~~have provided up to $3 mil ion up to $3 mil ion in grants to in grants to ~~territories~~
territories for the purposes of administering PUA and FPUC. for the purposes of administering PUA and FPUC.
~~Final y,~~ H.R. 7762 would H.R. 7762 would ~~require~~have required, as a condition of state agreements to pay FPUC, that states , as a condition of state agreements to pay FPUC, that states
report weekly information on processing backlogs related to UI claims, including state UI report weekly information on processing backlogs related to UI claims, including state UI
benefits, EB, benefits, EB, and UI benefits authorized by the CARES Act, among other requirements. and UI benefits authorized by the CARES Act, among other requirements.
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H.R. 7821/S. 4361
On July 29, 2020, Representative Don Beyer introduced H.R. 7821 and Senator Jack Reed On July 29, 2020, Representative Don Beyer introduced H.R. 7821 and Senator Jack Reed
introduced S. 4361. H.R. 7821/S. 4361, the Worker Relief and Security Act, would introduced S. 4361. H.R. 7821/S. 4361, the Worker Relief and Security Act, would ~~extend~~ have extended and and
expand the temporary UI benefits created under the CARES Act. Specifical y, H.R. 7821/S. 4361 expand the temporary UI benefits created under the CARES Act. Specifical y, H.R. 7821/S. 4361
would would ~~extend~~have extended FPUC authorization at $600 per week until 30 days after the termination of a FPUC authorization at $600 per week until 30 days after the termination of a
~~Presidential~~presidential emergency declaration related to COVID-19; after that point FPUC emergency declaration related to COVID-19; after that point FPUC would be would be
authorized at $450 per week for the next 13 weeks, and beyond that FPUC would be authorized at authorized at $450 per week for the next 13 weeks, and beyond that FPUC would be authorized at
either $300 or $200 per week, depending on the state unemployment rate (until state either $300 or $200 per week, depending on the state unemployment rate (until state or national or national
unemployment is less than 5.5%). unemployment is less than 5.5%).
In addition, H.R. 7821/S. 4361 would In addition, H.R. 7821/S. 4361 would ~~expand~~have expanded PUA and PEUC PUA and PEUC to provide additional tiers of to provide additional tiers of
benefits after January 31, 2021, depending on state unemployment rates. The bil would also benefits after January 31, 2021, depending on state unemployment rates. The bil would also
~~expand~~have expanded eligibility for PUA in several ways, including creating additional conditions that qualify eligibility for PUA in several ways, including creating additional conditions that qualify
as COVID-19-related unemployment (e.g., “the individual is otherwise unable to obtain as COVID-19-related unemployment (e.g., “the individual is otherwise unable to obtain
employment as a result of the COVID-19 national emergency”) and an expansion of PUA for employment as a result of the COVID-19 national emergency”) and an expansion of PUA for
individuals without a recent labor market attachment. individuals without a recent labor market attachment.
~~Final y,~~ H.R. 7821/S. 4361 would H.R. 7821/S. 4361 would ~~provide~~have provided up to a total of $5 bil ion in additional emergency up to a total of $5 bil ion in additional emergency
administrative grants to states in FY2020. States would only be able to use funds from these administrative grants to states in FY2020. States would only be able to use funds from these
emergency administrative grants for the purposes of program administration. emergency administrative grants for the purposes of program administration.
H.R. 7846
Representative Katie Porter introduced H.R. 7846, the Support Working Families Act of 2020, on Representative Katie Porter introduced H.R. 7846, the Support Working Families Act of 2020, on
July 29, 2020. H.R. 7846 would July 29, 2020. H.R. 7846 would ~~amend~~have amended the eligibility requirement for PUA to include the eligibility requirement for PUA to include ~~additional~~
additional COVID-19-related circumstances in which an individual is unemployed, partial y COVID-19-related circumstances in which an individual is unemployed, partial y unemployed, or unemployed, or
~~unable to work due to primary caregiving responsibilities.~~
unable to work due to primary caregiving responsibilities. Congressional Research Service 37 H.R. 8812/S. 5037 On November 24, 2020, Representative Jaime Herrera Beutler introduced H.R. 8812, the Relief for Working Families Act of 2020. On December 16, 2020, Senator Tammy Duckworth introduced an identical bil , S. 5037. These bil s would have provided authority for states to waive recovery of PUA overpayments in cases of non-fault and hardship (retroactive for any PUA overpayment). A similar provision was enacted in the Continued Assistance Act. 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 Families, on May 12, 2020. S. 3696 would ~~exclude~~have excluded FPUC benefit amounts in determining FPUC benefit amounts in determining
eligibility for and the amount of the tax credit for health care premium assistance and for means eligibility for and the amount of the tax credit for health care premium assistance and for means
tested federal benefit programs. tested federal benefit programs.
