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Code · BILL · 116th Congress · S. 4318 (Introduced in Senate) — To provide assistance to American workers, families, and employers during the COVID–19 pandemic. · Sec. 103

Sec. 103. Conforming eligibility for Pandemic Unemployment Assistance to disaster unemployment assistance and accelerating appeal review

957 words·~4 min read·/bill/116/s/4318/is/section-103

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Section 2102(a) of the Relief for Workers Affected by Coronavirus Act (contained in subtitle A of title II of division A of the CARES Act ( Public Law 116–136 )) is amended— in paragraph (3)— in subparagraph (A)— in clause (i), by striking and at the end; and by inserting after clause
(ii)the following: provides documentation substantiating employment or self-employment or the planned commencement of employment or self-employment not later than 21 days after the date on which the individual submits an application for assistance under this section or is directed by the State Agency to submit such documentation or has shown good cause under the applicable State law for failing to submit such documentation by the deadline, in accordance with section 625.6(e) of title 20, Code of Federal Regulations, or any successor thereto, except that such documentation shall not be required if the individual previously submitted such information to the State agency for the purpose of obtaining regular or other unemployment compensation; and ; and in subparagraph (B)— in clause (i), by striking or at the end; in clause (ii), by striking the period at the end and inserting ; or ; and by adding at the end the following: in accordance with section 625.6(e)(2) of title 20, Code of Federal Regulations, or any successor thereto, an individual who does not provide documentation substantiating employment or self-employment or the planned commencement of employment or self-employment under subparagraph (A)(iii). ; by redesignating paragraphs
(4)and
(5)as paragraphs
(5)and (6), respectively; and by inserting after paragraph
(3)the following: The term documentation substantiating employment or self-employment or the planned commencement of employment or self-employment means documentation provided by the individual substantiating employment or self-employment and wages earned or paid for such employment or self-employment, or such information related to the planned commencement of employment or self-employment. . Beginning not later than 30 days after the date of enactment of this Act, each State shall require that documentation substantiating employment or self-employment or the planned commencement of employment or self-employment (as defined in section 2102 of the Relief for Workers Affected by Coronavirus Act (contained in subtitle A of title II of division A of the CARES Act ( Public Law 116–136 )) be submitted by any individual who applies for pandemic unemployment assistance under section 2102 of the Relief for Workers Affected by Coronavirus Act (contained in subtitle A of title II of division A of the CARES Act ( Public Law 116–136 )) on or after the date of enactment of this Act. Any individual who applied for pandemic unemployment assistance under section 2102 of the Relief for Workers Affected by Coronavirus Act (contained in subtitle A of title II of division A of the CARES Act ( Public Law 116–136 )) before the date of enactment of this Act and receives such assistance on or after the date of enactment of this Act shall submit documentation substantiating employment or self-employment or the planned commencement of employment or self-employment (as defined in such section 2102) not later than 90 days after the date of enactment of this Act or the individual will be ineligible to receive pandemic unemployment assistance under such section 2102. Section 2102(a)(3)(A) of the Relief for Workers Affected by Coronavirus Act (contained in subtitle A of title II of division A of the CARES Act ( Public Law 116–136 )), as amended by subsection (a), is amended— in clause (ii)— in subclause (I), in the matter preceding item (aa), by inserting in the employment or service described in clause
(iv)after unavailable to work ; and in subclause (II), by striking and at the end; and by inserting after clause (iii), as added by subsection (a), the following: provides self-certification that the principal source of income and livelihood of the individual are dependent upon the individual’s employment for wages or the individual’s performance of service in self-employment; and . Section 2102 of the Relief for Workers Affected by Coronavirus Act (contained in subtitle A of title II of division A of the CARES Act ( Public Law 116–136 )) is amended by adding at the end the following: An individual may appeal any determination or redetermination regarding the rights to pandemic unemployment assistance under this section made by the State agency of a State, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands (referred to in this subsection as applicable States ). Such an appeal shall be made in accordance with the applicable State law. All levels of an appeal under paragraph
(1)shall be— carried out by the applicable State that made the determination or redetermination; and conducted in the same manner and to the same extent as the applicable State would conduct appeals of determinations or redeterminations regarding rights to compensation under State law. . The amendment made by paragraph
(1)shall take effect as if included in the enactment of the Relief for Workers Affected by Coronavirus Act (contained in subtitle A of title II of division A of the CARES Act ( Public Law 116–136 )). The amendment made by paragraph
(1)shall not affect any decision regarding the rights to pandemic unemployment assistance under section 2102 of the Relief for Workers Affected by Coronavirus Act (contained in subtitle A of title II of division A of the CARES Act ( Public Law 116–136 )) issued on appeal or review before the date of enactment of this Act. Section 2102(h) of the Relief for Workers Affected by Coronavirus Act (contained in subtitle A of title II of division A of the CARES Act ( Public Law 116–136 )) is amended by striking section 625 each place it appears and inserting part 625 .
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Sec. 103
Conforming eligibility for Pandemic Unemployment Assistance to disaster unemployment assistance and accelerating appeal review
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