Sec. 4. State policies ensuring safe return to work and emergency transfers for unemployment claims processing and benefit administration
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Section 903 of the Social Security Act ( 42 U.S.C. 1103 ) is amended by adding at the end the following: In addition to any other amounts, the Secretary of Labor shall provide for the making of emergency administration grants to the accounts of the States in the Unemployment Trust Fund, by transfer from amounts reserved for that purpose in the Federal unemployment account, in accordance with succeeding provisions of this subsection. The amount of an emergency administration grant with respect to a State shall, as determined by the Secretary of Labor, be equal to $2,000,000,000 multiplied by the ratio that the amount certified for the base administrative grant to the State for fiscal year 2020 under section 302(a) bears to the total amount certified for base administrative grants to all States for fiscal year 2020 under such section.
The amount described in subparagraph
(B)with respect to a State shall be transferred to the account of such State upon a certification by the Secretary of Labor to the Secretary of the Treasury that the State has provided documentation of policies, regulations, or laws demonstrating that the State will, as a condition of the grant at least through the end of calendar year 2021— provide that if unreasonable health and safety risks are present with respect to an employment position for an individual or any member of the individual’s household, due to employer safety policies or to specific risk factors of the individual or member of the individual’s household (particularly in the case of older, immunocompromised, or disabled individuals), the presence of such risks constitutes good cause— for the individual to separate from such employment position; and in the case of an individual who is unemployed, for refusing an offer of suitable employment in such employment position (regardless of whether such offer of employment would pay wages that are equal to or greater than the individual’s previous wages); and provide that in the case of individuals who have received amounts of unemployment compensation to which they were not entitled, the State shall require such individuals to repay the amounts of unemployment compensation to the State agency, except that the State agency shall waive such repayment if it determines that— the payment of such unemployment compensation was without fault on the part of any such individual; and such repayment would be contrary to equity and good conscience. Any amount transferred to the account of a State under this subsection may be used by such State only for the administration of its unemployment compensation law, including information technology systems improvements and upgrades that enhance the user experience and timeliness of— applying for benefits; processing of benefits; receiving benefits; and implementing future policy changes including flexibility in reprogramming. A State shall conduct user testing of any such improvements and upgrades in advance of full implementation to ensure that they will meet each of the criteria described in this paragraph, including during any potential surges in the number of initial claims. A State seeking a grant under this subsection shall submit an application to the Secretary of Labor with such information as the Secretary may require not later than June 30, 2022. The Secretary of Labor shall assist states in meeting the conditions of receiving the grant, including by providing technical assistance and guidance. Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account (as established by section 901 of the Social Security Act) such sums as the Secretary of Labor estimates to be necessary for purposes of making the transfers described in paragraph (1)(C). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid. . The Secretary of Labor shall make an emergency grant to each of the territories specified in paragraph (2), in an amount to be allocated proportionately based on population, for the administration of Pandemic Unemployment Assistance and Federal Pandemic Unemployment Compensation in such territory. The Territories specified in this paragraph are Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. A territory seeking a grant under this subsection shall submit an application to the Secretary of Labor with such information as the Secretary may require not later than June 30, 2022. The Secretary of Labor shall assist territories in meeting the conditions of receiving the grant, including by providing technical assistance and guidance. An application submitted by a territory for a grant under this subsection shall include documentation of policies, regulations, or laws demonstrating that the territory will, as a condition of the grant at least through the end of calendar year 2021, satisfy the requirements of clauses
(i)and
(ii)of section 903(j)(1)(C) of the Social Security Act. There are appropriated from the general fund of the Treasury, out of any money in the Treasury not otherwise appropriated, $3,000,000 for grants under this subsection, to remain available until expended.
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Sec. 4
State policies ensuring safe return to work and emergency transfers for unemployment claims processing and benefit administration
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