S. 3771/H.R. 7959
On May 20, 2020, Senator Joni Ernst introduced S. 3771, the Returning Inappropriate Cash On May 20, 2020, Senator Joni Ernst introduced S. 3771, the Returning Inappropriate Cash
Handouts (RICH) Act. On August 7, 2020, Representative John Curtis introduced an identical Handouts (RICH) Act. On August 7, 2020, Representative John Curtis introduced an identical
bil ,bil , H.R. 7959. These bil s would H.R. 7959. These bil s would ~~prohibit~~have prohibited the payment of any PUA or FPUC benefits to the payment of any PUA or FPUC benefits to
individuals with an adjusted gross income of $1 mil ion or greater, effective after enactment. individuals with an adjusted gross income of $1 mil ion or greater, effective after enactment.
S. 3857
Senator Kel y Loeffler introduced S. 3857, on June 1, 2020. For weeks of unemployment Senator Kel y Loeffler introduced S. 3857, on June 1, 2020. For weeks of unemployment
beginning on or after June 1, 2020, this proposal would beginning on or after June 1, 2020, this proposal would ~~limit~~have limited the total UI weekly benefit payment, the total UI weekly benefit payment,
including amounts paid from regular state UI benefits, PUA, PEUC and FPUC, to the including amounts paid from regular state UI benefits, PUA, PEUC and FPUC, to the amount of amount of
the prior average weekly wages on which the UI benefits are based. This benefit payment cap the prior average weekly wages on which the UI benefits are based. This benefit payment cap
would also would also ~~apply~~have applied to the combination of STC benefits and wages paid by an to the combination of STC benefits and wages paid by an employer for individuals receiving STC.~~employer for~~
~~individuals receiving STC.~~
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S. 4143
On July 1, 2020, Senator Chuck Schumer introduced S. 4143, the American Workforce Rescue On July 1, 2020, Senator Chuck Schumer introduced S. 4143, the American Workforce Rescue
Act of 2020. S. 4143 would Act of 2020. S. 4143 would ~~extend~~have extended the authority for FPUC payments and the authority for FPUC payments and ~~make~~made the FPUC the FPUC
payment amount variable based on state unemployment rates. The FPUC payment would have six payment amount variable based on state unemployment rates. The FPUC payment would have six
tiers and range from $100 to $600 weekly based upon the three-month average state tiers and range from $100 to $600 weekly based upon the three-month average state
unemployment rates (ranging from 6% to 11%).unemployment rates (ranging from 6% to 11%).~~109~~124 Similarly, this proposal would Similarly, this proposal would ~~extend~~ have extended the the
authority for PEUC and authority for PEUC and ~~make~~made PEUC duration variable based upon state unemployment rates. PEUC duration variable based upon state unemployment rates.
PEUC would have four tiers available depending on three-month average state unemployment 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 rates (ranging from 13 to 52 weeks total). This proposal would also ~~extend~~have extended the authority for PUA the authority for PUA
and duration of PUA benefits in the same manner as PEUC.and duration of PUA benefits in the same manner as PEUC.~~110~~125 In addition, S. 4143 would In addition, S. 4143 would ~~extend~~
have extended the authority for additionalthe authority for additional temporary UI measures authorized under 124 T he FPUC authorization would have been extended until the three-month average unemployment rate in a state is below 6.0%. 125 Both PEUC and PUA authorizations would have been extended until the three-month average unemployment rate in a state is below 5.5%. Congressional Research Service 38 ~~temporary UI measures authorized under~~ FFCRA (P.L. 116-127 and FFCRA (P.L. 116-127 and
the CARES Act (P.L. 116-136) until the three-month average state the CARES Act (P.L. 116-136) until the three-month average state unemployment rate is below unemployment rate is below
5.5%.5.5%.~~111~~126
S. 4275
On July 22, 2020, Senator John Thune introduced S. 4275, the Pandemic Unemployment On July 22, 2020, Senator John Thune introduced S. 4275, the Pandemic Unemployment
Assistance Integrity Act. S. 4275 would Assistance Integrity Act. S. 4275 would ~~require~~have required PUA beneficiaries to provide PUA beneficiaries to provide ~~documentation~~
documentation substantiating employment or self-employment, or the planned commencement of employment or substantiating employment or self-employment, or the planned commencement of employment or
self-employment, within 30 days. Individuals who were receiving PUA prior to self-employment, within 30 days. Individuals who were receiving PUA prior to the enactment of the enactment of
the bilthe bil would need to provide the documentation within 90 days. would need to provide the documentation within 90 days.
