,,ii #aafth ,,congress #b;d ,session ,s4 #dcgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjbj,mr4 ,romney 7for himself1 ,ms4 ,collins1 and ,ms4 ,mc,sally7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide for a short-term extension of the ,federal ,pandemic ,unemployment ,compensation program1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,federal ,pandemic ,unemployment ,compensation ,extension ,act of #bjbj4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,improvements to ,federal ,pandemic ,unemployment ,compensation to better match lost wages4,sec4 #c4 ,supplemental emergency unemployment relief for governmental entities and nonprofit organizations4,sec4 #d4 ,conforming eligibility for ,pandemic ,unemployment ,assistance to disaster unemployment assistance and accelerating appeal review4,sec4 #e4 ,improvements to ,state unemployment systems and strengthening program integrity4,sec4 #f4 ,emergency designation4 #b4 ,improvements to ,federal ,pandemic ,unemployment ,compensation to better match lost wages 7a7 ,extension ,section #bajd7;e77#b7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended by striking ,july #ca1 #bjbj and inserting ,november #a1 #bjbj4 7b7 ,improvements to accuracy of payments 7#a7 ,federal ,pandemic ,unemployment ,compensation 7,a7 ,in general ,section #bajd7;b7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended-- 7i7 in paragraph 7#a77;,b71 by striking of #fjj and inserting equal to the amount specified in paragraph 7#c72 and 7ii7 by adding at the end the following new paragraph3 7#c7 ,amount of ,federal ,pandemic ,unemployment ,compensation 7,a7 ,in general ,the amount specified in this paragraph is the following amount with respect to an individual3 7i7 ,for weeks of unemployment beginning after the date on which an agreement is entered into under this section and ending on or before ,july #ca1 #bjbj1 #fjj4 7ii7 ,for weeks of unemployment beginning after the last week under clause 7i7 and ending on or before ,august #ca1 #bjbj1 an amount equal to one of the following1 as determined by the ,state for all individuals3 7,i7 #ejj4 7,,ii7 ,an amount 7not to exceed #ejj7 equal to-- 7aa7 #hj percent of the individual's average weekly wages2 minus 7bb7 the individual's base amount 7determined prior to any reductions or offsets74 7iii7 ,for weeks of unemployment beginning after the last week under clause 7ii7 and ending on or before ,september #bh1 #bjbj1 an amount equal to one of the following1 as determined by the ,state for all individuals3 7,i7 #djj4 7,,ii7 ,the amount determined under clause 7ii77,,ii74 7iv7 ,for weeks of unemployment beginning after the last week under clause 7iii7 and ending on or before ,november #b1 #bjbj1 an amount equal to one of the following1 as determined by the ,state for all individuals3 7,i7 #cjj4 7,,ii7 ,the amount determined under clause 7ii77,,ii74 7,b7 ,base amount ,for purposes of this paragraph1 the term base amount means1 with respect to an individual1 an amount equal to-- 7i7 for weeks of unemployment under the pandemic unemployment assistance program under section #bajb1 the amount determined under subsection 7d77#a77;,a77i7 or 7d77#b7 of such section #bajb1 as applicable2 or 7ii7 for all other weeks of unemployment1 the amount determined under paragraph 7#a77;,a7 of this subsection4 7,c7 ,average weekly wages 7i7 ,in general ,subject to clause 7ii71 for purposes of this paragraph1 the term average weekly wages means1 with respect to an individual1 the following3 7,i7 ,if the ,state computes the individual weekly unemployment compensation benefit amount based on an individual's average weekly wages in a base period1 an amount equal to the individual's average weekly wages used in such computation4 7,,ii7 ,if the ,state computes the individual weekly unemployment compensation benefit amount based on high quarter wages or a formula using wages across some but not all quarters in a base period1 an amount equal to #a_/ac of such high quarter wages or average wages of the applicable quarters used in the computation for the individual4 7,,iii7 ,if the ,state uses computations other than the computations under subclause 7,i7 or 7,,ii7 for the individual weekly unemployment compensation benefit amount1 or for computations of the weekly benefit amount under the pandemic unemployment assistance program under section #bajb1 as described in subsection 7d77#a77;,a77i7 or 7d77#b7 of such section #bajb1 for which subclause 7,i7 or 7,,ii7 do not apply1 an amount equal to #a_/eb of the sum of all base period wages4 7ii7 ,special rule ,if more than one of the methods of computation under subclauses 7,i71 7,,ii71 and 7,,iii7 of clause 7i7 are applicable to a ,state1 then such term shall mean the amount determined under the applicable subclause of clause 7i7 that results in the highest amount of average weekly wages4 4 7,b7 ,technical amendment