4 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. mation regarding any payments made in excess of the 1 amount of funding provided under paragraph (3)(A) of 2 such section. 3 SEC. 102. EXTENSION OF TEMPORARY SUSPENSION OF 4 MEDICARE SEQUESTRATION. 5 (a) I N G ENERAL .—Section 3709(a) of division A of 6 the CARES Act (2 U.S.C. 901a note) is amended by strik- 7 ing ‘‘December 31, 2020’’ and inserting ‘‘March 31, 8 2021’’. 9 (b) E FFECTIVE D ATE .—The amendment made by 10 subsection (a) shall take effect as if enacted as part of 11 the CARES Act (Public Law 116–136). 12 TITLE II—ASSISTANCE TO INDI- 13 VIDUALS, FAMILIES, AND 14 BUSINESSES 15 Subtitle A—Unemployment 16 Insurance 17 CHAPTER 1—CONTINUED ASSISTANCE TO 18 UNEMPLOYED WORKERS 19 SEC. 200. SHORT TITLE. 20 This chapter may be cited as the ‘‘Continued Assist- 21 ance for Unemployed Workers Act of 2020’’. 22 December 21, 2020 (9:35 a.m.) 5 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. Subchapter I—Extension of CARES Act 1 Unemployment Provisions 2 SEC. 201. EXTENSION AND BENEFIT PHASEOUT RULE FOR 3 PANDEMIC UNEMPLOYMENT ASSISTANCE. 4 (a) I N G ENERAL .—Section 2102(c) of the CARES 5 Act (15 U.S.C. 9021(c)) is amended— 6 (1) in paragraph (1)— 7 (A) by striking ‘‘paragraph (2)’’ and in- 8 serting ‘‘paragraphs (2) and (3)’’; and 9 (B) in subparagraph (A)(ii), by striking 10 ‘‘December 31, 2020’’ and inserting ‘‘March 11 14, 2021’’; and 12 (2) by redesignating paragraph (3) as para- 13 graph (4); and 14 (3) by inserting after paragraph (2) the fol- 15 lowing: 16 ‘‘(3) T RANSITION RULE FOR INDIVIDUALS RE - 17 MAINING ENTITLED TO PANDEMIC UNEMPLOYMENT 18 ASSISTANCE AS OF MARCH 14 , 2021 .— 19 ‘‘(A) I N GENERAL .—Subject to subpara- 20 graph (B), in the case of any individual who, as 21 of the date specified in paragraph (1)(A)(ii), is 22 receiving pandemic unemployment assistance 23 but has not yet exhausted all rights to such as- 24 sistance under this section, pandemic unemploy- 25 December 21, 2020 (9:35 a.m.) 6 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. ment assistance shall continue to be payable to 1 such individual for any week beginning on or 2 after such date for which the individual is oth- 3 erwise eligible for pandemic unemployment as- 4 sistance. 5 ‘‘(B) T ERMINATION .—Notwithstanding 6 any other provision of this subsection, no pan- 7 demic unemployment assistance shall be payable 8 for any week beginning after April 5, 2021.’’. 9 (b) I NCREASE IN N UMBER OF W EEKS .—Section 10 2102(c)(2) of the CARES Act (15 U.S.C. 9021(c)(2)) is 11 amended— 12 (1) by striking ‘‘39 weeks’’ and inserting ‘‘50 13 weeks’’; and 14 (2) by striking ‘‘39-week period’’ and inserting 15 ‘‘50-week period’’. 16 (c) A PPEALS .— 17 (1) I N GENERAL .—Section 2102(c) of the 18 CARES Act (15 U.S.C. 9021(c)), as amended by 19 subsections (a) and (b), is amended by adding at the 20 end the following: 21 ‘‘(5) A PPEALS BY AN INDIVIDUAL .— 22 ‘‘(A) I N GENERAL .—An individual may ap- 23 peal any determination or redetermination re- 24 garding the rights to pandemic unemployment 25 December 21, 2020 (9:35 a.m.) 7 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. assistance under this section made by the State 1 agency of any of the States. 2 ‘‘(B) P ROCEDURE .