S. 4318 (UI Provisions of the HEALS Act)
On July 27, 2020, Senator Chuck Grassley introduced S. 4318, the American Workers, Families, On July 27, 2020, Senator Chuck Grassley introduced S. 4318, the American Workers, Families,
and Employers Assistance Act. This bil is one component of a multi-bil plan that has been and Employers Assistance Act. This bil is one component of a multi-bil plan that has been
referred to as the Health, Economic Assistance, Liability Protection, and Schools (HEALS) referred to as the Health, Economic Assistance, Liability Protection, and Schools (HEALS)
Act.Act.~~112~~127 S. 4318 would S. 4318 would ~~extend~~have extended the authorization of FPUC through December 26, 2020 (December the authorization of FPUC through December 26, 2020 (December
27, 2020, for New York state). Additional y, this bil would 27, 2020, for New York state). Additional y, this bil would ~~alter~~have altered the amount of the weekly FPUC the amount of the weekly FPUC
benefit. Beginning July 26, 2020 (July 27, 2020, for New York state), the weekly FPUC benefit benefit. Beginning July 26, 2020 (July 27, 2020, for New York state), the weekly FPUC benefit
would drop to $200. Beginning October 4, 2020 (October 5, 2020, for New would drop to $200. Beginning October 4, 2020 (October 5, 2020, for New York), the FPUC York), the FPUC
payment would be altered again to provide up to 70% of lost earnings less the weekly payment would be altered again to provide up to 70% of lost earnings less the weekly
unemployment benefit amount. States would have the option of choosing that the 70% payment unemployment benefit amount. States would have the option of choosing that the 70% payment
be calculated for each individualbe calculated for each individual or by using the state’s average payments. In lieu of the or by using the state’s average payments. In lieu of the 70% calculation, states would have an alternative option to continue to pay a $200 FPUC benefit until November 28, 2020 (November 29, 2020, for New York state). S. 4378 On July 30, 2020, Senator Mitt Romney introduced S. 4378, the Federal Pandemic Unemployment Compensation Extension Act of 2020. S. 4378 would have extended the authorization of the FPUC benefit through October 31, 2020 (November 1, 2020, for New York state). Additional y, the bil would have altered the amount of the weekly FPUC benefit. Beginning July 26, 2020 (July 27, 2020, for New York state), the FPUC benefit would drop to $500 a week, or states could opt to provide up to 80% of lost earnings less the weekly unemployment benefit amount (capped at $500 weekly). Beginning August 29, 2020 (August 30, 2020, for New York state), the FPUC payment would be decreased to $400 a week, or states could opt to provide up to 80% of lost earnings less the weekly unemployment benefit amount (capped at $500 weekly). Beginning September 26, 2020 (September 27, 2020, for New York state) the FPUC payment would be decreased to $300 weekly or states could opt to provide up to 126~~70%~~

~~109 T he FPUC authorization would be extended until the three-month average unemployment rate in a state is below~~
~~6.0%.~~
~~110 Both PEUC and PUA authorizations would be extended until the three-month average unemployment rate in a state~~
~~is below 5.5%.~~
~~111~~ T hese extensions of temporary UI measures included the 100% federal financing of EB (with the exception of “non- T hese 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 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 interest on federal advances (loans) to states to pay UC ~~benefits~~benef its (would not reduce any underlying loan principal); the (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 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 governments, federally recognized Indian tribes, and nonprofit organizations that have ~~opted~~o pted not to pay UI taxes, but not to pay UI taxes, but
instead reimburse states for UC benefits paid to their former employees); the 100% federal financing through the instead reimburse states for UC benefits paid to their former employees); the 100% federal financing through the ~~e nd~~end of of
December 2020 for UC benefits provided during the first week of unemployment in state UC programs with no oneDecember 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 ST C in states with existing programs and 50% federal financing for week waiting period; the 100% federal financing of ST C in states with existing programs and 50% federal financing for
states that set up ST C; and the waiver of the sevenstates that set up ST C; and the waiver of the seven -day waiting period for RRUI benefits. -day waiting period for RRUI benefits.
