,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dbeb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ba1     
#bjbj,mr4 ,wyden 7for himself1 ,mr4 ,van
 ,hollen1 ,mr4 ,sanders1 ,ms4 ,cortez   
,masto1 ,mr4 ,markey1 ,ms4 ,hirono1 ,mr4
 ,blumenthal1 and ,ms4 ,warren7         
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,finance  ,a ,,bill  ,to  
provide funding for ,states to improve  
their unemployment compensation         
programs1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 
the ,worker ,first ,act of #bjbj4  #b4  
,special transfers for unemployment     
compensation improvements  7a7 ,in      
general ,section #ijc of the ,social    
,security ,act 7#db ,u4,s4,c4 #aajc7 is 
amended by adding at the end the        
following3  7j7 ,special transfers in   
fiscal years #bjbj1 #bjba1 #bjbb for    
improvements  7#a7 ,transfers  7,a7 ,in 
general ,in addition to any other       
amounts1 the ,secretary of ,labor shall 

provide for the making of unemployment  
compensation modernization incentive    
payments 7in this subsection referred to
 as incentive payments7 to the accounts 
of the ,states in the ,unemployment     
,trust ,fund1 by transfer from amounts  
reserved for that purpose in the        
,federal unemployment account1 in       
accordance with succeeding provisions of
 this subsection4  7,b7 ,maximum        
incentive payment ,the maximum incentive
 payment allowable under this subsection
 with respect to any ,state shall1 as   
determined by the ,secretary of ,labor1 
be equal to the amount obtained by      
multiplying #aj1jjj1jjj1jjj by the same 
ratio as would apply under subsection   
7a77#b77;,b7 for purposes of determining
 such ,state's share of any excess      
amount 7as described in subsection      
7a77#a77 that would have been subject to
 transfer to ,state accounts1 as of     
,october #a1 #bjai1 under the provisions
 of subsection 7a74  7,c7 ,allotments   
,of the maximum incentive payment       

determined under subparagraph 7,b7 with 
respect to a ,state-- 7i7 one-third     
shall be transferred to the account of  
such ,state upon a certification under  
paragraph 7#f7 that the ,state meets the
 requirements of paragraph 7#b72  7ii7  
one-third shall be transferred to the   
account of such ,state upon a           
certification under paragraph 7#f7 that 
the ,state law of such ,state meets the 
requirements of paragraph 7#c72 and     
7iii7 the remainder shall be transferred
 to the account of such ,state upon a   
certification under paragraph 7#f7 that 
the ,state law of such ,state meets the 
requirements of paragraph 7#d74  7#b7   
,worker safety ,a ,state meets the      
requirements of this paragraph if the   
,state provides the ,secretary with     
assurances that the ,state is enforcing 
laws1 policies1 or regulations 7and will
 continue to enforce such laws1         
policies1 or regulations through the    
later of ,december #ca1 #bjba1 or the   
end of emergency period described in    

section #aace7;g77#a77;,b77 under       
which-- 7,a7 work is not considered to  
be suitable work under the ,state law   
unless the work is in compliance with   
all applicable health and safety        
guidelines and standards related to the 
prevention of occupational exposure to  
,,covid-#ai1 including such guidelines  
and standards issued by the             
,occupational ,safety and ,health       
,administration1 under ,state plans     
approved under section #ah of the       
,occupational ,safety and ,health ,act  
of #aigj1 by the ,centers for ,disease  
,control and ,prevention1 and ,federal1 
,state1 or by local public health       
authorities2 and  7,b7 an individual is 
not disqualified from regular           
unemployment compensation under the     
,state law for separating from          
employment if that separation is because
 the work is not in compliance with all 
applicable health and safety guidelines 
and standards described in subparagraph 
7,a74  7#c7 ,modernization ,the ,state  

law of a ,state meets the requirements  
of this paragraph if such ,state law    
provides for each of the following3 7,a7
 ,an individual is not disqualified from
 regular unemployment compensation for  
separating from employment if that      
separation is for any compelling family 
reason4 ,for purposes of this           
subparagraph1 the term compelling family
 reason means the following3 7i7        
,domestic violence1 sexual assault1     
stalking1 or harassment1 verified by    
such reasonable and confidential        
documentation as the ,state law may     
require1 which causes the individual    
reasonably to believe that such         
individual's continued employment would 
jeopardize the safety of the individual 
or of any member of the individual's    
immediate family 7as defined by the     
,secretary of ,labor74  7ii7 ,the       
illness or disability of a member of the
 individual's immediate family 7as those
 terms are defined by the ,secretary of 
,labor74  7iii7 ,the need for the       

individual to accompany such            
individual's spouse-- 7,i7 to a place   
from which it is impractical for such   
individual to commute2 and  7,,ii7 due  
to a change in location of the spouse's 
employment4  7,b7 ,the ,state law-- 7i7 
uses a base period that includes the    
most recently completed calendar quarter
 before the start of the benefit year   
for purposes of determining eligibility 
for unemployment compensation2 or  7ii7 
provides that1 in the case of an        
individual who would not otherwise be   
eligible for unemployment compensation  
under the ,state law because of the use 
of a base period that does not include  
the most recently completed calendar    
quarter before the start of the benefit 
year1 eligibility is determined using a 
base period that includes such calendar 
quarter4  7,c7 ,an individual is not    
denied unemployment compensation under  
any ,state law provisions relating to   
availability for work1 active search for
 work1 or refusal to accept work1 solely

