,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fiah ,,in ,,the ,,house ,,of ,,representatives ,may #ai1 #bjbj ,ms4 ,jayapal 7for herself1 ,ms4 ,stevens1 ,mr4 ,schiff1 ,mr4 ,casten of ,illinois1 ,mr4 ,pocan1 ,ms4 ,porter1 ,ms4 ,escobar1 ,ms4 ,adams1 ,ms4 ,bass1 ,mrs4 ,beatty1 ,mr4 ,beyer1 ,mr4 ,blumenauer1 ,ms4 ,blunt ,rochester1 ,ms4 ,bonamici1 ,mr4 ,brendan ,f4 ,boyle of ,pennsylvania1 ,ms4 ,brownley of ,california1 ,mr4 ,castro of ,texas1 ,mr4 ,carson of ,indiana1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,cicilline1 ,ms4 ,clark of ,massachusetts1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,cleaver1 ,mr4 ,cohen1 ,mr4 ,connolly1 ,mr4 ,de,fazio1 ,ms4 ,de,lauro1 ,mrs4 ,dingell1 ,mr4 ,espaillat1 ,mr4 ,evans1 ,ms4 ,fudge1 ,mr4 ,garca of ,illinois1 ,ms4 ,garcia of ,texas1 ,mr4 ,grijalva1 ,ms4 ,haaland1 ,mr4 ,hastings1 ,mrs4 ,hayes1 ,mr4 ,heck1 ,mr4 ,horsford1 ,ms4 ,jackson ,lee1 ,mr4 ,jeffries1 ,mr4 ,johnson of ,georgia1 ,mr4 ,kennedy1 ,mr4 ,larson of ,connecticut1 ,ms4 ,lee of ,california1 ,mr4 ,levin of ,michigan1 ,mr4 ,levin of ,california1 ,mr4 ,ted ,lieu of ,california1 ,mr4 ,lowenthal1 ,mr4 ,malinowski1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,mc,govern1 ,ms4 ,meng1 ,mr4 ,morelle1 ,mr4 ,nadler1 ,mrs4 ,napolitano1 ,mr4 ,neguse1 ,ms4 ,norton1 ,ms4 ,ocasio-,cortez1 ,ms4 ,omar1 ,mr4 ,pallone1 ,ms4 ,pingree1 ,ms4 ,pressley1 ,mr4 ,raskin1 ,mr4 ,richmond1 ,ms4 ,roybal-,allard1 ,mr4 ,rush1 ,mr4 ,sarbanes1 ,ms4 ,scanlon1 ,ms4 ,schakowsky1 ,ms4 ,schrier1 ,ms4 ,shalala1 ,mr4 ,smith of ,washington1 ,mr4 ,soto1 ,ms4 ,speier1 ,mr4 ,suozzi1 ,ms4 ,tlaib1 ,mrs4 ,trahan1 ,mr4 ,vargas1 ,mr4 ,vela1 ,ms4 ,velzquez1 ,mrs4 ,watson ,coleman1 ,mr4 ,welch1 ,mr4 ,khanna1 ,ms4 ,barragn1 ,mr4 ,butterfield1 ,mr4 ,clyburn1 ,ms4 ,sherrill1 ,mr4 ,serrano1 ,mr4 ,gonzalez of ,texas1 ,mr4 ,ryan1 ,mr4 ,gallego1 and ,mrs4 ,kirkpatrick7 introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committees on the ,judiciary1 and ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to direct the ,secretary of the ,treasury to establish a grant program for employers adversely affected by ,,covid-#ai1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,paycheck ,recovery ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,paycheck recovery program4 ,sec4 #c4 ,conditions in general4 ,sec4 #d4 ,conditions relating to labor protections4 ,sec4 #e4 ,application of bankruptcy provisions4 ,sec4 #f4 ,rehiring bonus and ,pandemic ,unemployment ,compensation4 ,sec4 #g4 ,audits and penalties4 ,sec4 #h4 ,paycheck ,recovery ,program ,implementation ,oversight ,board4 ,sec4 #i4 ,severability4 ,sec4 #aj4 ,definitions4 #b4 ,paycheck recovery program 7a7 ,program authorized ,the ,secretary of the ,treasury 7in this ,act referred to as the ,secretary7 shall establish a grant program 7in this ,act referred to as the ,program7 to award grants to carry out the activities described in subsection 7f74 7b7 ,eligibility 7#a7 ,loss of revenue and small businesses 7,a7 ,loss of revenue eligibility ,the ,secretary shall award a grant under the ,program to an employer that submits an application under subsection 7c7 and has experienced1 or anticipates experiencing1 a loss of revenue as a result of the coronavirus disease #bjai 7,,covid-#ai7-- 7i7 for an employer that is not a new employer1 in an amount that is at least #aj percent of the gross receipts of the employer for the corresponding #bjai period that relates to the calendar quarter in which the employer submits such application2 or 7ii7 for a new employer1 in an amount that is at least #aj percent of the gross receipts of the new employer for the period for which the new employer most recently filed employment tax information with the ,secretary4 7,b7 ,small business eligibility ,regardless of whether the employer meets the requirements of subparagraph 7,a71 the ,secretary shall award a grant under the ,program to an employer that submits an application under subsection 7c7 if-- 7i7 the employer employed #bj or fewer employees on ,march #a1 #bjbj2 and 7ii7 the annual gross receipts of such employer for #bjai is an amount less than #c1jjj1jjj or1 in the case of a new employer1 the projected annual gross receipts of such new employer 7calculated by determining the median amount of gross receipts for the months for which the new employer has been in existence and multiplying the amount by #ab7 is an amount less than #c1jjj1jjj4 7#b7 ,interaction with other programs 7,a7 ,in general ,an employer is not eligible to receive a grant under the ,program if the employer is simultaneously receiving assistance under-- 7i7 an employee retention tax credit pursuant