,,ii #aahth ,,congress #b;d ,session ,s4 #dffc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aj1 #bjbd,mr4 ,wyden 7for himself1 ,mr4 ,crapo1 ,mr4 ,bennet1 ,mr4 ,lankford1 ,mr4 ,brown1 ,mr4 ,barrasso1 ,mr4 ,peters1 ,mr4 ,young1 ,mr4 ,whitehouse1 ,mr4 ,risch1 ,mr4 ,cardin1 and ,mr4 ,tillis7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to improve administration of the unemployment insurance program by expanding program integrity and anti-fraud activities and improving access to benefits1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,unemployment ,insurance ,integrity and ,accessibility ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,unemployment ,insurance ,fraud and ,overpayment ,recovery,sec4 #aja4 ,extension of the statute of limitations for fraud by individuals under certain unemployment programs4,sec4 #ajb4 ,waiver of recovery of nonfraud pandemic overpayments4,sec4 #ajc4 ,permissible use of unemployment fund money for program administration4,,title ,,ii--,unemployment ,insurance ,program ,integrity,sec4 #bja4 ,use of ,national ,directory of ,new ,hires in administration of unemployment compensation programs4,sec4 #bjb4 ,electronic transmission of unemployment compensation information4,sec4 #bjc4 ,unemployment compensation data cross-matching4,sec4 #bjd4 ,incarcerated individuals4,sec4 #bje4 ,regulations4,,title ,,iii--,unemployment ,insurance ,administration and ,technology,sec4 #cja4 ,access to benefits4,sec4 #cjb4 ,,gao study and report on the use of funding for unemployment fraud prevention1 equitable access1 and timely payments4 ,i ,unemployment ,insurance ,fraud and ,overpayment ,recovery #aja4 ,extension of the statute of limitations for fraud by individuals under certain unemployment programs 7a7 ,pandemic unemployment assistance ,section #bajb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i72 and 7#b7 by inserting after subsection 7g7 the following new subsection3 7h7 ,statute of ,limitations 7#a7 ,in general ,notwithstanding any other provision of law and subject to paragraph 7#b71 any criminal prosecution or civil enforcement action for a violation of1 or conspiracy to violate1 section #cga1 #ajbh;,a1 #ajbi1 #acda1 #acdc1 or #acdi of title #ah1 ,united ,states ,code1 or section #cgbi of title #ca1 ,united ,states ,code1 with respect to any unemployment compensation claim funded in whole or in part by pandemic unemployment assistance under this section shall be brought not later than #aj years after the date of the violation or conspiracy4 7#b7 ,exception ,paragraph 7#a7 shall not apply with respect to a criminal prosecution or civil enforcement action if the statute of limitations applicable to such criminal prosecution or civil enforcement action expired prior to the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act4 4 7b7 ,federal ,pandemic ,unemployment ,compensation and ,mixed ,earner ,unemployment compensation ,section #bajd7;f7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;f77 is amended by adding at the end the following new paragraph3 7#e7 ,statute of ,limitations 7,a7 ,in general ,notwithstanding any other provision of law and subject to subparagraph 7,b71 any criminal prosecution or civil enforcement action for a violation of1 or conspiracy to violate1 section #cga1 #ajbh;,a1 #ajbi1 #acda1 #acdc1 or #acdi of title #ah1 ,united ,states ,code1 or section #cgbi of title #ca1 ,united ,states ,code1 with respect to any unemployment compensation claim funded in whole or in part by ,federal ,pandemic ,unemployment ,compensation or ,mixed ,earner ,unemployment ,compensation under this section shall be brought not later than #aj years after the date of the violation or conspiracy4 7,b7 ,exception ,subparagraph 7,a7 shall not apply with respect to a criminal prosecution or civil enforcement action if the statute of limitations applicable to such criminal prosecution or civil enforcement action expired prior to the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act4 4 7c7 ,pandemic emergency unemployment compensation ,section #bajg7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7;e77 is amended by adding at the end the following new paragraph3 7#e7 ,statute of ,limitations 7,a7 ,in general ,notwithstanding any other provision of law and subject to subparagraph 7,b71 any criminal prosecution or civil enforcement action for a violation of1 or conspiracy to violate1 section #cga1 #ajbh;,a1 #ajbi1 #acda1 #acdc1 or #acdi of title #ah1 ,united ,states ,code1 or section #cgbi of title #ca1 ,united ,states ,code1 with respect to any unemployment compensation claim funded in whole or in part by pandemic emergency unemployment compensation under this section shall be brought not later than #aj years after the date of the violation or conspiracy4 7,b7 ,exception ,subparagraph 7,a7 shall not apply with respect to a criminal prosecution or civil enforcement action if the statute of limitations applicable to such criminal prosecution or civil enforcement action expired prior to the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act4 4 7d7 ,,fema other needs assistance 7#a7 ,statute of limitations 7,a7 ,in general ,notwithstanding any other provision of law and subject to subparagraph 7,b71 any criminal prosecution or civil enforcement action for a violation of1 or conspiracy to violate1 section #cga1 #ajbh;,a1 #ajbi1 #acda1 #acdc1 or #acdi of title #ah1 ,united ,states ,code1 or section #cgbi of title #ca1 ,united ,states ,code1 with respect to other needs assistance for lost wages to