—All levels of appeal 3 filed under this paragraph in the 50 states, the 4 District of Columbia, the Commonwealth of 5 Puerto Rico, and the Virgin Islands— 6 ‘‘(i) shall be carried out by the appli- 7 cable State that made the determination or 8 redetermination; and 9 ‘‘(ii) shall be conducted in the same 10 manner and to the same extent as the ap- 11 plicable State would conduct appeals of de- 12 terminations or redeterminations regarding 13 rights to regular compensation under State 14 law. 15 ‘‘(C) P ROCEDURE FOR CERTAIN TERRI - 16 TORIES .—With respect to any appeal filed in 17 Guam, American Samoa, the Commonwealth of 18 the Northern Mariana Islands, the Federated 19 States of Micronesia, Republic of the Marshall 20 Islands, and the Republic of Palau— 21 ‘‘(i) lower level appeals shall be car- 22 ried out by the applicable entity within the 23 State; 24 December 21, 2020 (9:35 a.m.) 8 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. ‘‘(ii) if a higher level appeal is allowed 1 by the State, the higher level appeal shall 2 be carried out by the applicability entity 3 within the State; and 4 ‘‘(iii) appeals described in clauses (i) 5 and (ii) shall be conducted in the same 6 manner and to the same extent as appeals 7 of regular unemployment compensation are 8 conducted under the unemployment com- 9 pensation law of Hawaii.’’. 10 (2) E FFECTIVE DATE .—The amendment made 11 by paragraph (1) shall take effect as if enacted as 12 part of division A of the CARES Act (Public Law 13 116–136), except that any decision issued on appeal 14 or review before the date of enactment of this Act 15 shall not be affected by the amendment made by 16 paragraph (1). 17 (d) W AIVER A UTHORITY FOR C ERTAIN O VERPAY - 18 MENTS OF P ANDEMIC U NEMPLOYMENT A SSISTANCE .— 19 Section 2102(d) of the CARES Act (15 U.S.C. 9021(d)) 20 is amended by adding at the end the following: 21 ‘‘(4) W AIVER AUTHORITY .—In the case of indi- 22 viduals who have received amounts of pandemic un- 23 employment assistance to which they were not enti- 24 tled, the State shall require such individuals to repay 25 December 21, 2020 (9:35 a.m.) 9 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. the amounts of such pandemic unemployment assist- 1 ance to the State agency, except that the State 2 agency may waive such repayment if it determines 3 that— 4 ‘‘(A) the payment of such pandemic unem- 5 ployment assistance was without fault on the 6 part of any such individual; and 7 ‘‘(B) such repayment would be contrary to 8 equity and good conscience.’’. 9 (e) H OLD H ARMLESS FOR P ROPER A DMINISTRA - 10 TION .—In the case of an individual who is eligible to re- 11 ceive pandemic unemployment assistance under section 12 2102 the CARES Act (15 U.S.C. 9021) as of the day be- 13 fore the date of enactment of this Act and on the date 14 of enactment of this Act becomes eligible for pandemic 15 emergency unemployment compensation under section 16 2107 of the CARES Act (15 U.S.C. 9025) by reason of 17 the amendments made by section 206(b) of this subtitle, 18 any payment of pandemic unemployment assistance under 19 such section 2102 made after the date of enactment of 20 this Act to such individual during an appropriate period 21 of time, as determined by the Secretary of Labor, that 22 should have been made under such section 2107 shall not 23 be considered to be an overpayment of assistance under 24 such section 2102, except that an individual may not re- 25 December 21, 2020 (9:35 a.m.) 10 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. ceive payment for assistance under section 2102 and a 1 payment for assistance under section 2107 for the same 2 week of unemployment. 