to section #bcja of the ,,cares ,act 7,public ,law #aaf-acf72 7ii7 the ,exchange ,stabilization ,fund established under section #ecjb of title #ca1 ,united ,states ,code2 7iii7 a covered loan under section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf772 or 7iv7 a ,main ,street ,lending ,program of the ,federal ,reserve ,system4 7,b7 ,conversion of assistance from other programs ,the ,secretary shall take such steps as are necessary to establish a process by which an employer who has received assistance under a program specified in subparagraph 7,a7 may convert such assistance into a grant under the ,program4 7#c7 ,stay-at-home orders ,the existence or nonexistence of a stay-at-home order issued as a result of ,,covid-#ai by the government of the ,state or locality in which an employer operates shall have no effect on the eligibility of the employer under the ,program4 7c7 ,applications 7#a7 ,in general ,except as provided in paragraph 7#b71 to receive a grant under the ,program1 an eligible employer shall submit to the ,secretary an application in such form1 at such time1 and containing such information the ,secretary determines appropriate1 which shall include at a minimum a sworn declaration attesting to any loss of revenue experienced1 or anticipated to be experienced1 by the employer as a result of ,,covid-#ai4 7#b7 ,small businesses 7,a7 ,application ,the ,secretary shall not require an employer that is eligible under subsection 7b77#a77;,b7 to include in an application for a grant under the ,program a sworn declaration attesting to any loss of revenue experienced1 or anticipated to be experienced1 by the employer as a result of ,,covid-#ai4 7,b7 ,outreach and technical assistance ,the ,secretary shall conduct outreach and provide technical assistance to small businesses to assist eligible small businesses in applying for grants under the ,program4 7d7 ,amount of grant 7#a7 ,initial grant ,under the ,program1 the ,secretary shall provide to an eligible employer an initial grant in an amount that is equal to the sum of-- 7,a7 except as provided in paragraph 7#c7 and subject to paragraph 7#d7-- 7i7 for an employer that is not a new employer1 an amount calculated by multiplying the percentage of experienced or anticipated loss of revenue attested to in subsection 7c7 by the amount of wages provided by the employer to any covered employees or covered former employees during the corresponding #bjai period that relates to the period-- 7,i7 beginning on the date that is the later of ,march #a1 #bjbj1 or the date on which the employer became eligible under subsection 7b72 and 7,,ii7 ending on the date that is #ij days after the date on which the ,secretary provides the initial grant2 or 7ii7 for a new employer1 an amount calculated by multiplying the percentage of experienced or anticipated loss of revenue attested to in subsection 7c7 by an amount determined by the ,secretary based on the employment tax information statement filed with the ,secretary by the new employer for the most recent month2 and 7,b7 the amount that is #be percent of the amount of wages provided by the employer to any covered employees or covered former employees during-- 7i7 for an employer that is not a new employer1 the corresponding #bjai period specified in subparagraph 7,a77i72 or 7ii7 for a new employer1 the most recent month for which the new employer filed an employment tax information statement with the ,secretary4 7#b7 ,subsequent grants ,with respect to the first full month beginning #ij days after the date on which the ,secretary provides to an eligible employer an initial grant under paragraph 7#a71 and each month thereafter until the date on which the ,secretary terminates the program1 the ,secretary shall provide to such employer a grant in an amount that is equal to the sum of-- 7,a7 except as provided in paragraph 7#c7 and subject to paragraph 7#d7-- 7i7 for an employer that is not a new employer1 an amount calculated by multiplying the percentage of experienced or anticipated loss of revenue attested to in subsection 7c7 by the amount of wages provided by the employer to covered employees and covered former employees during the corresponding #bjai period that relates to such month2 or 7ii7 for a new employer1 an amount calculated by multiplying the percentage of experienced or anticipated loss of revenue attested to in subsection 7c7 by an amount determined by the ,secretary based on the employment tax information statement filed with the ,secretary by the new employer for the most recent month2 and 7,b7 the amount that is #be percent of the amount of the amount of wages provided