~~112~~127 Majority Leader Mitch McConnell, “McConnell Outlines Historic Relief Proposal for ‘An Important Crossroads in Majority Leader Mitch McConnell, “McConnell Outlines Historic Relief Proposal for ‘An Important Crossroads in
this Battle,” press release, July 27, 2020, at https://www.mcconnell.senate.gov/public/index.cfm/2020/7/mcconnell-this Battle,” press release, July 27, 2020, at https://www.mcconnell.senate.gov/public/index.cfm/2020/7/mcconnell-
outlines-historic-relief-proposal-for-an-important-crossroads-in-this-battle. outlines-historic-relief-proposal-for-an-important-crossroads-in-this-battle.
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~~calculation, states would have an alternative option to continue to pay a $200 FPUC benefit until~~
~~November 28, 2020 (November 29, 2020, for New York state).~~
~~S. 4378~~
~~On July 30, 2020, Senator Mitt Romney introduced S. 4378, the Federal Pandemic~~
~~Unemployment Compensation Extension Act of 2020. S. 4378 would extend the authorization of~~
~~the FPUC benefit through October 31, 2020 (November 1, 2020, for New York state).~~
~~Additional y, the bil would alter the amount of the weekly FPUC benefit. Beginning July 26,~~
~~2020 (July 27, 2020, for New York state), the FPUC benefit would drop to $500 a week, or states~~
~~could opt to provide up to~~ 39 80% of lost earnings less the weekly unemployment benefit amount 80% of lost earnings less the weekly unemployment benefit amount
~~(capped at $500 weekly). Beginning August 29, 2020 (August 30, 2020, for New York state), the~~
~~FPUC payment would be decreased to $400 a week, or states could opt to provide up to 80% of~~
~~lost earnings less the weekly unemployment benefit amount (capped at $500 weekly). Beginning~~
~~September 26, 2020 (September 27, 2020, for New York state) the FPUC payment would be~~
~~decreased to $300 weekly or states could opt to provide up to 80% of lost earnings less the~~
~~weekly unemployment benefit amount (capped at $500 weekly).~~ (capped at $500 weekly). Also, the bilAlso, the bil would would ~~require~~have required any any
FPUC benefits paid for weeks of unemployment beginning on or after October 4, 2020 (October FPUC benefits paid for weeks of unemployment beginning on or after October 4, 2020 (October
5, 2020, for New York state), to be considered as income for 5, 2020, for New York state), to be considered as income for the purposes of Medicaid and CHIP. the purposes of Medicaid and CHIP.
S. 4378 would S. 4378 would ~~increase~~have increased the temporary cost sharing provisions for reimbursing employers in the the temporary cost sharing provisions for reimbursing employers in the
CARES Act from 50% in federal funding of regular state UI benefits attributable to reimbursing CARES Act from 50% in federal funding of regular state UI benefits attributable to reimbursing
employers to 75% federal funding (decreasing the share for reimbursable employers employers to 75% federal funding (decreasing the share for reimbursable employers from 50% to from 50% to
25%).25%).
~~Final y,~~ S. 4378 would S. 4378 would ~~institute~~have instituted several program integrity measures, including requiring PUA several program integrity measures, including requiring PUA
beneficiaries to provide documentation of their income within 30 days. beneficiaries to provide documentation of their income within 30 days.