3 (f) L IMITATION .—In the case of a covered individual 4 whose first application for pandemic unemployment assist- 5 ance under section 2102 of the CARES Act (15 U.S.C. 6 9021) is filed after the date of enactment of this Act, sub- 7 section (c)(1)(A)(i) of such section 2102 shall be applied 8 by substituting ‘‘December 1, 2020’’ for ‘‘January 27, 9 2020’’. 10 (g) E FFECTIVE D ATE .—The amendments made by 11 subsections (a), (b), (c), and (d) shall apply as if included 12 in the enactment of the CARES Act (Public Law 116– 13 136), except that no amount shall be payable by virtue 14 of such amendments with respect to any week of unem- 15 ployment commencing before the date of the enactment 16 of this Act. 17 SEC. 202. EXTENSION OF EMERGENCY UNEMPLOYMENT RE- 18 LIEF FOR GOVERNMENTAL ENTITIES AND 19 NONPROFIT ORGANIZATIONS. 20 Section 903(i)(1)(D) of the Social Security Act (42 21 U.S.C. 1103(i)(1)(D)) is amended by striking ‘‘December 22 31, 2020’’ and inserting ‘‘March 14, 2021’’. 23 December 21, 2020 (9:35 a.m.) 11 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. SEC. 203. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY- 1 MENT COMPENSATION. 2 (a) I N G ENERAL .—Section 2104(e) of the CARES 3 Act (15 U.S.C. 9023(e)) is amended to read as follows: 4 ‘‘(e) A PPLICABILITY .—An agreement entered into 5 under this section shall apply— 6 ‘‘(1) to weeks of unemployment beginning after 7 the date on which such agreement is entered into 8 and ending on or before July 31, 2020; and 9 ‘‘(2) to weeks of unemployment beginning after 10 December 26, 2020 (or, if later, the date on which 11 such agreement is entered into), and ending on or 12 before March 14, 2021.’’. 13 (b) A MOUNT .— 14 (1) I N GENERAL .—Section 2104(b) of the 15 CARES Act (15 U.S.C. 9023(b)) is amended— 16 (A) in paragraph (1)(B), by striking ‘‘of 17 $600’’ and inserting ‘‘equal to the amount spec- 18 ified in paragraph (3)’’; and 19 (B) by adding at the end the following new 20 paragraph: 21 ‘‘(3) A MOUNT OF FEDERAL PANDEMIC UNEM - 22 PLOYMENT COMPENSATION .— 23 ‘‘(A) I N GENERAL .—The amount specified 24 in this paragraph is the following amount: 25 December 21, 2020 (9:35 a.m.) 12 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. ‘‘(i) For weeks of unemployment be- 1 ginning after the date on which an agree- 2 ment is entered into under this section and 3 ending on or before July 31, 2020, $600. 4 ‘‘(ii) For weeks of unemployment be- 5 ginning after December 26, 2020 (or, if 6 later, the date on which such agreement is 7 entered into), and ending on or before 8 March 14, 2021, $300.’’. 9 (2) T ECHNICAL AMENDMENT REGARDING AP - 10 PLICATION TO SHORT - TIME COMPENSATION PRO - 11 GRAMS AND AGREEMENTS .—Section 2104(i)(2) of 12 the CARES Act (15 U.S.C. 9023(i)(2)) is amend- 13 ed— 14 (A) in subparagraph (C), by striking 15 ‘‘and’’ at the end; 16 (B) in subparagraph (D), by striking the 17 period at the end and inserting ‘‘; and’’; and 18 (C) by adding at the end the following: 19 ‘‘(E) short-time compensation under a 20 short-time compensation program (as defined in 21 section 3306(v) of the Internal Revenue Code of 22 1986).’’. 