by the employer to any covered employees or covered former employees during-- 7i7 for an employer that is not a new employer1 the corresponding #bjai period that relates to such month2 or 7ii7 for a new employer1 the most recent month for which the new employer filed an employment tax information statement with the ,secretary4 7#c7 ,small business amounts ,in calculating the amount of an initial or subsequent grant under the ,program for an employer that was determined eligible under subsection 7b77#a77;,b71 the ,secretary shall add-- 7,a7 subject to paragraph 7#d71 the amount of wages provided by the employer to any covered employees or covered former employees during the period specified in paragraph 7#a71 for an initial grant1 or paragraph 7#b71 for a subsequent grant2 and 7,b7 the amount that is #be percent of the amount of wages provided by the employer to any covered employees or covered former employees during such period4 7#d7 ,salary limitation ,the amount of wages 7excluding any benefits7 provided by an employer to any covered employee or covered former employee of the employer which may be taken into account to determine a grant amount under this subsection shall not exceed #ij1jjj in annual salary 7excluding any benefits7 per employee4 7#e7 ,regulations ,the ,secretary may promulgate regulations on the formula for determining grant amounts pursuant to this subsection4 7e7 ,condition on acceptance of funds ,before accepting grant funds awarded under the ,program1 an employer shall enter into an agreement with the ,secretary1 or otherwise certify1 as determined appropriate by the ,secretary1 that the employer shall comply with each condition required under this section and sections #c and #d4 7f7 ,use of funds ,grant funds awarded under the ,program may only be used as follows3 7#a7 ,grant funds in amounts determined under paragraphs 7#a77;,a71 7#b77;,a71 or 7#c77;,a7 of subsection 7d7 may be used to pay any covered employees or covered former employees the amount of wages 7subject to the salary limitation in subsection 7d77#d77 provided by the employer to such employees-- 7,a7 for an employer that is not a new employer1 during the corresponding #bjai period 7adjusted1 in the case of amounts determined under paragraphs 7#a77;,a7 or 7#b77;,a71 for the percentage of experienced or anticipated loss of revenue attested to in subsection 7c772 or 7,b7 for a new employer1 during the corresponding period for which the employer most recently filed with the ,secretary an employment tax information statement 7adjusted1 in the case of amounts determined under paragraphs 7#a77;,a7 or 7#b77;,a71 for the percentage of experienced or anticipated loss of revenue attested to in subsection 7c774 7#b7 ,grant funds in amounts determined under paragraphs 7#a77;,b71 7#b77;,b71 or 7#c77;,b7 of subsection 7d7 may be used to pay fixed expenses of the employer1 including expenses relating to rent1 utilities1 mortgage payments1 costs associated with vehicles or equipment1 and costs necessary to protect against or minimize the effects of ,,covid-#ai1 including the cost of safety equipment4 7g7 ,repayment of funds ,if a covered employee or covered former employee of an employer receiving a grant under the ,program quits or is terminated for cause during a month for which the employer receives grant funds1 the employer shall be required to repay to the ,department of ,treasury1 on a no-interest basis and by the date that is not later than two years after the date on which such employee quits or is terminated1 the pro rata grant amount received with respect to the wages of such employee4 7h7 ,termination 7#a7 ,in general ,the ,secretary shall terminate the ,program on the date on which the seasonally adjusted unemployment rate has remained below seven percent1 as measured by the ,bureau of ,labor ,statistics1 for three consecutive months4 7#b7 ,notice of potential termination ,the ,secretary shall publish in the ,federal ,register notice of potential termination of the ,program on any date on which the seasonally adjusted unemployment rate has remained below seven percent1 as measured by the ,bureau of ,labor ,statistics1 for two consecutive months4 #c4 ,conditions in general 7a7 ,share repurchases ,an employer receiving a grant under the ,program may not purchase an equity interest of the employer on a national securities exchange4 7b7 ,payments to shareholders or bondholders ,an employer receiving a grant under the ,program may not use grant funds awarded under the ,program to make any distribution of funds1 including stock dividends1 to shareholders or bondholders of the employer4 7c7 ,executive bonuses ,an employer receiving a grant under the ,program may not award an executive bonus to an employee of the employer during the period beginning on the date on which the employer receives an initial grant under the ,program and ending on the date on which the ,secretary terminates the ,program4 7d7 ,executive compensation ,if an employer receiving a grant under the ,program employs a chief executive officer1 during the period beginning on the date on which the employer receives an initial grant under the ,program and ending on the date on which the ,secretary terminates the ,program1 the employer may not provide to the chief executive officer-- 7#a7 annual wages in excess of the amount that is-- 7,a7 for an employer that is not a new employer1 #ej times the median of the wages provided by the employer to employees of the employer in #bjai2 or 7,b7 for a new employer1 #ej times the annual median of wages provided by the employer to employees of the employer 7calculated by determining the median amount of monthly wages paid during the months for which the new employer has been in existence and multiplying the amount by #ab72 and 7#b7 in the case of termination of employment with the employer1 severance pay or other benefits relating to the termination in excess of twice the amount of-- 7,a7 for an employer that is not a new employer1 wages provided by the employer to the chief executive officer in #bjai2 or 7,b7 for a new employer1 the projected annual median of wages provided by the employer to the chief executive officer 7calculated by determining the median amount of monthly wages paid during the months for which the new employer has been in existence and multiplying the amount by #ab74 #d4 ,conditions relating to labor protections 7a7 ,maintenance of workforce2 collective bargaining ,during the period beginning on the date on which an employer receives an initial grant under the ,program and ending on the date that is #ij days after the date on which the ,secretary terminates the ,program-- 7#a7 the employer shall make a good-faith effort to rehire and maintain covered former employees who were employed by the employer on or prior to ,march #a1 #bjbj2 7#b7 the employer shall compensate the covered former employees rehired and maintained under paragraph 7#a7 at a level that is not less than the level of wages received by the covered former employees prior to ,march #a1 #bjbj2 7#c7 the employer may not abrogate any collective bargaining agreement entered into by the employer and the authorized representatives of the employees of the employer and in force on ,march #a1 #bjbj2 7#d7 the employer shall remain neutral in any union organizing effort2 and 7#e7 the employer shall refrain from conducting involuntary furloughs or reducing pay rates of the employees of the employer4 7b7 ,working and travel conditions ,for the duration of the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to ,,covid-#ai1 an employer receiving a grant under the ,program shall adhere to guidance published by the ,director of the ,centers for ,disease ,control and ,prevention and all applicable public health authorities for providing safe conditions for employees1 including by providing employees with adequate personal protective equipment and ensuring all facilities owned or operated by the employer are clean and sanitary4 #e4 ,application of bankruptcy provisions ,in the case of an employer receiving a grant under the ,program that is a debtor under title #aa of the ,united ,states ,code1 ,s4#beah 7#aaeth ,cong47 shall be deemed to be enacted4 #f4 ,rehiring bonus and ,pandemic ,unemployment ,compensation 7a7 ,rehiring bonus ,the ,secretary may award to any covered former employee of an employer receiving a grant under the ,program a rehiring bonus in the amount of #a1ejj if the covered former employee-- 7#a7 has been rehired or has otherwise returned to employment with the employer with the assistance of such grant2 and 7#b7 earned less than #dj1jjj in wages in #bjai4 7b7 ,disregard of additional compensation for purposes of ,medicaid and ,,chip ,the monthly equivalent of any rehiring bonus paid to a covered former employee under subsection 7a7 shall be disregarded when determining income for any purpose under the programs established under titles ,,xix and title ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq41 #acig;aa et seq474 7c7 ,additional rehiring bonus ,if the ,pandemic ,unemployment ,compensation program established under the ,relief for ,workers ,affected by ,coronavirus ,act 7title ,,ii of division ,a of ,public ,law #aaf-acf7 continues after ,july #ca1 #bjbj1 a covered