S. 4437/H.R. 7957
On August 4, 2020, Senator Tina Smith introduced S. 4437, the High School Student On August 4, 2020, Senator Tina Smith introduced S. 4437, the High School Student
Unemployment Eligibility Clarification Act of 2020. On August 7, 2020, Representative Angie Unemployment Eligibility Clarification Act of 2020. On August 7, 2020, Representative Angie
Craig introduced H.R. 7957, Craig introduced H.R. 7957, ~~the House~~a companion bil of the same name. S. 4437/ H.R. 7957 companion bil of the same name. S. 4437/ H.R. 7957
would would ~~amend~~have amended PUA eligibility to include individuals who otherwise meet the program’s eligibility PUA eligibility to include individuals who otherwise meet the program’s eligibility
requirements, but are students attending (or doing distance learning at) a high school. The change requirements, but are students attending (or doing distance learning at) a high school. The change
would would behave been effective retroactively to the date of enactment of the CARES Act (March 27, effective retroactively to the date of enactment of the CARES Act (March 27, 2020). 2020).
S.Amdt. 2652 to S. 178/S. 4775
On September 8, 2020, Senator Mitch McConnel offered S.Amdt. 2652, the Delivering On September 8, 2020, Senator Mitch McConnel offered S.Amdt. 2652, the Delivering
Immediate Relief to America’s Families, Schools and Smal Businesses Act, as a complete Immediate Relief to America’s Families, Schools and Smal Businesses Act, as a complete
substitute to S. 178. The proposal would substitute to S. 178. The proposal would ~~extend~~have extended the authorization of the FPUC benefit for weeks the authorization of the FPUC benefit for weeks
of unemployment through December 26, 2020 (December 27, 2020, for New York state), with the of unemployment through December 26, 2020 (December 27, 2020, for New York state), with the
amount of FPUC decreased to $300 weekly. Additional y, S.Amdt. 2652 would codify amount of FPUC decreased to $300 weekly. Additional y, S.Amdt. 2652 would codify that STC that STC
beneficiaries would be eligible for FPUC.beneficiaries would be eligible for FPUC.~~113~~

~~113 When previously authorized, FPUC was available to ST C beneficiaries, as set out under~~ 128 On September 30, 2020, Senator Mitch McConnel subsequently introduced the Delivering Immediate Relief to America’s Families, Schools and Smal Businesses Act as S. 4775, including the same UI provisions as in S.Amdt. 2652. S. 4771 Senator Ron Wyden introduced S. 4771, the Continued Assistance to Unemployed Workers Act of 2020, on September 30, 2020. S. 4771 contained similar UI provisions to those found in Division I of the revised Heroes Act (H.R. 8406/House Amendment to the Senate Amendment to H.R. 925). In addition, it would have amended the eligibility requirement for PUA to include additional COVID-19-related circumstances in which an individual is unemployed, partial y unemployed, or unable to work due to primary caregiving responsibilities in a manner similar to H.R. 7846. 128 When previously authorized, FPUC was available to ST C beneficiaries, as set out under DOL guidance. See DOL, DOL guidance. See DOL,
ET A, “Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 - Federal Pandemic Unemployment ET A, “Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 - Federal Pandemic Unemployment
Compensation (FPUC) Program Operating, Financial, and Reporting Instructions,” UIPL No. 15 -20, April 5, 2020, Compensation (FPUC) Program Operating, Financial, and Reporting Instructions,” UIPL No. 15 -20, April 5, 2020,
https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=9297. https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=9297.
