Sec. 301. Access to benefits
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Section 303 of the Social Security Act ( 42 U.S.C. 503 ), as amended by sections 103(e), 201, and 202, is amended by adding at the end the following new subsection: The State agency charged with administration of the State law shall, in accordance with standards established by the Secretary— provide guidance to employers in the State on best practices for providing written information to employees upon separation from employment regarding how the employee may file a claim for unemployment compensation and how the employee may find more information from the State agency about eligibility criteria for unemployment compensation; have processes in place so that employers may notify the State workforce agency of employees who may apply for unemployment compensation due to layoffs through no fault of the employee, short-term layoffs, business shutdowns, partial unemployment, and short-time compensation; ensure that any online claim filing system used by the State meets the requirements described in paragraph (2); and ensure that alternate means of claim filing (such as phone and in-person options) are available.
The requirements described in this paragraph with respect to an online claim filing system are the following: The online claim filing system— ensures that the process of filing initial and continuing claims for unemployment compensation can be readily understood and accomplished by claimants (including individuals with limited English proficiency, individuals with disabilities (in compliance with section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )), older individuals, and individuals with literacy challenges); and provides clear methods of seeking assistance if a claimant is unable to readily understand or accomplish the process of filing initial or continuing claims.
The online claim filing system— allows claimants to access the online claim filing system and file a claim in any language spoken at home by more than 1 percent of the State’s population, as determined by the Secretary using data from the Bureau of the Census (with such translations either completed by human translators or, in the case of a translation completed by translation software, reviewed by a human translator); and complies with the requirements of the Plain Writing Act of 2010 ( 5 U.S.C. 301 note), including requirements related to providing information that is clear, concise, and well-organized.
The online claim filing system is designed to align with the requirements of the Connected Government Act and is accessible and optimized for all commonly used operating systems and web browsers, including operating systems and web browsers commonly used on desktop computers, tablets, and mobile devices, such that any features of the online claim filing system (such as the ability to upload documentation) that are available in the desktop version of the online claim filing system are also available in the tablet and mobile versions and are available for all operating systems and web browsers commonly used on such devices.
The online claim filing system allows for electronic submission of documentation required to support a claim, including the ability of claimants to scan or photograph and submit documentation using a tablet or mobile device. The online claim filing system allows claimants to access such system 24 hours a day, 7 days a week, with the exception of scheduled and emergency maintenance that shall be conducted, to the extent practicable, at nonpeak hours. The online claim filing system is capable of deploying multiple methods of communication with claimants, such as short message service
(SMS)message, email, postal mail, live chat, or chatbots. Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of this subsection, the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to the State. The requirements of this subsection shall apply to weeks of unemployment beginning on or after the earlier of— the date the State changes its statutes, regulations, or policies in order to comply with such requirements; or December 31, 2027. . Not later than 2 years after the date of enactment of this section, the Secretary of Labor shall issue a final rule to carry out the amendment made by subsection (a). In issuing the final rule under paragraph (1), the Secretary of Labor shall take into account— benefit access, benefit timeliness, program integrity (including fraud prevention), and due process; how States may meet the requirements of section 303(q) of the Social Security Act, as added by subsection (a), while minimizing susceptibility to fraud; best practices related to user experience, technology modernization, and procurement, including best practices for minimizing the cost of modernization; and other factors determined appropriate by the Secretary of Labor.
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