23 December 21, 2020 (9:35 a.m.) 13 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. SEC. 204. EXTENSION OF FEDERAL FUNDING OF THE FIRST 1 WEEK OF COMPENSABLE REGULAR UNEM- 2 PLOYMENT FOR STATES WITH NO WAITING 3 WEEK. 4 Section 2105 of the CARES Act (15 U.S.C. 9024) 5 is amended— 6 (1) in subsection (c)— 7 (A) in paragraph (1), by striking ‘‘There 8 shall be paid’’ and inserting ‘‘Except as pro- 9 vided in paragraph (3), there shall be paid’’; 10 and 11 (B) by adding at the end the following: 12 ‘‘(3) P ARTIAL REIMBURSEMENT .—With respect 13 to compensation paid to individuals for weeks of un- 14 employment ending after December 31, 2020, para- 15 graph (1) shall be applied by substituting ‘50 per- 16 cent’ for ‘100 percent’.’’; and 17 (2) in subsection (e)(2), by striking ‘‘December 18 31, 2020’’ and inserting ‘‘March 14, 2021’’. 19 SEC. 205. EXTENSION OF EMERGENCY STATE STAFFING 20 FLEXIBILITY. 21 Section 4102(b) of the Families First Coronavirus 22 Response Act (26 U.S.C. 3304 note), in the second sen- 23 tence, is amended by striking ‘‘December 31, 2020’’ and 24 inserting ‘‘March 14, 2021’’. 25 December 21, 2020 (9:35 a.m.) 14 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. SEC. 206. EXTENSION AND BENEFIT PHASEOUT RULE FOR 1 PANDEMIC EMERGENCY UNEMPLOYMENT 2 COMPENSATION. 3 (a) I N G ENERAL .—Section 2107(g) of the CARES 4 Act (15 U.S.C. 9025(g)) is amended to read as follows: 5 ‘‘(g) A PPLICABILITY .— 6 ‘‘(1) I N GENERAL .—Except as provided in para- 7 graphs (2) and (3), an agreement entered into under 8 this section shall apply to weeks of unemployment— 9 ‘‘(A) beginning after the date on which 10 such agreement is entered into; and 11 ‘‘(B) ending on or before March 14, 2021. 12 ‘‘(2) T RANSITION RULE FOR INDIVIDUALS RE - 13 MAINING ENTITLED TO PANDEMIC EMERGENCY UN - 14 EMPLOYMENT COMPENSATION AS OF MARCH 14 , 15 2021 .—In the case of any individual who, as of the 16 date specified in paragraph (1)(B), is receiving Pan- 17 demic Emergency Unemployment Compensation but 18 has not yet exhausted all rights to such assistance 19 under this section, Pandemic Emergency Unemploy- 20 ment Compensation shall continue to be payable to 21 such individual for any week beginning on or after 22 such date for which the individual is otherwise eligi- 23 ble for Pandemic Emergency Unemployment Com- 24 pensation. 25 December 21, 2020 (9:35 a.m.) 15 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. ‘‘(3) T ERMINATION .—Notwithstanding any 1 other provision of this subsection, no Pandemic 2 Emergency Unemployment Compensation shall be 3 payable for any week beginning after April 5, 4 2021.’’. 5 (b) I NCREASE IN N UMBER OF W EEKS .—Section 6 2107(b)(2) of the CARES Act (15 U.S.C. 9025(b)(2)) is 7 amended by striking ‘‘13’’ and inserting ‘‘24’’. 8 (c) C OORDINATION R ULES .— 9 (1) C OORDINATION OF PANDEMIC EMERGENCY 10 UNEMPLOYMENT COMPENSATION WITH REGULAR 11 COMPENSATION .—Section 2107(b) of the CARES 12 Act (15 U.S.C. 9025(b)) is amended by adding at 13 the end the following: 14 ‘‘(4) C OORDINATION OF PANDEMIC EMERGENCY 15 UNEMPLOYMENT COMPENSATION WITH REGULAR 16 COMPENSATION .— 17 ‘‘(A) I N GENERAL .—If— 18 ‘‘(i) an individual has been determined 19 to be entitled to pandemic emergency un- 20 employment compensation with respect to 21 a benefit year; 22 ‘‘(ii) that benefit year has expired; 23 ‘‘(iii) that individual has remaining 24 entitlement to pandemic emergency unem- 25 December 21, 2020 (9:35 a.m.) 16 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. ployment compensation with respect to 1 that benefit year; and 2 ‘‘(iv) that individual would qualify for 3 a new benefit year in which the weekly 4 benefit amount of regular compensation is 5 at least $25 less than the individual’s 6 weekly benefit amount in the benefit year 7 referred to in clause (i), 8 then the State shall determine eligibility for 9 compensation as provided in subparagraph (B). 