supplement unemployment assistance available under programs administered by the ,department of ,labor shall be brought not later than #aj years after the date of the violation or conspiracy4 7,b7 ,exception ,subparagraph 7,a7 shall not apply with respect to a criminal prosecution or civil enforcement action if the statute of limitations applicable to such criminal prosecution or civil enforcement action expired prior to the date of enactment of this section4 7#b7 ,definition ,in paragraph 7#a71 the term other needs assistance for lost wages to supplement unemployment assistance means any supplementary payment funded in whole or in part by financial assistance under section #djh7;e77#b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7;e77#b77 relating to a major disaster declared by the ,president under section #dja of such ,act 7#db ,u4,s4,c4 #eagj7 to supplement recovery efforts in areas affected by the ,coronavirus ,disease #bjai 7,,covid-#ai74 #ajb4 ,waiver of recovery of nonfraud pandemic overpayments 7a7 ,pandemic unemployment assistance ,section #bajb7;d77#d7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7;d77#d77 is amended to read as follows3 7#d7 ,repayment and waivers of overpayments 7,a7 ,repayment ,subject to subparagraph 7,b71 in the case of individuals who have received amounts of pandemic unemployment assistance to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such pandemic unemployment assistance to the ,state agency4 7,b7 ,waivers 7i7 ,general authority ,in the case of an overpayment of amounts of pandemic unemployment assistance-- 7,i7 established on or before ,december #ca1 #bjbe1 a ,state agency may waive repayment of such amounts under subparagraph 7,a7 if the ,state agency determines that-- 7aa7 the payment of such pandemic unemployment assistance was without fault on the part of any such individual2 and 7bb7 such repayment would be contrary to equity and good conscience2 and 7,,ii7 established after ,december #ca1 #bjbe1 a ,state agency shall waive repayment of such amounts under subparagraph 7,a7 if the ,state agency determines that-- 7aa7 the payment of such pandemic unemployment assistance was not based on fraud on the part of the individual2 and 7bb7 such repayment would be contrary to equity and good conscience4 7ii7 ,additional authority 7,i7 ,in general ,in addition to the waiver authority provided under clause 7i7 and subject to subclause 7,,ii7 of this clause1 in the case of an overpayment of amounts of pandemic unemployment assistance established on or before ,december #ca1 #bjbe1 if the ,state agency has not recovered such amounts as of the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act1 the ,state agency may waive repayment of such amounts to the ,state agency if it determines that-- 7aa7 the payment of such pandemic unemployment assistance was not based on fraud on the part of the individual2 and 7bb7 such repayment would be contrary to equity and good conscience4 7,,ii7 ,rule for amounts previously recovered ,in the case of an overpayment of amounts of pandemic unemployment assistance established on or before ,december #ca1 #bjbe1 that has been completely or partially recovered by the ,state agency prior to the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act1 with respect to such amount that has been so recovered-- 7aa7 the waiver authority under subclause 7,i7 of this clause shall not apply2 and 7bb7 the ,state agency may waive repayment of such recovered amounts under the authority under clause 7i77,i74 7,c7 ,contrary to equity and good conscience ,for purposes of this paragraph1 a repayment shall be considered contrary to equity and good conscience if-- 7i7 recovery would cause financial hardship to the person from whom it is sought2 7ii7 the recipient of the overpayment can show 7regardless of their financial situation7 that due to the notice that such payment would be made or because of the incorrect payment1 either they have relinquished a valuable right or changed positions for the worse2 7iii7 recovery would be unconscionable under the circumstances2 or 7iv7 recovery would be contrary to equity and good conscience under the ,state law4 4 7b7 ,federal ,pandemic ,unemployment ,compensation and ,mixed ,earner ,unemployment ,compensation ,section #bajd7;f77#b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;f77#b77 is amended to read as follows3 7#b7 ,repayment and waivers of overpayments 7,a7 ,repayment ,subject to subparagraph 7,b71 in the case of individuals who have received amounts of ,federal ,pandemic ,unemployment ,compensation or ,mixed ,earner ,unemployment ,compensation to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such ,federal ,pandemic ,unemployment ,compensation or ,mixed ,earner ,unemployment ,compensation to the ,state agency4 7,b7 ,waivers 7i7 ,general authority ,in the case of an overpayment of amounts of ,federal ,pandemic ,unemployment ,compensation or ,mixed ,earner ,unemployment ,compensation-- 7,i7 established on or before ,december #ca1 #bjbe1 a ,state agency may waive repayment of such amounts under subparagraph 7,a7 if the ,state agency determines that-- 7aa7 the payment of such ,federal ,pandemic ,unemployment ,compensation or ,mixed ,earner ,unemployment ,compensation was without fault on the part of any such individual2 and 7bb7 such repayment would be contrary to equity and good conscience2 and 7,,ii7 established after ,december #ca1 #bjbe1 a ,state agency shall waive repayment of such amounts under subparagraph 7,a7 if the ,state agency determines that-- 7aa7 the payment of such ,federal ,pandemic ,unemployment ,compensation or ,mixed ,earner ,unemployment ,compensation was not based on fraud on the part of the individual2 and 7bb7 such repayment would be contrary to equity and good conscience4 7ii7 ,additional authority 7,i7 ,in general ,in addition to the waiver authority provided under clause 7i7 and subject to subclause 7,,ii7 of this clause1 in the case of an overpayment of amounts of ,federal ,pandemic ,unemployment ,compensation or ,mixed ,earner ,unemployment ,compensation established on or before ,december #ca1 #bjbe1 if the ,state agency has not recovered such amounts as of the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act1 the ,state agency may waive repayment of such amounts to the ,state agency if it determines that-- 7aa7 the payment of such ,federal ,pandemic ,unemployment ,compensation or ,mixed ,earner ,unemployment ,compensation was not based on fraud on the part of the individual2 and 7bb7 such repayment would be contrary to equity and good conscience4 7,,ii7 ,rule for amounts previously recovered ,in the case of an overpayment of amounts of ,federal ,pandemic ,unemployment ,compensation or ,mixed ,earner ,unemployment ,compensation established on or before ,december #ca1 #bjbe1 that has been completely or partially recovered by the ,state agency prior to the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act1 with respect to such amount that has been so recovered-- 7aa7 the waiver authority under subclause 7,i7 of this clause shall not apply2 and 7bb7 the ,state agency may waive repayment of such recovered amounts under the authority under clause 7i77,i74 7,c7 ,contrary to equity and good conscience ,for purposes of this paragraph1 a repayment shall be considered contrary to equity and good conscience if-- 7i7 recovery would cause financial hardship to the person from whom it is sought2 7ii7 the recipient of the overpayment can show 7regardless of their financial situation7 that due to the notice that such payment would be made or because of the incorrect payment1 either they have relinquished a valuable right or changed positions for the worse2 7iii7 recovery would be unconscionable under the circumstances2 or 7iv7 recovery would be contrary to equity and good conscience under the ,state law4 4 7c7 ,pandemic emergency unemployment compensation ,section #bajg7;e77#b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7;e77#b77 is amended to read as follows3 7#b7 ,repayment and waivers of overpayments 7,a7 ,repayment ,subject to subparagraph 7,b71 in the case of individuals who have received amounts of pandemic emergency unemployment compensation to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such pandemic emergency unemployment compensation to the ,state agency4 7,b7 ,waivers 7i7 ,general authority ,in the case of an overpayment of amounts of pandemic emergency unemployment compensation-- 7,i7 established on or before ,december #ca1 #bjbe1 a ,state agency may waive repayment of such amounts under subparagraph 7,a7 if the ,state agency determines that-- 7aa7 the payment of such pandemic emergency unemployment compensation was without fault on the part of any such individual2 and 7bb7 such repayment would be contrary to equity and good conscience2 and 7,,ii7 established after ,december #ca1 #bjbe1 a ,state agency shall waive repayment of such amounts under subparagraph 7,a7 if the ,state agency determines that-- 7aa7 the payment of such pandemic emergency unemployment compensation was not based on fraud on the part of the individual2 and 7bb7 such repayment would be contrary to equity and good conscience4 7ii7 ,additional authority 7,i7 ,in general ,in addition to the waiver authority provided under clause 7i7 and subject to subclause 7,,ii7 of this clause1 in the case of an overpayment of amounts of pandemic emergency unemployment compensation established on or before ,december #ca1 #bjbe1 if the ,state agency has not recovered such amounts as of the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act1 the ,state agency may waive repayment of such amounts to the ,state agency if it determines that-- 7aa7 the payment of such pandemic emergency unemployment compensation was not based on fraud on the part of the individual2 and 7bb7 such repayment would be contrary to equity and good conscience4 7,,ii7 ,rule for amounts previously recovered ,in the case of an overpayment of amounts of pandemic emergency unemployment compensation established on or before ,december #ca1 #bjbe1 that has been completely or partially recovered by the ,state agency prior to the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act1 with respect to such amount that has been so recovered-- 7aa7 the waiver authority under subclause 7,i7 of this clause shall not apply2 and 7bb7 the ,state agency may waive repayment of such recovered amounts under the authority under clause 7i77,i74 7,c7 ,contrary to equity and good conscience ,for purposes of this paragraph1 a repayment shall be considered contrary to equity and good conscience if-- 7i7 recovery would cause financial hardship to the person from whom it is sought2 7ii7 the recipient of the overpayment can show 7regardless of their financial situation7 that due to the notice that such payment would be made or because of the incorrect payment1 either they have relinquished a valuable right or changed positions for the worse2 7iii7 recovery would be unconscionable under the circumstances2 or 7iv7 recovery