regarding application to short-time compensation programs and agreements ,section #bajd7;i77#b7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,e7 short-time compensation under section #bajh or #baji4 4 7#b7 ,conforming amendments 7,a7 ,pandemic ,unemployment ,assistance ,section #bajb7;d7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended by inserting with respect to the individual after section #bajd in each of paragraphs 7#a77;,a77ii7 and 7#b74 7,b7 ,pandemic emergency unemployment compensation ,section #bajg of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended-- 7i7 in subsection 7a77#d77;,a77ii71 by inserting with respect to the individual after section #bajd2 and 7ii7 in subsection 7b77#b71 by inserting with respect to the individual after section #bajd4 7c7 ,consistent treatment of earnings and unemployment compensation ,section #bajd7;h7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended by adding at the end the following new sentence3 ,the preceding sentence shall not apply to any ,federal ,pandemic ,unemployment ,compensation paid to an individual with respect to a week of unemployment ending on or after ,october #e1 #bjbj44 7d7 ,requirement for return to work notification and reporting ,section #bajd7;b7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended by adding at the end the following new paragraph3 7#c7 ,beginning #cj days after the date of enactment of this paragraph1 any agreement under this section shall require that the ,state has in place a process to address refusal to return to work or refusal of suitable work that includes the following3 7,a7 ,providing a plain-language notice to individuals at the time of applying for benefits regarding ,state law provisions relating to each of the following3 7i7 ,return to work requirements4 7ii7 ,rights to refuse to return to work or to refuse suitable work4 7iii7 ,how to contest the denial of a claim that has been denied due to a claim by an employer that the individual refused to return to work or refused suitable work4 7,b7 ,providing a plain-language notice to employers through any system used by employers or any regular correspondence sent to employers regarding how to notify the ,state if an individual refuses to return to work4 7,c7 ,other items determined appropriate by the ,secretary of ,labor4 4 7e7 ,effective date ,the amendments made by this section 7other than the amendment made by subsection 7d77 shall take effect as if included in the enactment of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf774 #c4 ,supplemental emergency unemployment relief for governmental entities and nonprofit organizations 7a7 ,in general ,section #ijc7;i77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aajc7;i77#a77;,b77 is amended by striking one-half and inserting #ge percent4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect as if included in the enactment of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf774 #d4 ,conforming eligibility for ,pandemic ,unemployment ,assistance to disaster unemployment assistance and accelerating appeal review 7a7 ,confirmation of eligibility for ,pandemic ,unemployment ,assistance ,section #bajb7;a7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i71 by striking and at the end2 and 7ii7 by inserting after clause 7ii7 the following3 7iii7 provides documentation substantiating employment or self-employment or the planned commencement of employment or self-employment not later than #ba 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 deadline1 in accordance with section #fbe4f7;e7 of title #bj1 ,code of ,federal ,regulations1 or any successor thereto1 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 compensation2 and 2 and 7,b7 in subparagraph 7,b7-- 7i7 in clause 7i71 by striking or at the end2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7iii7 in accordance with section #fbe4f7;e77#b7 of title #bj1 ,code of ,federal ,regulations1 or any successor thereto1 an individual who does not provide documentation substantiating employment or self-employment or the planned commencement of employment or self-employment under subparagraph 7,a77iii74 2 7#b7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,documentation substantiating employment or self-employment or the planned commencement of employment or self-employment ,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-employment1 or such information related to the planned commencement of employment or self-employment4 4 7b7 ,applicability 7#a7 ,in general ,beginning not later than #cj days after the date of enactment of this ,act1 each ,state shall require that documentation substantiating employment or self-employment or the planned commencement of employment or self-employment 7as defined in section #bajb of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf777 be submitted by any individual who applies for