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~~On September 30, 2020, Senator Mitch McConnel subsequently introduced the Delivering~~
~~Immediate Relief to America’s Families, Schools and Smal Businesses Act as S. 4775, including~~
~~the same UI provisions as in S.Amdt. 2652.~~
~~S. 4771~~
~~Senator Ron Wyden introduced S. 4771, the Continued Assistance to Unemployed Workers Act of~~
~~2020, on September 30, 2020. S. 4771 contains similar UI provisions to those found in Division I~~
~~of the revised Heroes Act (H.R. 8406/House Amendment to the Senate Amendment to H.R. 925).~~
~~In addition, it would amend the eligibility requirement for PUA to include additional COVID-19-~~
~~related circumstances in which an individual is unemployed, partial y unemployed, or unable to~~
~~work due to primary caregiving responsibilities in a manner similar to H.R. 7846.~~
~~UI Modernization and Program Integrity Proposals~~
40 S. 4935 Senator Ron Wyden introduced S. 4935, the American Worker Holiday Relief Act of 2020, on December 1, 2020. S. 4935 would have retroactively extended the $600 FPUC through September 2021 (with a phaseout period for individuals receiving FPUC at the time of this expiration, ending at the end of December 2021). Under this proposal, the additional weeks of PEUC and PUA would not expire so long as the three-month average national unemployment rate was at or above 5.5 percent and would remain available in higher unemployment states for so long as the state unemployment rate remained at or above 5.5 percent. The bil would have added 26 weeks of PEUC (for a total of 39) and 26 weeks for PUA (for a total of 65). An additional 13 weeks of PEUC would have been added for each percentage point a state’s unemployment rate was above 5.5 percent up to a maximum of 78 weeks when a state’s unemployment rate at or above 8.5 percent. The bil would have extended most UI provisions in the FFCRA and CARES Acts through September 2021 or until 13 weeks after a state triggered off of al additional weeks of PEUC. S. 4935 would have clarified PUA eligibility for workers who need to care for children whose schools are not fully open for in-person learning or whose employers are not following COVID-19 health and safety rules. The bil would also have al owed mixed-earning individuals who have qualified for regular state UI but have at least $7,250 in self-employment income to opt to receive PUA rather than UI. States would be required to offer federal income tax withholding to individuals receiving FPUC, PEUC, and PUA. Additional y, S. 4935 would have provided authority for states to waive recovery of PUA overpayments in cases of non-fault and hardship (retroactive for any PUA overpayment). UI Modernization and Program Integrity Proposals S. 4275/H.R. 8284
On July 22, 2020, Senator John Thune introduced S. 4275, the Pandemic Unemployment On July 22, 2020, Senator John Thune introduced S. 4275, the Pandemic Unemployment
Assistance Integrity Act. Representative Gary Palmer introduced an identical bil , H.R. 8284, on Assistance Integrity Act. Representative Gary Palmer introduced an identical bil , H.R. 8284, on
September 17, 2020. These bil s would September 17, 2020. These bil s would ~~require~~have required PUA applicants to provide documentation PUA applicants to provide documentation
substantiating employment or self-employment not later than 21 days after the individual applies substantiating employment or self-employment not later than 21 days after the individual applies
for PUA. Current PUA beneficiaries would have up to 90 days to provide the documentation. for PUA. Current PUA beneficiaries would have up to 90 days to provide the documentation.
S. 4244
On July 21, 2020, Senator Todd Young introduced S. 4244, the Unemployment Insurance On July 21, 2020, Senator Todd Young introduced S. 4244, the Unemployment Insurance
Systems Modernization Act of 2020. Among its UI program integrity measures, S. 4244 would Systems Modernization Act of 2020. Among its UI program integrity measures, S. 4244 would
~~require~~have required states to improve the flexibility of their information and technology systems and to states to improve the flexibility of their information and technology systems and to be be
able to handle large surges of claims.able to handle large surges of claims.~~114~~129 Additional y, states would have to automate both STC Additional y, states would have to automate both STC
claims as wel as DUA claims. claims as wel as DUA claims.
S. 4252
On July 21, 2020, Senator Ron Wyden introduced S. 4252, the Worker First Act of 2020. S. 4252 On July 21, 2020, Senator Ron Wyden introduced S. 4252, the Worker First Act of 2020. S. 4252
would would ~~authorize~~have authorized up to a total of $10 bil ion to be distributed among states that take steps to up to a total of $10 bil ion to be distributed among states that take steps to ensure ensure
worker safety, as wel as expand and modernize their unemployment insurance systems. worker safety, as wel as expand and modernize their unemployment insurance systems. 129 T his bill included UI program integrity measures as proposed in the President’s budget proposal for FY2021 and previous President’s budget proposals. Congressional Research Service 41 The ~~The~~
worker safety al otment would require states to enforce or create laws, policies, or regulations that worker safety al otment would require states to enforce or create laws, policies, or regulations that
require that “suitable work” must be in compliance with al applicable health and safety require that “suitable work” must be in compliance with al applicable health and safety
guidelines and standards related to the prevention of occupational exposure to COVID–19. guidelines and standards related to the prevention of occupational exposure to COVID–19.