would be contrary to equity and good conscience under the ,state law4 4 7d7 ,,fema disaster relief assistance ,section #bfb7;b7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#db ,u4,s4,c4 #eagd note7 is amended to read as follows3 7b7 ,repayment and waivers of overpayments 7#a7 ,repayment ,subject to paragraph 7#b71 in the case of individuals who have received amounts of covered assistance to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such covered assistance to the ,state agency4 7#b7 ,waivers of overpayments 7,a7 ,general authority ,in the case of an overpayment of amounts of covered assistance-- 7i7 established on or before ,december #ca1 #bjbe1 a ,state agency may waive repayment of such amounts under paragraph 7#a7 if the ,state agency determines that-- 7,i7 the payment of such covered assistance was without fault on the part of any such individual2 and 7,,ii7 such repayment would be contrary to equity and good conscience2 and 7ii7 established after ,december #ca1 #bjbe1 a ,state agency shall waive repayment of such amounts under paragraph 7#a7 if the ,state agency determines that-- 7,i7 the payment of such covered assistance was not based on fraud on the part of the individual2 and 7,,ii7 such repayment would be contrary to equity and good conscience4 7,b7 ,additional authority 7i7 ,in general ,in addition to the waiver authority provided under subparagraph 7,a7 and subject to clause 7ii7 of this subparagraph1 in the case of an overpayment of amounts of covered assistance established on or before ,december #ca1 #bjbe1 if the ,state agency has not recovered such amounts as of the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act1 the ,state agency may waive repayment of such amounts to the ,state agency if it determines that-- 7,i7 the payment of such covered assistance was not based on fraud on the part of the individual2 and 7,,ii7 such repayment would be contrary to equity and good conscience4 7ii7 ,rule for amounts previously recovered ,in the case of an overpayment of amounts of covered assistance established on or before ,december #ca1 #bjbe1 that has been completely or partially recovered by the ,state agency prior to the date of enactment of the ,unemployment ,insurance ,integrity and ,accessibility ,act1 with respect to such amount that has been so recovered-- 7,i7 the waiver authority under clause 7i7 of this subparagraph shall not apply2 and 7,,ii7 the ,state agency may waive repayment of such recovered amounts under the authority under subparagraph 7,a77i74 7,c7 ,contrary to equity and good conscience ,for purposes of this subsection1 a repayment shall be considered contrary to equity and good conscience if-- 7i7 recovery would cause financial hardship to the person from whom it is sought2 7ii7 the recipient of the overpayment can show 7regardless of their financial situation7 that due to the notice that such payment would be made or because of the incorrect payment1 either they have relinquished a valuable right or changed positions for the worse2 7iii7 recovery would be unconscionable under the circumstances2 or 7iv7 recovery would be contrary to equity and good conscience under the ,state law4 4 7e7 ,ongoing review and reports to ,congress 7#a7 ,ongoing review ,the ,comptroller ,general of the ,united ,states 7in this subsection referred to as the ,comptroller ,general7 shall conduct an ongoing review of the implementation of the provisions of1 and the amendments made by1 this section4 ,such review shall include an analysis of-- 7,a7 whether waivers were properly granted to individuals who qualified for a waiver2 7,b7 whether waivers were properly denied to individuals who did not qualify for a waiver2 and 7,c7 other matters determined appropriate by the ,comptroller ,general4 7#b7 ,reports ,not later than #a year after the date of enactment of this subsection1 and annually until the date that is #c years after the date of enactment of this section1 the ,comptroller ,general shall submit to ,congress a report containing the results of the review conducted under paragraph 7#a71 together with recommendations for such legislation and administrative action as the ,comptroller ,general determines appropriate4 #ajc4 ,permissible use of unemployment fund money for program administration 7a7 ,withdrawal standard in the ,internal ,revenue ,code ,section #ccjd of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7a77#d7-- 7,a7 in subparagraph 7,f71 by striking and at the end2 and 7,b7 by inserting after subparagraph 7,g7 the following3 7,h7 subject to subsection 7h7 and except as provided in subparagraph 7,j71 of those payments of benefits from a ,state's unemployment fund that are determined to have been overpaid and are subsequently recovered by the ,state1 the ,state may1 immediately following receipt of such recovered amount1 place a percentage of such recovered amount1 as specified in ,state law 7but not to exceed #e percent71 in a sub-account of the ,state's account in the ,unemployment ,trust ,fund from which money may be withdrawn only for the uses described in subsection 7g72 7,i7 of those payments of contributions 7or payments in lieu of contributions7 that are collected as a result of an investigation and assessment by a ,state agency1 the ,state may1 immediately following receipt of such payments1 place a percentage of such payments1 as specified in ,state law 7but not to exceed #e percent71 into the same sub-account of the ,state's account in the ,unemployment ,trust ,fund described in subparagraph 