former employee that received a rehiring bonus under subsection 7a7 shall be eligible for a #a1bjj monthly stimulus check for every month that the ,pandemic ,unemployment ,compensation program is extended4 #g4 ,audits and penalties 7a7 ,audits ,not later than one year after a grant is awarded under the ,program1 the ,inspector ,general of the ,department of ,treasury 7in this section referred to as the ,inspector ,general7 shall audit the grant recipient to determine-- 7#a7 the amount of loss of revenue the grant recipient experienced as a result of ,,covid-#ai2 and 7#b7 whether any instance of overpayment occurred with respect to the grant4 7b7 ,loss of revenue 7#a7 ,in general ,except as provided in paragraph 7#b71 a grant recipient under the ,program shall be required to repay to the ,department of ,treasury 7on a no-interest basis and by a date determined by the ,secretary that is not later than five years after the date on which the ,secretary terminates the ,program7 the total amount of grant funds received under the ,program if1 as a result of an audit conducted under subsection 7a71 the ,inspector ,general determines-- 7,a7 in the case of a grant recipient that is not a new employer1 that the grant recipient did not experience a decline in gross receipts1 during a calendar year after receiving the grant1 in an amount that was at least #aj percent of the gross receipts of the employer for #bjai2 or 7,b7 in the case of a grant recipient that is a new employer1 that the grant recipient did not experience a decline in gross receipts1 during a period that corresponds with the period for which the new employer had most recently filed employment tax information with the ,secretary prior to submitting the grant application under section #b7;c71 in an amount that was at least #aj percent of the gross receipts of the new employer for such period4 7#b7 ,small business exception ,a grant recipient that was determined eligible for a grant under the ,program pursuant to section #b7;b77#a77;,b7 shall not be subject to this subsection4 7c7 ,overpayment penalties 7#a7 ,fraudulent overpayment ,if1 as a result of an audit conducted under subsection 7a71 the ,inspector ,general determines that an individual knowingly has made1 or caused to be made by another1 a false statement or representation of a material fact1 or knowingly has failed1 or caused another to fail1 to disclose a material fact1 and as a result of such false statement or representation or of such non-disclosure the individual has received an amount under the ,program to which the individual was not entitled-- 7,a7 the ,inspector ,general shall notify the individual of such determination2 and 7,b7 the individual-- 7i7 shall be ineligible for subsequent grants under the ,program2 and 7ii7 shall be required to repay to the ,department of ,treasury the amount to which the individual was not entitled by a date determined by the ,secretary that is not later than two years after the date on which the ,secretary terminates the ,program4 7#b7 ,non-fraudulent overpayment ,if1 as a result of an audit conducted under subsection 7a71 the ,inspector ,general determines that an individual has received an amount under the ,program to which the individual was not entitled as the result of an action that is not specified in paragraph 7#a7-- 7,a7 the ,inspector ,general shall notify the individual of such determination2 and 7,b7 the individual shall be required to repay to the ,department of ,treasury1 on a no-interest basis1 the amount to which the individual was not entitled by the date that is not later than two years after the date on which the ,inspector ,general notified the individual under subparagraph 7,a74 #h4 ,paycheck ,recovery ,program ,implementation ,oversight ,board 7a7 ,establishment ,there is established in the legislative branch a ,congressional ,paycheck ,recovery ,program ,implementation ,oversight ,board 7in this section referred to as the ,oversight ,board74 7b7 ,duties ,the duties of the ,oversight ,board shall be to conduct oversight to ensure that an employer receiving a grant under the ,program uses the grant funds in accordance with section 7#b77;f7 and complies with the conditions agreed to under section 7#b77;e74 7c7 ,membership 7#a7 ,number and ,appointment ,the ,oversight ,board shall be composed of #ab members appointed by the ,speaker of the ,house of ,representatives and the majority leader of the ,senate as follows3 7,a7 ,four members of ,congress appointed upon the recommendation of the minority leaders of the ,house of ,representatives and the ,senate4 7,b7 ,four representatives from the private sector1 