pandemic unemployment assistance under section #bajb of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 on or after the date of enactment of this ,act4 7#b7 ,prior applicants ,any individual who applied for pandemic unemployment assistance under section #bajb of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 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 7as defined in such section #bajb7 not later than #ij days after the date of enactment of this ,act or the individual will be ineligible to receive pandemic unemployment assistance under such section #bajb4 7c7 ,conforming eligibility for ,pandemic ,unemployment ,assistance to ,disaster ,unemployment ,assistance ,section #bajb7;a77#c77;,a7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf771 as amended by subsection 7a71 is amended-- 7#a7 in clause 7ii7-- 7,a7 in subclause 7,i71 in the matter preceding item 7aa71 by inserting in the employment or service described in clause 7iv7 after unavailable to work2 and 7,b7 in subclause 7,,ii71 by striking and at the end2 and 7#b7 by inserting after clause 7iii71 as added by subsection 7a71 the following3 7iv7 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-employment2 and 4 7d7 ,pandemic ,unemployment ,assistance appeals 7#a7 ,amendment ,section #bajb of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended by adding at the end the following3 7i7 ,appeals by an individual filed in the #ej ,states1 ,district of ,columbia1 ,commonwealth of ,puerto ,rico1 and ,virgin ,islands 7#a7 ,in general ,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 ,state1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or the ,virgin ,islands 7referred to in this subsection as applicable ,states74 ,such an appeal shall be made in accordance with the applicable ,state law4 7#b7 ,requirements ,all levels of an appeal under paragraph 7#a7 shall be-- 7,a7 carried out by the applicable ,state that made the determination or redetermination2 and 7,b7 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 law4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect as if included in the enactment of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf774 7#c7 ,applicability ,the amendment made by paragraph 7#a7 shall not affect any decision regarding the rights to pandemic unemployment assistance under section #bajb of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 issued on appeal or review before the date of enactment of this ,act4 7e7 ,technical correction ,section #bajb7;h7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended by striking section #fbe each place it appears and inserting part #fbe4 #e4 ,improvements to ,state unemployment systems and strengthening program integrity 7a7 ,unemployment compensation systems 7#a7 ,in general ,section #cjc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a77 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking provision for-- and inserting provision for each of the following32 7,b7 at the end of each of paragraphs 7#a7 through 7#aj7 and paragraph 7#aa77;,b71 by striking 2 and and inserting a period2 and 7,c7 by adding at the end the following new paragraph3 7#ac7 ,the ,state system shall1 in addition to meeting the requirements under section #aacg1 meet the following requirements3 7,a7 ,the system shall be capable of handling a surge of claims that would represent a twentyfold increase in claims from ,january #bjbj levels1 occurring over a one-month period4 7,b7 ,the system shall be capable of-- 7i7 adjusting wage replacement levels for individuals receiving unemployment compensation2 7ii7 adjusting weekly earnings disregards1 including the ability to adjust such disregards in relation to an individual's earnings or weekly benefit amount2 and 7iii7 providing for wage replacement levels that vary based on the duration of benefit receipt4 7,c7 ,the system shall have in place an automated process for receiving and processing claims for disaster unemployment assistance under section #daj7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagg7;a771 with flexibility to adapt rules regarding individuals eligible for assistance and the amount payable4 7,d7 ,in the case of a ,state that makes payments of short-time compensation under a short-time compensation program 7as defined in section #ccjf7v7 of the ,internal ,revenue ,code of #aihf71 the system shall have in place an automated process of receiving and processing claims for short-time compensation4 7,e7 ,the system shall have in place an automated process for receiving and processing claims for-- 7i7 unemployment compensation for ,federal civilian employees under subchapter ,i of chapter #he of title #e1 ,united ,states ,code2 7ii7 unemployment compensation for ex-servicemembers under subchapter ,,ii of chapter #he of title #e1 ,united ,states ,code2 and 7iii7 trade readjustment allowances under sections #bca