7,h7 from which money may be withdrawn only for the uses described in subsection 7g72 and 7,j7 of those payments of pandemic unemployment assistance under section #bajb of the ,,cares ,act1 ,federal ,pandemic ,unemployment ,compensation under section #bajd of such ,act1 ,mixed ,earner ,unemployment ,compensation under section #bajd of such ,act1 or pandemic emergency unemployment compensation under section #bajg of such ,act that are determined to have been fraudulently overpaid and are subsequently recovered by the ,state1 the ,state may1 immediately following receipt of such recovered amount1 place up to #be percent of such recovered amount into the same sub-account of the ,state's account in the ,unemployment ,trust ,fund described in subparagraph 7,h7 from which money may be withdrawn only for the uses described in subsection 7g72 2 and 7#b7 by adding at the end the following new subsections3 7g7 ,permissible uses ,the uses described in this subsection are the following3 7#a7 ,the payment of costs of deterring1 detecting1 and preventing improper unemployment insurance payments4 7#b7 ,uses relating to the proper classification of employees4 7#c7 ,uses relating to the provisions of ,state law implementing section #cjc7k7 of the ,social ,security ,act4 7#d7 ,the payment to the ,secretary of the ,treasury to the credit of the account of the ,state in the ,unemployment ,trust ,fund4 7#e7 ,modernizing the ,state's unemployment insurance technology infrastructure4 7#f7 ,improving access to unemployment compensation and recipiency rates for eligible workers4 7#g7 ,improving the timely and accurate payment of unemployment compensation4 7#h7 ,complying with the requirements of section #cjc7q7 of the ,social ,security ,act4 7#i7 ,otherwise improving the administration of ,state and ,federal unemployment compensation laws4 7h7 ,limitation on retention of recovered funds 7#a7 ,in general ,subject to paragraph 7#b71 subsection 7a77#d77;,h7 shall not apply to a ,state unless the ,state law provides that1 in the case of an individual who has received amounts of unemployment compensation to which they were not entitled1 the ,state agency may waive repayment of such amounts to the ,state agency if it determines that-- 7,a7 the payment of such unemployment compensation was not based on fraud on the part of the individual2 and 7,b7 7i7 the payment of such unemployment compensation was due to the error of the ,state agency2 or 7ii7 such repayment would be contrary to equity and good conscience4 7#b7 ,requirement not applicable to pandemic unemployment ,the requirement under paragraph 7#a7 shall not apply to repayments of pandemic unemployment assistance1 ,federal ,pandemic ,unemployment ,compensation1 ,mixed ,earner ,unemployment ,compensation1 and pandemic emergency unemployment compensation4 7#c7 ,contrary to equity and good conscience ,for purposes of paragraph 7#a77;,b77ii71 a repayment shall be considered contrary to equity and good conscience if-- 7,a7 recovery would cause financial hardship to the person from whom it is sought2 7,b7 the recipient of the overpayment can show 7regardless of their financial situation7 that due to the notice that such payment would be made or because of the incorrect payment1 either they have relinquished a valuable right or changed positions for the worse2 7,c7 recovery would be unconscionable under the circumstances2 or 7,d7 the situation meets any other criteria as determined by ,state law4 4 7b7 ,definition of unemployment fund ,section #ccjf7;f7 of the ,internal ,revenue ,code of #aihf is amended1 in the third sentence1 by striking 7exclusive of expenses of administration7 and all that follows through the period at the end of paragraph 7#f7 and inserting 1 except as otherwise provided in section #ccjd7;a77#d7 or any other provision of ,federal law44 7c7 ,withdrawal standard in ,social ,security ,act ,section #cjc7;a77#e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a77#e77 is amended by striking exclusive of expenses of administration1 and all that follows and inserting except as otherwise provided in this section1 section #ccjd7;a77#d7 of the ,internal ,revenue ,code of #aihf1 or any other provision of ,federal law2 and4 7d7 ,immediate deposit requirements 7#a7 ,internal ,revenue ,code requirement ,paragraph 7#c7 of section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#c7 all money received in the unemployment fund of the ,state shall immediately upon such receipt be paid over to the ,secretary of the ,treasury to the credit of the ,unemployment ,trust ,fund established by section #ijd of the ,social ,security ,act 7#db ,u4,s4,c4 #aajd71 except for-- 7,a7 refunds of sums erroneously paid into the unemployment fund of the ,state2 7,b7 refunds paid in accordance with the provisions of section #ccje7;b72 and 7,c7 amounts placed in a sub-account of the ,state's account in the ,unemployment ,trust ,fund pursuant to subparagraph 7,h71 7,i71 or 7,j7 of paragraph 7#d72 4 7#b7 ,social ,security ,act requirement ,section #cjc7;a77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a77#d77 is amended by striking 7except for refunds and all that follows through ,federal ,unemployment ,tax ,act7 and inserting 7except as otherwise provided in this section1 section #ccjd7;a77#c7 of the ,internal ,revenue ,code of #aihf1 or any other provision of ,federal law74 7e7 ,application to ,federal payments ,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 ,recovery of ,federal payments 7#a7 ,in general ,as a condition