10 ‘‘(B) D ETERMINATION OF ELIGIBILITY .— 11 For individuals described in subparagraph (A), 12 the State shall determine whether the individual 13 is to be paid pandemic emergency unemploy- 14 ment compensation or regular compensation for 15 a week of unemployment using one of the fol- 16 lowing methods: 17 ‘‘(i) The State shall, if permitted by 18 State law, establish a new benefit year, but 19 defer the payment of regular compensation 20 with respect to that new benefit year until 21 exhaustion of all pandemic emergency un- 22 employment compensation payable with re- 23 spect to the benefit year referred to in sub- 24 paragraph (A)(i). 25 December 21, 2020 (9:35 a.m.) 17 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. ‘‘(ii) The State shall, if permitted by 1 State law, defer the establishment of a new 2 benefit year (which uses all the wages and 3 employment which would have been used to 4 establish a benefit year but for the applica- 5 tion of this subparagraph), until exhaus- 6 tion of all pandemic emergency unemploy- 7 ment compensation payable with respect to 8 the benefit year referred to in subpara- 9 graph (A)(i). 10 ‘‘(iii) The State shall pay, if permitted 11 by State law— 12 ‘‘(I) regular compensation equal 13 to the weekly benefit amount estab- 14 lished under the new benefit year; and 15 ‘‘(II) pandemic emergency unem- 16 ployment compensation equal to the 17 difference between that weekly benefit 18 amount and the weekly benefit 19 amount for the expired benefit year. 20 ‘‘(iv) The State shall determine rights 21 to pandemic emergency unemployment 22 compensation without regard to any rights 23 to regular compensation if the individual 24 December 21, 2020 (9:35 a.m.) 18 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. elects to not file a claim for regular com- 1 pensation under the new benefit year.’’. 2 (2) C OORDINATION OF PANDEMIC EMERGENCY 3 UNEMPLOYMENT COMPENSATION WITH EXTENDED 4 COMPENSATION .— 5 (A) I NDIVIDUALS RECEIVING EXTENDED 6 COMPENSATION AS OF THE DATE OF ENACT - 7 MENT .—Section 2107(a)(5) of the CARES Act 8 (15 U.S.C. 9025(a)(5)) is amended— 9 (i) by striking ‘‘R ULE .—An agree- 10 ment’’ and inserting the following: 11 ‘‘R ULES .— 12 ‘‘(A) I N GENERAL .—Subject to subpara- 13 graph (B), an agreement’’; and 14 (ii) by adding at the end the fol- 15 lowing: 16 ‘‘(B) S PECIAL RULE .—In the case of an 17 individual who is receiving extended compensa- 18 tion under the State law for the week that in- 19 cludes the date of enactment of this subpara- 20 graph (without regard to the amendments made 21 by subsections (a) and (b) of section 206 of the 22 Continued Assistance for Unemployed Workers 23 Act of 2020), such individual shall not be eligi- 24 ble to receive pandemic emergency unemploy- 25 December 21, 2020 (9:35 a.m.) 19 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. ment compensation by reason of such amend- 1 ments until such individual has exhausted all 2 rights to such extended benefits.’’. 3 (B) E LIGIBILITY FOR EXTENDED COM - 4 PENSATION .