through #bcc of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbia-bbic74 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply to weeks of unemployment beginning on or after the earlier of-- 7,a7 the date the ,state changes its statutes1 regulations1 or policies in order to comply with such amendment2 or 7,b7 ,october #a1 #bjbc4 7b7 ,electronic transmission of unemployment compensation information ,section #cjc of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7 is amended by adding at the end the following new subsection3 7n7 ,electronic transmission of unemployment compensation information 7#a7 ,in general ,not later than ,october #a1 #bjbb1 the ,state agency charged with administration of the ,state law shall use a system developed 7in consultation with stakeholders7 and designated by the ,secretary of ,labor for automated electronic transmission of requests for information relating to unemployment compensation and the provision of such information between such agency and employers or their agents4 7#b7 ,use of appropriated funds ,the ,secretary of ,labor may use funds appropriated for grants to ,states under this title to make payments on behalf of ,states as the ,secretary determines is appropriate for the use of the system described in paragraph 7#a74 7#c7 ,employer participation ,the ,secretary of ,labor shall work with the ,state agency charged with administration of the ,state law to increase the number of employers using this system and to resolve any technical challenges with the system4 7#d7 ,reports on use of electronic system ,after the end of each fiscal year1 on a date determined by the ,secretary1 each ,state shall report to the ,secretary information on-- 7,a7 the proportion of employers using the designated system described in paragraph 7#a72 7,b7 the reasons employers are not using such system2 and 7,c7 the efforts the ,state is undertaking to increase employer's use of such system4 7#e7 ,enforcement ,whenever the ,secretary of ,labor1 after reasonable notice and opportunity for hearing to the ,state agency charged with the administration of the ,state law1 finds that there is a failure to comply substantially with the requirements of paragraph 7#a71 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 failure4 ,until the ,secretary of ,labor is so satisfied1 such ,secretary shall make no future certification to the ,secretary of the ,treasury with respect to the ,state4 4 7c7 ,unemployment compensation integrity data hub 7#a7 ,in general ,section #cjc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a771 as amended by subsection 7a71 is amended by adding at the end the following new paragraph3 7#ad7 ,the ,state agency charged with administration of the ,state law shall use the system designated by the ,secretary of ,labor for cross-matching claimants of unemployment compensation under ,state law against any databases in the system to prevent and detect fraud and improper payments4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply to weeks of unemployment beginning on or after the earlier of-- 7,a7 the date the ,state changes its statutes1 regulations1 or policies in order to comply with such amendment2 or 7,b7 ,october #a1 #bjbb4 7d7 ,reducing ,state burden in providing data ,to prevent and detect fraud ,section #cjc of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc71 as amended by subsection 7b71 is amended by adding at the end the following new subsection3 7o7 ,use of unemployment claims data ,to prevent and detect fraud ,the ,inspector ,general of the ,department of ,labor shall1 for the purpose of identifying and investigating fraud in unemployment compensation programs1 have direct access to each of the following systems3 7#a7 ,the system designated by the ,secretary of ,labor for the electronic transmission of requests for information relating to interstate claims for unemployment compensation4 7#b7 ,the system designated by the ,secretary of ,labor for cross-matching claimants of unemployment compensation under ,state law against databases to prevent and detect fraud and improper payments 7as referred to in subsection 7a77#ad774 4 7e7 ,use of ,national directory of new hires in administration of unemployment compensation programs and penalties on noncomplying employers 7#a7 ,in general ,section #cjc of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc71 as amended by subsections 7b7 and 7d71 is amended by adding at the end the following new subsection3 7p7 ,use of ,national directory of new hires 7#a7 ,in general ,not later than ,october #a1 #bjbb1 the ,state agency charged with administration of the ,state law shall-- 7,a7 compare information in the ,national ,directory of ,new ,hires established under section #dec7;i7 against information about individuals claiming unemployment compensation to identify any such individuals who may have become employed1 in