for administering any unemployment compensation program of the ,united ,states 7as defined in paragraph 7#b77 as an agent of the ,united ,states1 a ,state shall1 with respect to erroneous payments made under such programs by the ,state1 use the authority provided under subparagraphs 7,h7 and 7,i7 of section #ccjd7;a77#d7 of the ,internal ,revenue ,code of #aihf in the same manner as such authority is used with respect to erroneous payments made under the ,state unemployment compensation law4 ,with respect to erroneous ,federal payments recovered consistent with the authority under such subparagraphs 7,h7 and 7,i71 the ,state shall immediately place the same percentage of the recovered payments into the same sub-account of the ,state's account in the ,unemployment ,trust ,fund as provided in the ,state law implementing such section #ccjd7;a77#d74 7#b7 ,definition ,for purposes of this subsection1 the term unemployment compensation program of the ,united ,states means-- 7,a7 unemployment compensation for ,federal civilian employees under subchapter ,i of chapter #he of title #e1 ,united ,states ,code2 7,b7 unemployment compensation for ex-servicemembers under subchapter ,,ii of chapter #he of title #e1 ,united ,states ,code2 7,c7 extended benefits under the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note72 7,d7 any ,federal temporary extension of unemployment compensation2 7,e7 any ,federal program that increases the weekly amount of unemployment compensation payable to individuals2 and 7,f7 any other ,federal program providing for the payment of unemployment compensation1 as determined by the ,secretary4 4 7f7 ,effective date ,the amendments made by this section shall apply to overpayments or payments of contributions 7or payments in lieu of contributions7 that are collected as a result of an investigation and assessment by the ,state agency 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 ,december #ca1 #bjbf4 7g7 ,implementation 7#a7 ,guidance ,not later than #ij days after the date of enactment of this section1 the ,secretary of ,labor shall provide guidance to ,states for implementing the amendments made by this section4 7#b7 ,regulations 7,a7 ,interim final rule ,not later than #a year after the date of enactment of this section1 the ,secretary of ,labor shall issue an interim final rule to carry out the amendments made by section4 7,b7 ,final ,rule ,not later than #b years after the date of enactment of this section1 the ,secretary of ,labor shall issue a final rule to carry out the amendments made by section4 ,,ii ,unemployment ,insurance ,program ,integrity #bja4 ,use of ,national ,directory of ,new ,hires in administration of unemployment compensation programs ,section #cjc of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc71 as amended by section #ajc7;e71 is amended by adding at the end the following new subsection3 7o7 ,use of ,national ,directory of ,new ,hires 7#a7 ,in general ,the ,state agency charged with administration of the ,state law shall have in place procedures to-- 7,a7 compare information in the ,national ,directory of ,new ,hires established under section #dec7;i7 against unemployment compensation data to identify any individuals claiming unemployment compensation 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 7#c7 ,effective date ,the requirements of 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 requirements2 or 7,b7 ,december #ca1 #bjbf4 4 #bjb4 ,electronic transmission of unemployment compensation information ,section #cjc of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc71 as amended by sections #ajc7;e7 and #bja1 is amended by adding at the end the following new subsection3 7p7 ,electronic transmission of unemployment compensation information 7#a7 ,in general ,the ,state agency charged with administration of the ,state law shall use a system designated by the ,secretary of ,labor for automated electronic transmission between such ,state agency and employers or their agents of requests for information relating to unemployment compensation and the provision of such information to such ,state agency4 7#b7 ,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 the system described in paragraph 7#a7 and to resolve any technical challenges with the system4 7#c7 ,reports on use of electronic system ,not later than ,december #ca1 #bjbg 7and if subsequently requested by the ,committee on ,finance of the ,senate or the ,committee on ,ways and ,means of the ,house of ,representatives1 but in no case more once per year771 the ,secretary shall submit to such ,committees a report that contains information on-- 7,a7 the proportion of employers using the designated system described in paragraph 7#a72 7,b7 the reasons reported by employers for not using such system2 7,c7 the efforts that ,states are undertaking to increase employers' use of such system2 7,d7 which components and functions of such system ,states and employers in the ,states are using2 and 7,e7 other information determined appropriate by the ,secretary4 7#d7 ,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 this subsection1 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 7#e7 ,effective date ,the requirements of this subsection 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 requirements2 or 7,b7 ,december #ca1 #bjbf4 4 #bjc4 ,unemployment compensation data cross-matching 7a7 ,in general ,section #cjc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a771 as amended by section #ajc1 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;,a71 by striking 2 and and inserting a period2 and 7#c7 by adding at the end the following new paragraph3 7#ac7 ,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 7b7 ,effective date ,the amendments made by subsection 7a7 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 ,december #ca1 #bjbf4 #bjd4 ,incarcerated individuals 7a7 ,in general ,section #cjc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a771 as amended by sections #ajc and #bjc7;a71 is amended by adding at the end the following new paragraph3 7#ad7 ,the regular cross-matching of claimants for unemployment compensation under the ,state law1 or under ,federal law administered by the ,state pursuant to an agreement1 with the prisoner information maintained under sections #bjb7x7 and #afaa7;e7 by the ,social ,security ,administration or such other repositories of information identifying individuals who are incarcerated as the ,secretary of ,labor may require1 for purposes of assisting in the determination of eligibility1 subject to appropriate safeguards determined by the disclosing agency to ensure such information is used only for authorized purposes4 4 7b7 ,effective date ,the amendment made by subsection 7a7 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 ,december #ca1 #bjbf4 #bje4 ,regulations 7a7 ,interim final rule ,not later than #a year after the date of enactment of this section1 the ,secretary of ,labor shall issue an interim final rule to carry out the amendments made by sections #bja1 #bjb1 #bjc1 and #bjd4 7b7 ,final rule ,not later than #b years after the date of enactment of this section1 the ,secretary of ,labor shall issue a final rule to carry out the amendments made by sections #bja1 #bjb1 #bjc1 and #bjd4 7c7 ,requirements ,in issuing the interim final rule under subsection 7a7 and the final rule under subsection 7b71 the ,secretary of ,labor shall-- 7#a7 take into account benefit access1 benefit timeliness1 program integrity 7including fraud prevention71 due process1 and other factors determined appropriate by the ,secretary2 7#b7 specify-- 7,a7 the method and frequency of cross-matching necessary to minimize susceptibility to fraud while ensuring benefit access and timeliness2 7,b7 methods to ensure that data used for cross-matching is accurate and up-to-date2 7,c7 methods of evaluating the systems described in the amendments made by sections #bja1 #bjb1 #bjc1 and #bjd for effectiveness in preventing and detecting fraud and improper payments2 7,d7 methods for ensuring that such systems do not result in the flagging of claims based on the personal characteristics of the applicant or claimant1 such as race1 color1 religion1 sex1 national origin1 age1 disability1 or political affiliation or belief2 7,e7 methods for ensuring that such systems comply with best practices for privacy and cybersecurity1 including ensuring that the cybersecurity of such systems is consistent with the relevant cybersecurity laws 7including regulations71 policies1 and standards that would apply if the system were operated by an agency in the executive branch2 and 7,f7 other information necessary to ensure proper implementation of the amendments made by sections #bja1 #bjb1 #bjc1 and #bjd1 as determined appropriate by the ,secretary of ,labor4 ,,iii ,unemployment ,insurance ,administration and ,technology #cja4 ,access to benefits 7a7 ,in general ,section #cjc of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc71 as amended by sections #ajc7;e71 #bja1 and #bjb1 is amended by adding at the end the following new subsection3 7q7 ,access to benefits 7#a7 ,in general ,the ,state agency charged with administration of the ,state law shall1 in accordance with standards established by the ,secretary-- 7,a7 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 compensation2 7,b7 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 employee1 short-term layoffs1 business shutdowns1 partial unemployment1 and short-time compensation2 7,c7 ensure that any online claim filing system used by the ,state meets the requirements described in paragraph 7#b72 and 7,d7 ensure that alternate means of claim filing 7such as phone and in-person options7 are available4 7#b7 ,access requirements for online claim filing ,the requirements described in this paragraph with respect to an online claim filing system are the following3 7,a7 ,the online claim filing system-- 7i7 ensures that the process of filing initial and continuing claims for unemployment compensation can be readily understood and accomplished by claimants 7including individuals with limited ,english proficiency1 individuals with disabilities 7in compliance with section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d771 older individuals1 and individuals with literacy challenges72 and 7ii7 provides clear methods of seeking assistance if a claimant is unable to readily understand or accomplish the process of filing initial or continuing claims4 7,b7 ,the online claim filing system-- 7i7 allows claimants to access the online claim filing system and file a claim in any language spoken at home by more than #a percent of the ,state's population1 as determined by the ,secretary using data from the ,bureau of the ,census 7with such translations either completed by human translators or1 in the case of a translation completed by translation software1 reviewed by a human translator72 and 7ii7 complies with the requirements of the ,plain ,writing ,act of #bjaj 7#e ,u4,s4,c4 #cja note71 including requirements