including labor unions and management representatives4 7,c7 ,four representatives from ,state or local government4 7#b7 ,chairperson ,the chairperson of the ,oversight ,board shall be a member of the ,oversight ,board designated by the ,speaker of the ,house of ,representatives and the majority leader of the ,senate4 7#c7 ,vice chairperson ,the vice chairperson of the ,oversight ,board shall be a member of the ,oversight ,board designated by the ,speaker of the ,house of ,representatives and the majority leader of the ,senate upon the recommendation of the minority leaders of the ,house of ,representatives and the ,senate4 7#d7 ,vacancies ,a vacancy in the ,oversight ,board shall be filled in the same manner in which the original appointment was made4 7d7 ,additional authorities 7#a7 ,subpoena ,the ,oversight ,board may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter the ,oversight ,board is empowered to investigate under subsection 7b74 ,the attendance of witnesses and the production of evidence may be required from any place within the ,united ,states at any designated place of hearing within the ,united ,states4 7#b7 ,obtaining official data ,the ,oversight ,board may secure directly from the ,internal ,revenue ,service information necessary to enable it to carry out this section4 ,upon request of the ,chairperson of the ,oversight ,board1 the ,commissioner of ,internal ,revenue shall furnish such information to the ,oversight ,board4 7e7 ,termination ,the ,oversight ,board1 and its authorities under this section1 shall terminate on the expiration of the #ae-;day period beginning on the date on which the ,secretary terminates the ,program4 #i4 ,severability ,if any provision of this ,act 7or the application of such provision to any person or circumstance7 is held invalid1 the remainder of this ,act 7or the application of such provision to other persons or circumstances7 shall not be affected4 #aj4 ,definitions ,in this ,act3 7#a7 ,authorized representative ,the term authorized representative means an exclusive representative of employees1 designated and authorized by the employees without interference1 influence1 or coercion by an employer of such employees4 7#b7 ,corresponding #bjai period ,the term corresponding #bjai period means1 with respect to a month or period of months1 that same month or period of months in #bjai4 7#c7 ,covered employee ,the term covered employee means an individual-- 7,a7 employed by a grant recipient under the ,program on a full time1 part-time1 or other basis2 and 7,b7 who is not receiving unemployment compensation1 ,pandemic ,unemployment ,compensation under section #bajd of the ,,cares ,act 7,public ,law #aaf-acf71 or any other unemployment benefit while receiving funds under the ,program4 7#d7 ,covered former employee ,the term covered former employee means an individual-- 7,a7 previously employed by a grant recipient under the ,program2 7,b7 who has been furloughed or laid off by the grant recipient as a result of ,,covid-#ai2 and 7,c7 who is not receiving unemployment compensation1 ,pandemic ,unemployment ,compensation under section #bajd of the ,,cares ,act 7,public ,law #aaf-acf71 or any other unemployment benefit while receiving funds under the ,program4 7#e7 ,eligible self-employed individual ,the term eligible self-employed individual has the meaning given the term in section #gjjb7;b7 of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg74 7#f7 ,employer ,the term employer-- 7,a7 has the meaning given such term in section #cdja of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #cdja72 and 7,b7 includes an eligible self-employed individual4 7#g7 ,exchange ,the term exchange has the meaning given the term in section #c of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c74 7#h7 ,national securities exchange ,the term national securities exchange means an exchange registered under section #f of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;f74 7#i7 ,new employer ,the term new employer means an employer 7including any predecessor7 that was not in existence for any taxable year ending before ,january #a1 #bjbj4 7#aj7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 and any other territory or possession of the ,united ,states4 7#aa7 ,unemployment compensation ,the term unemployment compensation has the meaning given such term in section #he of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #he74 7#ab7 ,wages ,the terms wages-- 7,a7 has the meaning given such term in section #caba of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #caba72 and 7,b7 includes any healthcare benefits provided by an employer4