Additional y, states would not disqualify individuals if they quit work because the workplace is Additional y, states would not disqualify individuals if they quit work because the workplace is
not in compliance with these health and safety standards. not in compliance with these health and safety standards.
The modernization al otment would require states to not disqualify individuals from UC for The modernization al otment would require states to not disqualify individuals from UC for
separating from employment if that separation is for any compel ing family reason, including separating from employment if that separation is for any compel ing family reason, including
domestic violence, sexual assault, stalking, and harassment; il ness or disability of an immediate domestic violence, sexual assault, stalking, and harassment; il ness or disability of an immediate
family member; or the need to accompany their spouse due to a change in location of the spouse’s family member; or the need to accompany their spouse due to a change in location of the spouse’s
employment. States would also be required to (1) not deny individualsemployment. States would also be required to (1) not deny individuals solely because they are solely because they are
seeking only part-time work, (2) define “suitable work” to include health and safety seeking only part-time work, (2) define “suitable work” to include health and safety

~~114 T his bill includes UI program integrity measures as proposed in the President’s budget proposal for FY2021 and~~
~~previous President’s budget proposals.~~
~~Congressional Research Service~~

34

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

considerations that ensure that a position shal not be deemed suitable for an individual if the considerations that ensure that a position shal not be deemed suitable for an individual if the
circumstances present any unusual risk to the health or safety of the individual, and (3) use a base circumstances present any unusual risk to the health or safety of the individual, and (3) use a base
period that includes the most recently completed calendar quarter before the start of the benefit period that includes the most recently completed calendar quarter before the start of the benefit
year to determine eligibility for unemployment compensation (sometimes cal ed an “alternative year to determine eligibility for unemployment compensation (sometimes cal ed an “alternative
base period”). base period”).
The expansion al otment would require that the state have permanent STC programs and that at The expansion al otment would require that the state have permanent STC programs and that at
least 26 weeks of regular UC benefits are available to individuals who qualify for benefits. least 26 weeks of regular UC benefits are available to individuals who qualify for benefits.
S. 4283
On July 22, 2020, Senator Ron Wyden introduced S. 4283, the Unemployment Insurance On July 22, 2020, Senator Ron Wyden introduced S. 4283, the Unemployment Insurance
Technology and Accessibility Act of 2020. S. 4283 would Technology and Accessibility Act of 2020. S. 4283 would ~~create~~have created a special transfer of up to a special transfer of up to a total a total
of $500 mil ion to be distributed to the states to improve information technology. To receive the of $500 mil ion to be distributed to the states to improve information technology. To receive the
funding, states would be required to al ow applications for UC, and assistance with the funding, states would be required to al ow applications for UC, and assistance with the
application process, to be accessible in at least two of the application process, to be accessible in at least two of the ~~following~~follow ing formats: in-person, by phone, formats: in-person, by phone,
or online. Additional y, any online claim-filingor online. Additional y, any online claim-filing system used by a state would be required to (1) system used by a state would be required to (1)
ensure that the process of filing initial and continuing claims for UC can be readily understood ensure that the process of filing initial and continuing claims for UC can be readily understood
and accomplished by the vast majority of claimants, including individualsand accomplished by the vast majority of claimants, including individuals with with limited English limited English
proficiency, individuals with disabilities, older individuals, and individuals with literacy proficiency, individuals with disabilities, older individuals, and individuals with literacy
chal enges; (2) be available in any language spoken by more than 1% of the state’s population, chal enges; (2) be available in any language spoken by more than 1% of the state’s population,
and translations must be completed by human translators rather than translation software; (3) be and translations must be completed by human translators rather than translation software; (3) be
accessible and optimized for both desktop computers and mobile devices; (4) al ow for electronic accessible and optimized for both desktop computers and mobile devices; (4) al ow for electronic
submission of documentation required to support a claim; (5) be available 24 submission of documentation required to support a claim; (5) be available 24 hours a day, 7 days hours a day, 7 days
a week; and (6) have an automated password reset function that can be a week; and (6) have an automated password reset function that can be completed online. completed online.

Author Information

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

Congressional Research Service 42

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Congressional Research Service Congressional Research Service
R45478 R45478 · VERSION 1618 · UPDATED
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