related to providing information that is clear1 concise1 and well-organized4 7,c7 ,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 browsers1 including operating systems and web browsers commonly used on desktop computers1 tablets1 and mobile devices1 such that any features of the online claim filing system 7such as the ability to upload documentation7 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 devices4 7,d7 ,the online claim filing system allows for electronic submission of documentation required to support a claim1 including the ability of claimants to scan or photograph and submit documentation using a tablet or mobile device4 7,e7 ,the online claim filing system allows claimants to access such system #bd hours a day1 #g days a week1 with the exception of scheduled and emergency maintenance that shall be conducted1 to the extent practicable1 at nonpeak hours4 7,f7 ,the online claim filing system is capable of deploying multiple methods of communication with claimants1 such as short message service 7,,sms7 message1 email1 postal mail1 live chat1 or chatbots4 7#c7 ,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 this subsection1 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 7#d7 ,effective date ,the requirements of this subsection 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 requirements2 or 7,b7 ,december #ca1 #bjbg4 4 7b7 ,regulations 7#a7 ,final rule ,not later than #b years after the date of enactment of this section1 the ,secretary of ,labor shall issue a final rule to carry out the amendment made by subsection 7a74 7#b7 ,requirements ,in issuing the final rule under paragraph 7#a71 the ,secretary of ,labor shall take into account-- 7,a7 benefit access1 benefit timeliness1 program integrity 7including fraud prevention71 and due process2 7,b7 how ,states may meet the requirements of section #cjc7q7 of the ,social ,security ,act1 as added by subsection 7a71 while minimizing susceptibility to fraud2 7,c7 best practices related to user experience1 technology modernization1 and procurement1 including best practices for minimizing the cost of modernization2 and 7,d7 other factors determined appropriate by the ,secretary of ,labor4 #cjb4 ,,gao study and report on the use of funding for unemployment fraud prevention1 equitable access1 and timely payments 7a7 ,study ,the ,comptroller ,general of the ,united ,states 7in this section referred to as the ,comptroller ,general7 shall conduct a study on the obligation and use of funds under section #baah of division ,a of the ,,cares ,act 7#ae ,u4,s4,c4 #ijcd71 as added by section #ijcb of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b74 ,such study shall include an analysis of the following3 7#a7 ,how the amounts appropriated under such section #baah are being utilized by the ,secretary of ,labor and ,states and territories to detect and prevent fraud1 promote equitable access1 and ensure timely payment of benefits under unemployment compensation programs1 including the percentage of such amounts that were used for each of the #c permissible uses under subsection 7b7 of such section #baah4 7#b7 ,the progress and implementation of projects funded under such section #baah arising from ,department of ,labor ,tiger ,team recommendations1 including any reasons for deviation from agreed-upon negotiated recommendations issued by ,department of ,labor ,tiger ,teams4 7#c7 ,outcome metrics used by ,states and territories and the ,secretary to demonstrate effectiveness of actions taken using the amounts appropriated under such section #baah in achieving the purposes of detecting and preventing fraud1 promoting equitable access1 and ensuring the timely payment of benefits4 7#d7 ,whether any of the amounts appropriated under such section #baah were used for any purpose other than the #c permissible uses under subsection 7b7 of such section #baah4 7#e7 ,the methodology used by the ,secretary to determine funding allocations of the amounts appropriated under such section #baah4 7#f7 ,the total amount of unobligated funds remaining under such section #baah4 7#g7 ,how amounts appropriated under such section #baah have been used for technology modernization1 and whether ,states and territories have remaining technology modernization needs4 7#h7 ,the total amount awarded under each grant1 the projects undertaken by each ,state and territory using such grant1 the amount allocated for each such project1 whether such project is complete or incomplete1 and1 if incomplete1 an estimate for the completion of each project4 7#i7 ,whether ,states and territories will be able to continue activities to detect and prevent fraud1 promote equitable access1 and ensure timely payment of benefits funded with the amounts appropriated under such section #baah when such amounts are expended4 7#aj7 ,contracts1 grants1 cooperative agreements1 progress reports 7including ,,eta ,,arpa #iaghs71 and other supporting documents relating to agreements entered into using amounts appropriated under such section #baah1 and the amount spent on such contracts1 grants1 agreements1 and progress reports4 7#aa7 ,any other area determined appropriate by the ,comptroller ,general4 7b7 ,report ,not later than #b years after the date of enactment of this section1 the ,comptroller ,general shall submit to ,congress a report containing the results of the study conducted under subsection 7a71 together with recommendations for such legislation and administrative action as the ,comptroller ,general determines appropriate4