—Section 2107(a) of the CARES 5 Act (15 U.S.C. 9025(a)) is amended by adding 6 at the end the following: 7 ‘‘(8) S PECIAL RULE FOR EXTENDED COM - 8 PENSATION .—At the option of a State, for any 9 weeks of unemployment beginning after the date of 10 the enactment of this paragraph and before April 11 12, 2021, an individual’s eligibility period (as de- 12 scribed in section 203(c) of the Federal-State Ex- 13 tended Unemployment Compensation Act of 1970 14 (26 U.S.C. 3304 note)) shall, for purposes of any 15 determination of eligibility for extended compensa- 16 tion under the State law of such State, be consid- 17 ered to include any week which begins— 18 ‘‘(A) after the date as of which such indi- 19 vidual exhausts all rights to pandemic emer- 20 gency unemployment compensation; and 21 ‘‘(B) during an extended benefit period 22 that began on or before the date described in 23 subparagraph (A).’’. 24 (d) E FFECTIVE D ATE .— 25 December 21, 2020 (9:35 a.m.) 20 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. (1) I N GENERAL .—Except as provided in para- 1 graph (2), the amendments made by this section 2 shall apply as if included in the enactment of the 3 CARES Act (Public Law 116–136), except that no 4 amount shall be payable by virtue of such amend- 5 ments with respect to any week of unemployment 6 commencing before the date of the enactment of this 7 Act. 8 (2) C OORDINATION RULES .—The amendments 9 made by subsection (c)(1) shall apply to individuals 10 whose benefit years, as described in section 11 2107(b)(4)(A)(ii) of the CARES Act, expire after 12 the date of enactment of this Act. 13 SEC. 207. EXTENSION OF TEMPORARY FINANCING OF 14 SHORT-TIME COMPENSATION PAYMENTS IN 15 STATES WITH PROGRAMS IN LAW. 16 Section 2108(b)(2) of the CARES Act (15 U.S.C. 17 9026(b)(2)) is amended by striking ‘‘December 31, 2020’’ 18 and inserting ‘‘March 14, 2021’’. 19 SEC. 208. EXTENSION OF TEMPORARY FINANCING OF 20 SHORT-TIME COMPENSATION AGREEMENTS 21 FOR STATES WITHOUT PROGRAMS IN LAW. 22 Section 2109(d)(2) of the CARES Act (15 U.S.C. 23 9027(d)(2)) is amended by striking ‘‘December 31, 2020’’ 24 and inserting ‘‘March 14, 2021’’. 25 December 21, 2020 (9:35 a.m.) 21 U: \ 2021OMNI \ 14OMNI \ DivN—COVIDAuth.xml SEN. APPRO. SEC. 209. TECHNICAL AMENDMENT TO REFERENCES TO 1 REGULATION IN CARES ACT. 2 (a) I N G ENERAL .—Section 2102(h) of the CARES 3 Act (Public Law 116-136) is amended by striking ‘‘section 4 625’’ in each place it appears and inserting ‘‘part 625’’. 5 (b) E FFECTIVE D ATE .—The amendment made by 6 this section shall take effect as if included in section 2102 7 of the CARES Act (Public Law 116-136). 8 Subchapter II—Extension of FFCRA 9 Unemployment Provisions 10 SEC. 221. EXTENSION OF TEMPORARY ASSISTANCE FOR 11 STATES WITH ADVANCES. 12 Section 1202(b)(10)(A) of the Social Security Act 13 (42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘De- 14 cember 31, 2020’’ and inserting ‘‘March 14, 2021’’. 15 SEC. 222. EXTENSION OF FULL FEDERAL FUNDING OF EX- 16 TENDED UNEMPLOYMENT COMPENSATION. 17 Section 4105 of the Families First Coronavirus Re- 18 sponse Act (26 U.S.C. 3304 note) is amended— 19 (1) in subsection (a), by striking ‘‘December 20 31, 2020’’ and inserting ‘‘March 14, 2021’’; and 21 (2) in subsection (b), by striking ‘‘ending on or 22 before December 31, 2020’’ and inserting ‘‘before 23 March 14, 2021’’. 24 December 21, 2020 (9:35 a.m.)