 because such individual is seeking only
 part-time work 7as defined by the      
,secretary of ,labor74  7,d7 ,the       
,state's definition of suitable work    
includes health and safety              
considerations that ensure that a       
position shall not be deemed suitable   
for an individual if the circumstances  
present any unusual risk to the health  
or safety of the individual4  7#d7      
,expansion ,the ,state law of a ,state  
meets the requirements of this paragraph
 if such ,state law provides for each of
 the following3 7,a7 ,payment of        
short-time compensation is made under a 
short-time compensation program 7as     
defined in section #ccjf7v7 of the      
,internal ,revenue ,code of #aihf74     
7,b7 ,the minimum duration of benefits  
is at least #bf weeks and no variable   
duration formula that provides for      
maximum weeks of benefits of fewer than 
#bf weeks is used4  7#e7 ,application   
7,a7 ,in general ,any ,state seeking an 
incentive payment under this subsection 

shall submit an application therefor at 
such time1 in such manner1 and complete 
with such information as the ,secretary 
of ,labor may within #fj days after the 
date of the enactment of this subsection
 prescribe 7whether by regulation or    
otherwise71 including information       
relating to compliance with the         
requirements of paragraph 7#b71 7#c71 or
 7#d71 as well as how the ,state intends
 to use the incentive payment to improve
 or strengthen the ,state's unemployment
 compensation program4 ,the ,secretary  
of ,labor shall1 within #cj days after  
receiving a complete application1 notify
 the ,state agency of the ,state of the 
,secretary's findings with respect to   
the requirements of paragraph 7#b71     
7#c71 or 7#d71 as the case may be4  7,b7
 ,limitation ,no application under      
subparagraph 7,a7 may be considered if  
submitted-- 7i7 prior to the date of    
enactment of this subsection2 or  7ii7  
after the latest date necessary 7as     
specified by the ,secretary of ,labor7  

to ensure that all incentive payments   
under this subsection are made on or    
before ,december #ca1 #bjba4  7#f7      
,certification  7,a7 ,in general        
,subject to subparagraphs 7,b7 and 7,c71
 if the ,secretary of ,labor finds      
that-- 7i7 the ,state meets the         
requirements of paragraph 7#b72 or  7ii7
 the ,state law provisions 7disregarding
 any ,state law provisions which are not
 then currently in effect as permanent  
law or which are subject to             
discontinuation7 meet the requirements  
of paragraph 7#c7 or 7#d71 as the case  
may be2  the ,secretary of ,labor shall 
make a certification to that effect to  
the ,secretary of the ,treasury1        
together with a certification as to the 
amount of the incentive payment to be   
transferred to the ,state account       
pursuant to that finding4 ,the          
,secretary of the ,treasury shall make  
the appropriate transfer within #g days 
after receiving such certification4     
7,b7 ,special rule ,for purposes of     

subparagraph 7,a77ii71 ,state law       
provisions that are to take effect      
within #b months after the date of their
 certification under subparagraph 7,a7  
shall be considered to be in effect as  
of the date of such certification4  7,c7
 ,additional requirements for           
certification  7i7 ,compliance with     
other ,state law requirements ,no       
certification of compliance with the    
requirements of paragraph 7#b71 7#c71 or
 7#d7 may be made with respect to any   
,state whose ,state law is not otherwise
 eligible for certification under       
section #cjc or approvable under section
 #ccjd of the ,internal ,revenue ,code  
of #aihf4  7ii7 ,compliance with worker 
safety requirements ,no certification of
 compliance with the requirements of    
paragraph 7#c7 or 7#d7 may be made with 
respect to any ,state that does not meet
 the requirements of paragraph 7#b74    
7#g7 ,use of incentive payments  7,a7   
,benefits ,except as provided in        
subparagraph 7,b71 any amount           

transferred to the account of a ,state  
under this subsection may be used by    
such ,state only in the payment of cash 
benefits to individuals with respect to 
their unemployment1 exclusive of        
expenses of administration4  7,b7       
,administration ,a ,state may1 subject  
to the same conditions described in     
subsection 7c77#b7 7excluding           
subparagraph 7,b7 of such subsection1   
and deeming the reference to subsections
 7a7 and 7b7 in subparagraph 7,d7 of    
such subsection to include this         
subsection71 use any amount transferred 
to the account of such ,state under this
 subsection for the administration of   
its unemployment compensation law       
7including administration for carrying  
out the provisions of1 and amendments   
made1 by subtitle ,a of title ,,ii of   
division ,a of the ,,cares ,act7 and    
public employment offices1 including    
improvements in technology4  7#h7       
,funding ,out of any money in the       
,federal unemployment account not       

otherwise appropriated1 the ,secretary  
of the ,treasury shall reserve          
#aj1jjj1jjj1jjj for incentive payments  
under this subsection4 ,any amount so   
reserved shall not be taken into account
 for purposes of any determination under
 section #ijb1 #iaj1 or #abjc of the    
amount in the ,federal unemployment     
account as of any given time4 ,any      
amount so reserved for which the        
,secretary of the ,treasury has not     
received a certification under paragraph
 7#f7 by the deadline described in      
paragraph 7#e77;,b77ii7 shall1 on       
,january #a1 #bjbb1 become unrestricted 
as to use as part of the ,federal       
unemployment account4  7#i7 ,definitions
 ,in this subsection1 the terms benefit 
year1 base period1 and week have the    
respective meanings given such terms    
under section #bje of the               
,federal-,state ,extended ,unemployment 
,compensation ,act of #aigj 7#bf        
,u4,s4,c4 #ccjd note74  4  7b7          
,regulations ,the ,secretary of ,labor  

may prescribe any regulations1 operating
 instructions1 or other guidance        
necessary to carry out the amendment    
made by subsection 7a74