accordance with any regulations or guidance that the ,secretary of ,health and ,human ,services may issue and consistent with the computer matching provisions of the ,privacy ,act of #aigd2 7,b7 take timely action to verify whether the individuals identified pursuant to subparagraph 7,a7 are employed2 and 7,c7 upon verification pursuant to subparagraph 7,b71 take appropriate action to suspend or modify unemployment compensation payments1 and to initiate recovery of any improper unemployment compensation payments that have been made4 7#b7 ,enforcement ,whenever the ,secretary of ,labor1 after reasonable notice and opportunity for hearing to the ,state agency charged with the administration of the ,state law1 finds that there is a failure to comply substantially with the requirements of paragraph 7#a71 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 failure4 ,until the ,secretary of ,labor is so satisfied1 such ,secretary shall make no future certification to the ,secretary of the ,treasury with respect to the ,state4 4 7#b7 ,penalties 7,a7 ,in general ,section #dec;,a7d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fec;a7d771 in the matter preceding paragraph 7#a71 is amended by striking have the option to set a ,state civil money penalty which shall not exceed and inserting set a ,state civil money penalty which shall be no less than4 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 shall apply to penalties assessed on or after ,october #a1 #bjbb4 7f7 ,state performance 7#a7 ,in general ,section #cjc of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc71 as amended by subsections 7b71 7d71 and 7e71 is amended by adding at the end the following new subsection3 7q7 ,state performance 7#a7 ,in general ,for purposes of assisting ,states in meeting the requirements of this title1 title ,,ix1 title ,,xii1 or chapter #bc of the ,internal ,revenue ,code of #aihf 7commonly referred to as the ,federal ,unemployment ,tax ,act71 the ,secretary of ,labor may-- 7,a7 consistent with subsection 7a77#a71 establish measures of ,state performance1 including criteria for acceptable levels of performance1 performance goals1 and performance measurement programs2 7,b7 consistent with subsection 7a77#f71 require ,states to provide to the ,secretary of ,labor data or other relevant information from time to time concerning the operations of the ,state or ,state performance1 including the measures1 criteria1 goals1 or programs established under paragraph 7#a72 7,c7 require ,states with sustained failure to meet acceptable levels of performance or with performance that is substantially below acceptable standards1 as determined based on the measures1 criteria1 goals1 or programs established under subparagraph 7,a71 to implement specific corrective actions and use specified amounts of the administrative grants under this title provided to such ,states to improve performance2 and 7,d7 based on the data and other information provided under subparagraph 7,b7-- 7i7 to the extent the ,secretary of ,labor determines funds are available after providing grants to ,states under this title for the administration of ,state laws1 recognize and make awards to ,states for performance improvement1 or performance exceeding the criteria or meeting the goals established under subparagraph 7,a72 or 7ii7 to the extent the ,secretary of ,labor determines funds are available after providing grants to ,states under this title for the administration of ,state laws1 provide incentive funds to high-performing ,states based on the measures1 criteria1 goals1 or programs established under subparagraph 7,a74 7#b7 ,enforcement ,whenever the ,secretary of ,labor1 after reasonable notice and opportunity for hearing to the ,state agency charged with the administration of the ,state law1 finds that there is a failure to comply substantially with the requirements of paragraph 7#a71 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 failure4 ,until the ,secretary of ,labor is so satisfied1 such ,secretary shall make no future certification to the ,secretary of the ,treasury with respect to the ,state4 4 7#b7 ,effective date ,the amendments made by this subsection shall take effect on the date of enactment of this ,act4 7g7 ,funding ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated to the ,secretary of ,labor #b1jjj1jjj1jjj to assist ,states in carrying out the amendments made by this section1 which may include regional or multi-,state efforts4 ,amounts appropriated under the preceding sentence shall remain available until expended4 #f4 ,emergency designation 7a7 ,in general ,the amounts provided by this ,act and the amendments made by this ,act are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7b7 ,designation in ,senate ,in the ,senate1 this ,act and the amendments made by this ,act are designated as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah4