,i #aaith ,,congress #ast ,session ,h4 ,r4 #ddci ,,in ,,the ,,house ,,of ,,representatives ,july #af1 #bjbe,mr4 ,beyer introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committee on the ,budget1 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 modernize unemployment compensation benefits4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,unemployment ,insurance ,modernization and ,recession ,readiness ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,modernization of extended benefits,sec4 #aja4 ,full ,federal funding of extended unemployment compensation4,sec4 #ajb4 ,improving the extended benefit triggers4,sec4 #ajc4 ,increase in the number of weeks of extended benefits during high unemployment periods4,sec4 #ajd4 ,improved calculation of amounts in an individual's extended benefit account4,sec4 #aje4 ,transition for amounts remaining in extended benefit accounts when a ,state is no longer in an extended benefit period4,sec4 #ajf4 ,coordination of extended benefits with regular compensation4,sec4 #ajg4 ,portability of extended benefits4,sec4 #ajh4 ,additional extended benefit program improvements4,sec4 #aji4 ,exemption of extended benefits from sequestration4,sec4 #aaj4 ,effective date4,,title ,,ii--,modernization of regular unemployment,sec4 #bja4 ,floor on the number of weeks4,sec4 #bjb4 ,floor on the minimum replacement of wages4,sec4 #bjc4 ,floor on the maximum benefit4,sec4 #bjd4 ,part-time work4,sec4 #bje4 ,base period4,sec4 #bjf4 ,expansion of good cause separations4,sec4 #bjg4 ,unemployment compensation for victims of a qualifying act of violence or harassment4,sec4 #bjh4 ,elimination of waiting weeks4,sec4 #bji4 ,temporary work assignment4,sec4 #baj4 ,self-employment assistance program4,sec4 #baa4 ,short-time compensation program4,sec4 #bab4 ,minimum level of prior employment4,sec4 #bac4 ,employee status4,sec4 #bad4 ,eligibility of certain student-workers for unemployment compensation4,sec4 #bae4 ,dependents' allowance4,sec4 #baf4 ,labor disputes4,sec4 #bag4 ,educational employees4,sec4 #bah4 ,emergency enhanced unemployment compensation4,,title ,,iii--,jobseeker ,allowance,sec4 #cja4 ,jobseeker allowance4 ,i ,modernization of extended benefits #aja4 ,full ,federal funding of extended unemployment compensation 7a7 ,in general ,section #bjd of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7#a7 ,there shall be paid and all that follows through the period at the end of paragraph 7#b7 and inserting the following3 87#a7 ,there shall be paid to each ,state an amount equal to #ajj percent of the extended compensation 7including allowances for dependents7 paid to individuals under ,state law4 7#b7 ,no payment shall be made to any ,state under this subsection with respect to benefits paid if the ,state-- 7,a7 assesses payments due in lieu of contributions from the employer for such benefits2 or 7,b7 charges the employer for purposes of employer experience rating for such benefits4 2 and 7,b7 in paragraph 7#c71 by striking section #ccjf7;c77#g7 of the ,internal ,revenue and all that follows through reduced by an amount and inserting paragraph 7#g7 or 7#h7 of section #ccjf7;c7 of the ,internal ,revenue ,code of #aihf applies shall be reduced by an amount equal to #ej percent of the amount2 7#b7 by striking subsections 7b7 and 7c72 and 7#c7 by redesignating subsections 7d7 and 7e7 as subsections 7b7 and 7c71 respectively4 7b7 ,conforming amendment ,section #bjb7;a77#f7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended by striking or shareable regular compensation4 #ajb4 ,improving the extended benefit triggers 7a7 ,,tur triggers ,section #bjc of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended by striking subsection 7f7 and inserting the following new subsections3 7f7 ,state ,,tur trigger 7#a7 ,in general ,for purposes of this section3 7,a7 ,on indicator ,there is a ,state on indicator for a week if the average rate of total unemployment in such ,state 7seasonally adjusted7 for the period consisting of the most recent #c months for which data for all ,states are published before the close of such week equals or exceeds #e4e percent4 7,b7 ,off indicator ,there is a ,state off indicator for a week if the requirement of subparagraph 7,a7 is not satisfied4 7#b7 ,application ,notwithstanding the provision of any ,state law1 any week for which there would otherwise be a ,state on indicator shall continue to be such a week and shall not be determined to be a week for which there is a ,state off indicator4 7#c7 ,determinations of the rate of total unemployment ,for purposes of this subsection1 determinations of the rate of total unemployment in any ,state for any period 7and of any seasonal adjustment7 shall be made by the ,secretary4 7g7 ,national ,,tur trigger 7#a7 ,in general ,for purposes of this section3 7,a7 ,on indicator ,there is a ,state on indicator for a week if the average rate of total unemployment for all ,states 7seasonally adjusted7 for the period consisting of the most recent #c months for which data for all ,states are published before the close of such week equals or exceeds #e4e percent4 7,b7 ,off indicator ,there is a ,state off indicator for a week if the requirement of subparagraph 7,a7 is not satisfied4 7#b7 ,application ,notwithstanding the provision of any ,state law1 any week for which there would otherwise be a ,state on indicator shall continue to be such a week and shall not be determined to be a week for which there is a ,state off indicator4 7#c7 ,determinations of the rate of total unemployment ,for purposes of this subsection1 determinations of the rate of total unemployment for all ,states for any period 7and of any seasonal adjustment7 shall be made by the ,secretary4 4 7b7 ,elevated ,national unemployment trigger 7#a7 ,in general ,section #bjc of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note71 as amended by subsection 7a71 is amended by adding at the end the following new subsection3 7h7 ,elevated ,national unemployment trigger 7#a7 ,in general ,for purposes of this section3 7,a7 ,on indicator ,there is a ,state on indicator for a week if the average rate of total unemployment for all ,states 7seasonally adjusted7 for the period consisting of the most recent #c months for which data for all ,states are published before the close of such week is at least #j4e percentage points higher than the lowest average rate of total unemployment for all ,states 7seasonally adjusted7 for any continuous #c-month period in the preceding #ab months4 7,b7 ,off indicator ,there is a ,state off indicator for a week if the average rate of total unemployment for all ,states 7seasonally adjusted7 for the period consisting of the most recent #c months for which data for all ,states is published before the close of such week-- 7i7 has decreased for not less than #b consecutive months2 7ii7 is less than #e4e percent2 and 7iii7 is less than #a4e percentage points above the average rate of total unemployment for all ,states 7seasonally adjusted7 for the period consisting of the most recent #c months for which data for all ,states is published before the close of the first week for which there is an on indicator under subparagraph 7,a74 7#b7 ,application ,notwithstanding the provision of any ,state law1 any week for which there would otherwise be a ,state on indicator shall continue to be such a week and shall not be determined to be a week for which there is a ,state off indicator4 7#c7 ,determinations of the rate of total unemployment ,for purposes of this subsection1 determinations of the rate of total unemployment for all ,states for any period 7and of any seasonal adjustment7 shall be made by the ,secretary4 7#d7 ,inclusion of determination in monthly employment situation reports ,notwithstanding any other provision of law1 the ,secretary1 acting through the ,commissioner of the ,bureau of ,labor ,statistics1 shall include in each monthly employment situation report published by the ,commissioner a specific determination of whether or not there is an on indicator under paragraph 7#a77;,a7 in the ,united ,states4 4 7#b7 ,coordination between elevated ,national unemployment trigger and other triggers ,section #bjc7;b7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended by adding at the end the following new paragraph3 7#c7 7,a7 ,in the case of a ,state for which there is an on indicator for a week under subsection 7h7 and an on indicator for such week under subsection 7f7 or 7g71 section #bjb7;b77#a7 shall be applied by substituting-- 7i7 #ajj per centum for #ej per centum in subparagraph 7,a72 and 7ii7 twenty-six for thirteen in subparagraph 7,b74 7,b7 ,the increase in amounts in an account by reason of subparagraph 7,a7 shall be in addition to any increases in amounts in an account by reason of paragraph 7#c7 of section #bjb7;b74 4 #ajc4 ,increase in the number of weeks of extended benefits during high unemployment periods ,section #bjb7;b7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,the ,state law and inserting ,subject to paragraph 7#c7 and section #bjc7;b77#c71 the ,state law2 7,b7 in subparagraph 7,a71 by inserting or at the end2 7,c7 in subparagraph 7,b71 by striking 1 or at the end and inserting a period2 and 7,d7 by striking subparagraph 7,c72 and 7#b7 by striking paragraph 7#c7 and inserting the following new paragraph3 7#c7 ,increase in amount in account during high unemployment periods 7,a7 ,tiers ,effective with respect to weeks beginning in a high unemployment period1 paragraph 7#a7 shall be applied as follows3 7i7 ,second tier ,in the case of weeks in a tier #b high unemployment period described in subparagraph 7,b77i71 by substituting-- 7,i7 #ajj per centum for #ej per centum in subparagraph 7,a72 and 7,,ii7 twenty-six for thirteen in subparagraph 7,b74 7ii7 ,third tier ,in the case of weeks in a tier #c high unemployment period described in subparagraph 7,b77ii71 by substituting-- 7,i7 #aej per centum for #ej per centum in subparagraph 7,a72 and 7,,ii7 thirty-nine for thirteen in subparagraph 7,b74 7iii7 ,fourth tier ,in the case of weeks in a tier #d high unemployment period described in subparagraph 7,b77iii71 by substituting-- 7,i7 #bjj per centum for #ej per centum in subparagraph 7,a72 and 7,,ii7 fifty-two for thirteen in subparagraph 7,b74 7,b7 ,high unemployment periods 7i7 ,second tier ,for purposes of subparagraph 7,a77i71 a second tier high unemployment period described in this clause is any period during which an extended benefit period would be in effect if subsection 7f77#a77;,a7 or 7g77#a77;,a7 of section #bjc were applied by substituting #f4e percent but is less than #g4e percent for #e4e percent4 7ii7 ,third ,tier ,for purposes of subparagraph 7,a77ii71 a third tier high unemployment period described in this clause is any period during which an extended benefit period would be in effect if subsection 7f77#a77;,a7 or 7g77#a77;,a7 of section #bjc were applied by substituting #g4e percent but is less than #h4e percent for #e4e percent4 7iii7 ,fourth ,tier ,for purposes of subparagraph 7,a77iii71 a fourth tier high unemployment period described in this clause is any period during which an extended benefit period would be in effect if subsection 7f77#a77;,a7 or 7g77#a77;,a7 of section #bjc were applied by substituting #h4e percent for #e4e percent4 7,c7 ,individuals remain eligible for augmented amount even if tier threshold no longer met ,if an individual's account is augmented under subparagraph 7,b7 because a ,state triggers on to a tier described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,b71 the augmented amount shall remain in such account for the duration of the individual's benefit year even if the requirements for such tier are no longer met4 7,d7 ,clarification ,the triggers under subsections 7d7 and 7h7 of section #bjc shall not apply for purposes of determining high unemployment periods under this paragraph4 4 #ajd4 ,improved calculation of amounts in an individual's extended benefit account 7a7 ,in general ,section #bjb7;b77#a7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended1 in the matter preceding subparagraph 7,a71 by striking the least and inserting the greatest4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to extended compensation accounts established 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 ,january #a1 #bjbg4 #aje4 ,transition for amounts remaining in extended benefit accounts when a ,state is no longer in an extended benefit period ,section #bjc7;b7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note71 as amended by section #ajb7;b77#b71 is amended by adding at the end the following new paragraph3 7#d7 ,in the case of an individual who has amounts remaining in an account established under section #bjb7;b7 as of the date that extended benefits would otherwise not be payable to the individual because there is a ,state off indicator1 extended compensation shall continue to be payable to such individual from such amounts for any week-- 7,a7 that begins on or after such date and ends on or before #f months after such date2 and 7,b7 for which the individual meets the eligibility requirements under this title4 4 #ajf4 ,coordination of extended benefits with regular compensation ,section #bjb of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended by adding at the end the following new subsection3 7d7 ,coordination of extended compensation with regular compensation 7#a7 ,if-- 7,a7 an individual has been determined to be entitled to extended compensation with respect to a benefit year2 7,b7 such benefit year has expired2 7,c7 such individual has remaining entitlement to extended compensation with respect to such benefit year2 and 7,d7 such individual would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least #be less than the individual's weekly benefit amount in the benefit year referred to in subparagraph 7,a72 then the ,state shall determine eligibility for compensation as provided in paragraph 7#b74 7#b7 ,for individuals described in paragraph 7#a71 the ,state shall determine whether the individual is to be paid extended compensation or regular compensation for a week of unemployment using one of the following methods3 7,a7 ,the ,state shall1 if permitted by ,state law1 establish a new benefit year1 but defer the payment of regular compensation with respect to that new benefit year until exhaustion of all extended compensation payable with respect to the benefit year referred to in paragraph 7#a77;,a74 7,b7 ,the ,state shall1 if permitted by ,state law1 defer the establishment of a new benefit year 7which uses all the wages and employment which would have been used to establish a benefit year but for the application of this paragraph7 until exhaustion of all extended compensation payable with respect to the benefit year referred to in paragraph 7#a77;,a74 7,c7 ,the ,state shall pay1 if permitted by ,state law-- 7i7 regular compensation equal to the weekly benefit amount established under the new benefit year2 and 7ii7 extended compensation equal to the difference between that weekly benefit amount and the weekly benefit amount for the expired benefit year4 7,d7 ,the ,state shall determine rights to extended compensation without regard to any rights to regular compensation if the individual elects to not file a claim for regular compensation under the new benefit year4 4 #ajg4 ,portability of extended benefits ,section #bjb7;a7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended by adding at the end the following new paragraph3 7#h7 ,the provisions under section #ccjd7;a77#i77;,a7 of the ,internal ,revenue ,code of #aihf shall apply to benefits under this title in the same manner as such provisions apply to regular compensation under ,state law4 4 #ajh4 ,additional extended benefit program improvements 7a7 ,state law requirements ,section #bjb7;a7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended-- 7#a7 paragraph 7#c7-- 7,a7 in subparagraph 7,d77iii71 by striking subparagraphs 7,c7 and 7,e7 and inserting subparagraph 7,c72 and 7,b7 by striking subparagraph 7,e7 and redesignating subparagraph 7,f7 as subparagraph 7,e72 7#b7 by striking paragraphs 7#d71 7#e71 and 7#g7 and redesignating paragraph 7#f7 as paragraph 7#d72 and 7#c7 in paragraph 7#d71 as so redesignated1 by striking paragraphs 7#c71 7#d71 and 7#e7 and inserting paragraph 7#c74 7b7 ,elimination of mandatory #ac-,week off period ,section #bjc7;b77#a7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended by striking any ,state and all that follows before the period at the end and inserting any ,state1 no extended benefit period shall last for a period of less than thirteen consecutive weeks4 7c7 ,elimination of look back under the insured unemployment rate trigger ,section #bjc7;d7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended-- 7#a7 in paragraph 7#a71 by striking twelve weeks-- and all that follows through #e per centum and inserting twelve weeks equal or exceeded #e percent2 7#b7 in paragraph 7#b71 by striking either subparagraph 7,a7 or subparagraph 7,b7 of 2 and 7#c7 by striking the second and third sentences4 7d7 ,determination of insured unemployment rate ,section #bjc7;e77#a77;,a7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 is amended by inserting 1 extended compensation1 unemployment compensation for ,federal civilian employees under subchapter ,i of chapter #he of title #e1 ,united ,states ,code1 or unemployment compensation for ex-servicemembers under subchapter ,,ii of such chapter #he after regular compensation4 #aji4 ,exemption of extended benefits from sequestration 7a7 ,in general ,section #bee7;g77#a77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ije7;g77#a77;,a77 is amended by inserting after ,payments to ,social ,security ,trust ,funds 7#bh-jdjd-j-a-fea74 the following3 ,payments to a ,state under the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74 4 7b7 ,applicability ,the amendment made by this section shall apply to any sequestration order issued under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj et seq47 on or after the date of enactment of this ,act4 #aaj4 ,effective date ,the amendments made by this title 7other than sections #ajd and #aji7 shall apply to weeks of unemployment beginning on or after ,january #a1 #bjbg 7or earlier if established by ,state law 7but in no case earlier than #fj days after the date of enactment of this ,act774 ,,ii ,modernization of regular unemployment #bja4 ,floor on the number of weeks 7a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in paragraph 7#ah71 by striking and at the end2 7#b7 by redesignating paragraph 7#ai7 as paragraph 7#bj72 and 7#c7 by inserting after paragraph 7#ah7 the following new paragraph3 7#ai7 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 used1 or1 in the case of a ,state that uses a maximum benefit entitlement1 an individual's maximum benefit entitlement may not be less than #bf times the individual's weekly benefit amount2 and 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bjb4 ,floor on the minimum replacement of wages 7a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7#a7 in paragraph 7#ai71 by striking and at the end2 7#b7 by redesignating paragraph 7#bj7 as paragraph 7#ba72 and 7#c7 by inserting after paragraph 7#ai7 the following new paragraph3 7#bj7 an individual's weekly benefit amount is equal to the lesser of-- 7,a7 the maximum weekly benefit amount under the ,state law2 or 7,b7 an amount equal to the quotient of-- 7i7 an amount equal to at least #ge percent of the total earnings in the quarter of the individual's base period with the highest earnings2 divided by 7ii7 #ac2 and 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bjc4 ,floor on the maximum benefit 7a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7#a7 in paragraph 7#bj71 by striking and at the end2 7#b7 by redesignating paragraph 7#ba7 as paragraph 7#bb72 and 7#c7 by inserting after paragraph 7#bj7 the following new paragraph3 7#ba7 the maximum weekly benefit amount may not be less than #b_/c of the ,state's average weekly wage 7as determined by the ,secretary of ,labor7 as of ,october #a of each calendar year and applied for claims effective on or after ,january #a of the subsequent calendar year2 and 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bjd4 ,part-time work 7a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7#a7 in paragraph 7#ba71 by striking and at the end2 7#b7 by redesignating paragraph 7#bb7 as paragraph 7#be72 and 7#c7 by inserting after paragraph 7#ba7 the following new paragraphs3 7#bb7 an individual is not denied unemployment compensation under any ,state law provisions relating to ability to work1 availability for work1 active search for work1 or refusal to accept work1 solely on the basis of the number of hours of work such individual is seeking1 provided that the individual is seeking at least the lesser of-- 7,a7 #bj hours of work per week2 or 7,b7 a number of hours of work per week equal to at least #a_/b of the typical number of hours worked per week in the individual's base period2 7#bc7 an unemployed individual may claim benefits for a week of partial unemployment where the individual performs less than full-time work while continuing to search for additional part-time or full-time work in accordance with ,state law if their earnings are less than the individual's weekly benefit amount2 7#bd7 when determining the weekly benefit amount for an individual claiming a benefit for a week of partial unemployment1 the ,state disregards1 at a minimum1 earnings equal to #a_/c of the individual's weekly benefit amount in computing the individual's weekly benefit for partial unemployment2 and 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bje4 ,base period 7a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7#a7 in paragraph 7#bd71 by striking and at the end2 7#b7 by redesignating paragraph 7#be7 as paragraph 7#bg72 and 7#c7 by inserting after paragraph 7#bd7 the following new paragraphs3 7#be7 the ,state law-- 7,a7 uses a base period that consists of #d completed calendar quarters preceding the effective date of the claim and includes the most recently completed calendar quarter before the start of the benefit year for purposes of determining eligibility for unemployment compensation2 or 7,b7 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 meet the requirements described in subparagraph 7,a71 eligibility is determined using a base period that consists of #d completed calendar quarters preceding the effective date of the claim and includes the most recently completed calendar quarter before the start of the benefit year2 7#bf7 in the case of an individual who would not otherwise be eligible for unemployment compensation under ,state law because the individual took unpaid leave or reduced pay for medical1 parental1 or caregiving purposes during the base period1 or because the individual was incapable of work due to illness1 injury1 or disability during the base period1 eligibility shall be determined using a base period that includes the ,state's standard or alternative base period and at least #d additional consecutive quarters immediately before the base period or alternative base period2 and 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply to claims with an effective date 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bjf4 ,expansion of good cause separations 7a7 ,in general ,section #ccjd of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#bf71 by striking and at the end2 7,b7 by redesignating paragraph 7#bg7 as paragraph 7#bh72 and 7,c7 by inserting after paragraph 7#bf7 the following new paragraph3 7#bg7 an individual shall not be disqualified from unemployment compensation for separating from employment if that separation is for any compelling reason 7as defined in subsection 7g772 and 2 and 7#b7 by adding at the end the following new subsection3 7g7 ,definition of compelling reason 7#a7 ,in general ,for purposes of subsection 7a77#bg71 the ,secretary of ,labor shall establish a definition for the term compelling reason4 7#b7 ,requirements ,in defining the term compelling reason1 the ,secretary shall include the following reasons3 7,a7 ,illness or disability of a qualified family member 7i7 ,in general ,the illness or disability of a qualified family member of the individual4 7ii7 ,qualified family member ,for purposes of clause 7i71 the term qualified family member means1 with respect to an individual-- 7,i7 a spouse 7including a domestic partner in a civil union or other registered domestic partnership recognized by a ,state7 and a spouse's parent2 7,,ii7 a child and a child's spouse2 7,,iii7 a parent and a parent's spouse2 7,,iv7 a sibling and a sibling's spouse2 7,v7 a grandparent1 a grandchild1 or a spouse of a grandparent or grandchild2 and 7,,vi7 any other individual who is related by blood or affinity and whose association with the individual is the equivalent of a family relationship 7as determined under regulations issued by the ,secretary of the ,labor74 7,b7 ,accompany the individual's spouse ,in order to accompany such individual's spouse-- 7i7 to a place which is outside of the individual's commuting area2 and 7ii7 due to a change in location of the spouse's employment4 7,c7 ,relocation of workplace ,the relocation of the workplace of the individual to a place which is outside of the individual's commuting area4 7,d7 ,care for a child ,the need to care for a child when child care has been lost and an alternative arrangement cannot be reasonably secured4 7,e7 ,unusual risk ,the individual's job presents any unusual risk to the health or safety of the individual4 7,f7 ,employer's failure to conform to ,state and ,federal laws ,the employee's reasonable belief that the employer failed to conform to any ,state or ,federal law relating to wages1 hours1 working conditions1 collective bargaining1 harassment1 discrimination1 retaliation1 or reasonable accommodations4 7,g7 ,other reasons ,other reasons determined appropriate by the ,state4 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bjg4 ,unemployment compensation for victims of a qualifying act of violence or harassment 7a7 ,in general ,section #ccjd of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#bg71 by striking and at the end2 7,b7 by redesignating paragraph 7#bh7 as paragraph 7#bi72 and 7,c7 by inserting after paragraph 7#bg7 the following new paragraph3 7#bh7 an individual shall not be denied compensation under such ,state law solely on the basis of the individual having a voluntary separation from work if such separation is attributable to such individual being a victim of a qualifying act of violence or harassment2 and 2 and 7#b7 by adding at the end the following new subsection 7h7 ,victims of a qualifying act of violence or harassment 7#a7 ,documentation ,for purposes of subsection 7a77#bh71 a voluntary separation of an individual shall be considered to be attributable to such individual being a victim of a qualifying act of violence or harassment if such individual submits such evidence as the ,state deems sufficient4 7#b7 ,sufficient documentation ,for purposes of paragraph 7#a71 a ,state shall deem sufficient-- 7,a7 evidence of such qualifying act of violence or harassment in the form of-- 7i7 a sworn statement and a form of identification2 7ii7 a police or court record2 7iii7 documentation from a professional from whom such individual has sought assistance1 including those associated with medical1 legal1 or religious professions or a victim service provider2 or 7iv7 any other documentation determined appropriate by the ,secretary of ,labor or the ,state2 and 7,b7 an attestation that such voluntary separation is attributable to such qualifying act of violence or harassment4 7#c7 ,definitions 7,a7 ,in general ,subject to subparagraph 7,b71 in this section3 7i7 ,qualifying act of violence or harassment ,the term qualifying act of violence or harassment means an act1 conduct1 or pattern of conduct that is or could constitute any of the following3 7,i7 ,domestic violence4 7,,ii7 ,dating violence4 7,,iii7 ,sexual assault4 7,,iv7 ,stalking4 7,v7 ,sexual harassment4 7,,vi7 ,other harassment4 7ii7 ,victim of a qualifying ,act of violence or harassment ,the term 8victim of a qualifying act of violence or harassment includes-- 7,i7 an individual who has experienced or is experiencing a qualifying act of violence or harassment2 and 7,,ii7 an individual whose family or household member has experienced or is experiencing a qualifying act of violence or harassment4 7iii7 ,violence ,against ,women ,act definitions ,the terms domestic violence1 dating violence1 sexual assault1 stalking1 and victim service provider have the meanings given such terms in section #djjjb of the ,violence ,against ,women ,act of #aiid1 except that if the corresponding paragraph for any such term is amended after the date of enactment of this subsection1 such amendment shall not apply for the purpose of this subsection until the earlier of-- 7,i7 the date the ,state changes its statutes1 regulations1 or policies in order to comply with such amendment2 or 7,,ii7 the date that is #b years after the date of enactment of such amendment4 7iv7 ,sexual harassment ,the term sexual harassment means hostile1 intimidating1 or oppressive behavior based on sex that creates an offensive work environment4 7v7 ,other harassment ,the term other harassment has the meaning given the term harassment 7other than sexual harassment7 under ,state law1 regulation1 or policy4 7,b7 ,states may apply broader definition ,a ,state may adopt a broader definition of any term under clause 7i71 7ii7 7iii71 7iv71 or 7v7 of subparagraph 7,a74 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bjh4 ,elimination of waiting weeks 7a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7#a7 in paragraph 7#bh71 by striking and at the end2 7#b7 by redesignating paragraph 7#bi7 as paragraph 7#cj72 and 7#c7 by inserting after paragraph 7#bh7 the following new paragraph3 7#bi7 compensation is immediately paid to an individual for their first week of otherwise compensable unemployment without a waiting week2 and 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bji4 ,temporary work assignment 7a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7#a7 in paragraph 7#bi71 by striking and at the end2 7#b7 by redesignating paragraph 7#cj7 as paragraph 7#ca72 and 7#c7 by inserting after paragraph 7#bi7 the following new paragraph3 7#cj7 an individual's completion of a temporary employment assignment is considered to be an involuntary layoff for the purposes of determining eligibility for unemployment compensation1 regardless of whether or not the individual has contacted the employer after a temporary assignment has ended2 and 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #baj4 ,self-employment assistance program 7a7 ,requirement 7#a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7,a7 in paragraph 7#d77;,f71 by inserting 1 as required under paragraph 7#ca7 after #ccjf7t772 7,b7 in paragraph 7#cj71 by striking and at the end2 7,c7 by redesignating paragraph 7#ca7 as paragraph 7#cb72 and 7,d7 by inserting after paragraph 7#cj7 the following new paragraph3 7#ca7 payment of allowances is made under a self-employment assistance program 7as defined in section #ccjf7t77 under the ,state law2 and 4 7#b7 ,conforming amendment ,section #cjc7;a77#e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a77#e771 is amended1 in the last proviso1 by inserting 1 as required under section #ccjd7;a77#ca7 of such ,code after #aihf74 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #baa4 ,short-time compensation program 7a7 ,required program 7#a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7,a7 in paragraph 7#d77;,e71 by inserting 1 as required under paragraph 7#cb7 after #ccjf7v772 7,b7 in paragraph 7#ca71 by striking and at the end2 7,c7 by redesignating paragraph 7#cb7 as paragraph 7#cc72 and 7,d7 by inserting after paragraph 7#ca7 the following new paragraph3 7#cb7 payment of short-time compensation is made under a short-time compensation program 7as defined in section #ccjf7v77 under the ,state law2 and 4 7#b7 ,conforming amendment ,section #cjc7;a77#e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a77#e771 is amended1 in the fifth proviso1 by inserting 1 as required under section #ccjd7;a77#cb7 of such ,code after #aihf74 7b7 ,revisions to definition of a short-,time compensation program 7#a7 ,flexibility 7,a7 ,in general ,section #ccjf7v77#c7 of the ,internal ,revenue ,code of #aihf is amended by striking #fj percent and inserting #hj percent4 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 shall take effect on the date of enactment of this ,act4 7#b7 ,permitting employers to file claim on behalf of employees ,section #ccjf7v7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by redesignating paragraphs 7#h71 7#i71 and 7#aj7 as paragraphs 7#i71 7#aj71 and 7#aa71 respectively2 and 7,b7 by inserting after paragraph 7#g7 the following new paragraph3 7#h7 the ,state agency allows an employer to file weekly claims under the program on behalf of employees2 4 7c7 ,effective date ,the amendments made by this section 7other than subsection 7b77#a77 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bab4 ,minimum level of prior employment 7a7 ,requirement 7#a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7,a7 in paragraph 7#cb71 by striking and at the end2 7,b7 by redesignating paragraph 7#cc7 as paragraph 7#cd72 and 7,c7 by inserting after paragraph 7#ca7 the following new paragraph3 7#cc7 compensation is not denied to an otherwise eligible individual if the individual earned at least #a1jjj in covered wages during the highest quarter of the base period and at least #a1ejj covered wages during the base period2 and 4 7#b7 ,state may reduce minimum thresholds ,nothing in the paragraph 7#cc7 of section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as added by paragraph 7#a71 shall preclude a ,state from reducing the dollar thresholds described in such paragraph 7#cb74 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bac4 ,employee status 7a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this title1 is amended-- 7#a7 in paragraph 7#cc71 by striking and at the end2 7#b7 by redesignating paragraph 7#cd7 as paragraph 7#ce72 and 7#c7 by inserting after paragraph 7#cc7 the following new paragraph3 7#cd7 an individual performing any service shall be considered an employee and not an independent contractor for the purpose of the ,state law1 unless-- 7,a7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of service and in fact2 7,b7 the service is performed outside the usual course of the business of the employer2 and 7,c7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in the service performed2 and 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bad4 ,eligibility of certain student-workers for unemployment compensation 7a7 ,in general ,section #ccjf7;c77#aj7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking subparagraphs 7,b7 and 7,c72 and 7#b7 by redesignating subparagraph 7,d7 as subparagraph 7,b74 7b7 ,effective date ,the amendment made by this section shall apply to service performed on or after ,january #a1 #bjbg4 #bae4 ,dependents' allowance 7a7 ,in general ,chapter #bc of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in section #ccjd7;a71 as previously amended by this ,act-- 7,a7 in paragraph 7#cd71 by striking and at the end2 7,b7 by redesignating paragraph 7#ce7 as paragraph 7#cf72 and 7,c7 by inserting after paragraph 7#cd7 the following new paragraph3 7#ce7 payment of dependents' allowances shall be paid pursuant to section #ccjd;,a2 and 2 and 7#b7 by inserting after section #ccjd1 the following new section3 #ccjd;,a4 ,dependents' allowance 7a7 ,in general ,subject to the succeeding provisions of this section1 for purposes of section #ccjd7;a77#ce71 a ,state shall provide1 in the case of any individual who is entitled to receive unemployment compensation and who has any dependents1 a dependents' allowance in an amount equal to the amount specified in subsection 7b7 per dependent per week4 7b7 ,amount specified 7#a7 ,in general ,the amount specified in this subsection is an amount equal to-- 7,a7 for #bjbg1 #be2 and 7,b7 for #bjbh or a subsequent year1 the dollar amount specified in this subsection for the preceding year increased by the percentage change in the ,consumer ,price ,index for ,all ,urban ,consumers for the #ab-month period ending with ,june of such preceding year4 7#b7 ,rounding ,if any amount determined under paragraph 7#a77;,b7 is not a multiple of #a1 such amount shall be rounded to the nearest multiple of #a4 7c7 ,dependent defined ,in this section1 the term dependent shall have the meaning given that term under ,state law1 except that such term shall include-- 7#a7 any child in the care of the individual who is under the age of #ah1 including a natural child1 an adopted child1 and a step-child2 7#b7 any child1 including stepchild1 natural child1 or adopted child1 who1 prior to enrollment as full-time student1 was in the care of the individual seeking benefits1 so long as the child remain enrolled as a full-time student and is under the age of #bd2 7#c7 any eligible foster child 7as defined in section #aeb7;f77#a77;,c77 placed with the individual2 7#d7 an immediate family member with a disability who is in the care of the individual or their household1 regardless of whether or not the family member resides in the individual's household2 7#e7 a nonworking senior family member living in the household of the individual2 7#f7 a nonworking spouse who is not receiving unemployment compensation2 and 7#g7 other individuals determined appropriate by the ,secretary of ,labor4 7d7 ,regulations ,not later than #c months after the date of enactment of this section1 the ,secretary of ,labor shall issue regulations to carry out this section4 4 7b7 ,permissible use of funds 7#a7 ,internal ,revenue ,code of #aihf ,section #ccjd7;a77#d7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in subparagraph 7,f71 by striking and at the end2 7,b7 in subparagraph 7,g77ii71 by inserting and at the end2 and 7,c7 by adding at the end the following3 7,h7 amounts may be withdrawn for the payment of dependents' allowances under section #ccjd;,a2 4 7#b7 ,social ,security ,act ,section #cjc7;a77#e7 of the ,social ,security ,act is amended by striking 2 and at the end and inserting 3 ,provided further1 ,that amounts may be withdrawn for the payment of dependents' allowances under section #ccjd;,a2 and4 7c7 ,conforming amendment ,the table of sections for chapter #bc of the ,internal ,revenue ,code of #aihf is amended inserting after the item relating to section #ccjd the following new item3 ,sec4 #ccjd;,a4 ,dependents' allowance4 4 7d7 ,effective date ,the amendments made by this section 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #baf4 ,labor disputes 7a7 ,in general ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf1 as previously amended by this ,act1 is amended-- 7#a7 in paragraph 7#ce71 by striking and at the end2 7#b7 by redesignating paragraph 7#cf7 as paragraph 7#cg72 and 7#c7 by inserting after paragraph 7#ce7 the following new paragraph3 7#cf7 compensation is not denied to an otherwise eligible individual if the separation is due to a labor dispute if-- 7,a7 the individual has been locked out by their employer2 7,b7 the dispute is the result of the employer's failure to conform to the provisions of a labor contract2 7,c7 the dispute is the result of the employer's failure to conform to any ,state or ,federal law relating to wages1 hours1 working conditions1 or collective bargaining2 or 7,d7 the individual and others of the same grade or class are not participating in the dispute1 financing it1 or directly interested in it2 and 4 7b7 ,effective date ,the amendments made by this section 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bag4 ,educational employees 7a7 ,in general ,section #ccjd7;a77#f77;,a77i7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking applies1 compensation shall and inserting the following3 8applies-- 7,i7 compensation shall 2 7#b7 in subclause 7,i71 as added by paragraph 7#a71 by inserting except that at the end2 and 7#c7 by adding at the end the following new subclause3 7,,ii7 if compensation is denied to any individual for any week under subclause 7,i7 and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms1 such individual shall be entitled to a retroactive payment of the compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of subclause 7,i71 4 7b7 ,effective date ,the amendments made by this section 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 amendments2 or 7#b7 ,january #a1 #bjbg4 #bah4 ,emergency enhanced unemployment compensation 7a7 ,in general ,chapter #bc of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in section #ccjd7;a71 as previously amended by this ,act-- 7,a7 in paragraph 7#bj71 in the matter preceding clause 7i71 by inserting 1 subject to paragraph 7#cg7 and section #ccjd;,b1 after benefit amount is2 7,b7 in paragraph 7#cf71 by striking and at the end2 7,c7 by redesignating paragraph 7#cg7 as paragraph 7#ch72 and 7,d7 by inserting after paragraph 7#cf7 the following new paragraph3 7#cg7 payment of emergency enhanced unemployment compensation shall be paid pursuant to section #ccjd;,b2 and 2 and 7#b7 by inserting after section #ccjd;,a1 as added by section #bae1 the following new section3 #ccjd;,b4 ,emergency enhanced unemployment compensation 7a7 ,compensation 7#a7 ,in general ,subject to the succeeding provisions of this section1 for purposes of section #ccjd7;a77#cg71 during an emergency period with respect to a ,state1 section #ccjd7;a77#bj77;,b77i7 shall be applied with respect to the ,state by substituting #ajj percent for at least #ge percent4 ,the additional amount an individual receives pursuant to the application of the preceding sentence shall be referred to as emergency enhanced unemployment compensation4 7#b7 ,emergency period ,for purposes of paragraph 7#a71 the term emergency period means1 with respect to a ,state1 any period during which-- 7,a7 a public health emergency has been declared under section #cai of the ,public ,health ,service ,act with respect to the ,state 7including a nationwide emergency72 or 7,b7 a major disaster or emergency has been declared by the ,president under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia74 7b7 ,payments to ,states 7#a7 ,in general 7,a7 ,full reimbursement ,there shall be paid to each ,state an amount equal to #ajj percent of-- 7i7 the total amount of emergency enhanced unemployment compensation paid to individuals by the ,state pursuant to this section2 and 7ii7 any additional administrative expenses incurred by the ,state by reason of making such payments 7as determined by the ,secretary of ,labor74 7,b7 ,terms of payments ,sums payable to any ,state under this section shall be payable1 either in advance or by way of reimbursement 7as determined by the ,secretary of ,labor71 in such amounts as the ,secretary of ,labor estimates the ,state will be entitled to receive under this section for each calendar month1 reduced or increased1 as the case may be1 by any amount by which the ,secretary of ,labor finds that the ,secretary's estimates for any prior calendar month were greater or less than the amounts that should have been paid to the ,state4 ,such estimates may be made on the basis of such statistical1 sampling1 or other method as may be agreed upon by the ,secretary of ,labor and the ,state agency of the ,state involved4 7#b7 ,certifications ,the ,secretary of ,labor shall from time to time certify to the ,secretary of the ,treasury for payment to each ,state the sums payable to such ,state under this section4 7#c7 ,deposit ,sums payable to any ,state under this section shall be deposited in the account of such ,state in the ,unemployment ,trust ,fund4 ,amounts deposited under preceding sentence may only be used by the ,state for the payment of emergency enhanced unemployment compensation under this section4 7#d7 ,funding ,there are appropriated from the general fund of the ,treasury1 without fiscal year limitation1 such sums as may be necessary for purposes of this section4 7c7 ,fraud and overpayments 7#a7 ,in general ,if 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 nondisclosure such individual has received an amount of emergency enhanced unemployment compensation to which such individual was not entitled1 such individual-- 7,a7 shall be ineligible for further emergency enhanced unemployment compensation in accordance with the provisions of the applicable ,state unemployment compensation law relating to fraud in connection with a claim for unemployment compensation2 and 7,b7 shall be subject to prosecution under section #ajja of title #ah1 ,united ,states ,code4 7#b7 ,repayment ,in the case of individuals who have received amounts of emergency enhanced unemployment compensation to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such emergency enhanced unemployment compensation to the ,state agency1 except that the ,state agency shall waive such repayment if it determines that-- 7,a7 the payment of such emergency enhanced unemployment compensation was not based on fraud on the part of any such individual2 and 7,b7 such repayment would be contrary to equity and good conscience4 7#c7 ,recovery by ,state agency 7,a7 ,in general ,the ,state agency may recover the amount to be repaid1 or any part thereof1 by deductions from any emergency enhanced unemployment compensation payable to such individual or from any unemployment compensation payable to such individual under any ,state or ,federal unemployment compensation law administered by the ,state agency or under any other ,state or ,federal law administered by the ,state agency which provides for the payment of any assistance or allowance with respect to any week of unemployment1 during the #c-year period after the date such individual received the payment of the emergency enhanced unemployment compensation to which they were not entitled1 in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the ,state4 7,b7 ,opportunity for hearing ,no repayment shall be required1 and no deduction shall be made1 until a determination has been made1 notice thereof and an opportunity for a fair hearing has been given to the individual1 and the determination has become final4 7#d7 ,review ,any determination by a ,state agency under this section shall be subject to review in the same manner and to the same extent as determinations under the ,state unemployment compensation law1 and only in that manner and to that extent4 7#e7 ,deposit in ,state unemployment fund ,any amount recovered by a ,state agency pursuant to this section shall be deposited in the account of such ,state in the ,unemployment ,trust ,fund4 ,amounts deposited under preceding sentence may only be used by the ,state for the payment of emergency enhanced unemployment compensation under this section4 7d7 ,payment ,to be disregarded for purposes of all ,federal and ,federally assisted programs ,a emergency enhanced unemployment compensation payment shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following #ab months1 for purposes of determining the eligibility of the recipient 7or the recipient's spouse or family7 for benefits or assistance1 or the amount or extent of benefits or assistance1 under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds4 7e7 ,regulations ,not later than #c months after the date of enactment of this section1 the ,secretary of ,labor shall issue regulations to carry out this section4 4 7b7 ,conforming amendment ,the table of sections for chapter #bc of the ,internal ,revenue ,code of #aihf1 as amended by section #bae1 is amended inserting after the item relating to section #ccjd;,a the following new item3 ,sec4 #ccjd;,b4 ,emergency enhanced unemployment compensation4 4 7c7 ,effective date ,the amendments made by this section 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 amendments2 or 7#b7 ,january #a1 #bjbg4 ,,iii ,jobseeker ,allowance #cja4 ,jobseeker allowance 7a7 ,in general ,chapter #bc of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in section #ccjd7;a71 as previously amended by this ,act-- 7,a7 in paragraph 7#cg71 by striking and at the end2 7,b7 by redesignating paragraph 7#ch7 as paragraph 7#ci72 and 7,c7 by inserting after paragraph 7#cg7 the following new paragraph3 7#ch7 payment of jobseeker allowances shall be paid pursuant to section #ccjd;,c2 and 2 and 7#b7 by inserting after section #ccjd;,b1 as added by section #bah1 the following new section3 #ccjd;,c4 ,jobseeker allowance 7a7 ,allowance 7#a7 ,in general ,subject to the succeeding provisions of this section1 for purposes of section #ccjd7;a77#ch71 a ,state shall provide for a weekly jobseeker allowance to any eligible individual in accordance with standards established by the ,secretary of ,labor4 7#b7 ,eligible individual ,in this section1 the term eligible individual means an individual who1 for any week-- 7,a7 is unemployed or partially employed1 including self-employment2 7,b7 is-- 7i7 subject to paragraph 7#d71 able to work and available to work2 and 7ii7 subject to paragraph 7#e71 actively seeking work2 7,c7 7i7 is at least #ai years of age 7or at least #ah years of age in the case of an individual in foster care under the responsibility of the ,state72 or 7ii7 has earned a high school diploma or its recognized equivalent2 and 7,d7 subject to paragraph 7#c71 has an adjusted gross income for the most recently completed tax year that does not exceed the contribution and benefit base as determined under section #bcj of the ,social ,security ,act4 7#c7 ,exception to ,,agi limitation ,the requirement under paragraph 7#b77;,d7 shall not apply to an individual in a household if1 in the past #f months-- 7,a7 another member of such household has been separated from employment2 7,b7 the individual has become separated or divorced from their spouse2 or 7,c7 another member of the individual's household has died4 7#d7 ,able to work and available to work 7,a7 ,in general ,for purposes of paragraph 7#b77;,b77i71 subject to subparagraph 7,b71 an individual shall be considered to be able to work and available to work as long as any limit on the individual's ability to work or availability to work does not constitute a withdrawal from the labor market4 ,for purposes of the preceding sentence1 an individual shall not be considered to have withdrawn from the labor market if the individual is able to work and available to work for #h or more hours per week4 7,b7 ,exceptions ,a jobseeker allowance shall not be denied to an otherwise eligible individual for any week during which the individual is not able to work and available for work because the individual-- 7i7 is not available for work outside of the locality of the individual's residence2 7ii7 is not available for work during hours when they are the primary caregiver for a child or dependent2 7iii7 is attending a training course with the approval of the ,state agency in compliance with any regulations issued by the ,secretary of ,labor2 7iv7 is appearing for jury duty before any court under a lawfully issued summons2 7v7 has been temporarily laid off and is available to work only for the employer that has temporarily laid off the individual2 or 7vi7 is temporarily ill or injured4 7#e7 ,actively seeking work 7,a7 ,in general ,for purposes of paragraph 7#b77;,b77ii71 subject to subparagraphs 7,b7 and 7,c71 an individual shall be considered to be actively seeking work if the individual-- 7i7 engages in an active search for employment that is appropriate in light of the employment available in the labor market and the individual's skills and capabilities1 including a number of employer contacts that is consistent with the standards developed by the ,secretary of ,labor and communicated to the individual2 7ii7 maintains a record of such work search1 including employers contacted1 method of contact1 and date contacted2 7iii7 when requested1 provides such record to the ,state agency2 and 7iv7 is registered for employment services in such a manner and to such extent as prescribed by the ,secretary of ,labor4 7,b7 ,special rule for self-employment ,in the case of an individual with a work history that includes self-employment1 the individual may be considered actively seeking work if the individual-- 7i7 is engaged in activities 7which may include ,state-approved entrepreneurial training1 business counseling1 and technical assistance7 relating to resuming self-employment that meet requirements established by the ,secretary of ,labor2 7ii7 maintains a record of such activities2 and 7iii7 when requested1 provides such record to the ,state agency4 7,c7 ,exceptions ,a jobseeker allowance shall not be denied to an otherwise eligible individual for any week during which the individual is not actively seeking work because the individual-- 7i7 is attending a training course with the approval of the ,state agency and the ,secretary of ,labor2 7ii7 has been temporarily laid off with a reasonable expectation the individual will return to work soon2 7iii7 has a specified start date for new employment2 7iv7 is appearing for jury duty before any court under a lawfully issued summons2 or 7v7 has a compelling reason 7as defined in section #ccjd7;g77 or is a victim of a qualifying act of violence or harassment 7as determined pursuant to section #ccjd7;h774 7#f7 ,may not refuse offer of suitable work 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 an individual shall not be eligible for a jobseeker allowance if the individual refuses an offer of suitable work4 7,b7 ,nonsuitable work ,work shall not be considered suitable work for an individual if the work-- 7i7 poses an unreasonable risk to the individual's health1 safety1 or morals2 7ii7 is not within the individual's experience1 training1 or physical capability to perform2 7iii7 is outside of the locality of the individual's residence or is an unreasonable distance from such residence2 or 7iv7 meets other criteria established by the ,secretary of ,labor4 7,c7 ,exceptions ,a jobseeker allowance shall not be denied to an otherwise eligible individual for any week for refusing an offer of suitable work if-- 7i7 the position offered is vacant due directly to a strike1 lockout1 or other labor dispute2 7ii7 the wages1 hours1 or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality2 7iii7 the position pays wages less than the higher of-- 7,i7 the minimum wage provided by section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a771 without regard to any exemption2 7,,ii7 any applicable ,state or local minimum wage2 7iv7 if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization2 7v7 the position was not offered to such individual in writing2 or 7vi7 the work meets other criteria established by the ,secretary4 7b7 ,amount of jobseeker allowance 7#a7 ,amount 7,a7 ,in general ,subject to the succeeding provisions of this subsection1 the weekly amount of a jobseeker allowance shall be an amount equal to-- 7i7 for #bjbg1 #bej2 and 7ii7 for #bjbh or a subsequent year1 the dollar amount specified in this subparagraph for the preceding year increased by the percentage change in the ,consumer ,price ,index for ,all ,urban ,consumers for the #ab-month period ending with ,june of such preceding year4 7,b7 ,rounding ,if any amount determined under subparagraph 7,a77ii7 is not a multiple of #a1 such amount shall be rounded to the nearest multiple of #a4 7#b7 ,reduced amount for individuals exclusively seeking part-time work ,in the case of an eligible individual who is available to work for less than #bj hours per week1 the amount of the jobseeker allowance for such individual for a week shall be equal to #ej percent of the jobseeker allowance that would otherwise apply under paragraph 7#a7 for such week4 7#c7 ,reduced amount for individuals receiving unemployment benefits ,in the case of an eligible individual who is receiving unemployment compensation under any ,state of ,federal law for a week1 the amount of the jobseeker allowance for such individual for such week 7determined after application of paragraph 7#b77 shall be reduced by the amount of such regular compensation or extended compensation for such week4 7#d7 ,increased amount for certain individuals in ,states with elevated unemployment 7,a7 ,in general ,for weeks beginning in an elevated unemployment period1 in the case of an eligible individual that meets the prior income threshold described in subparagraph 7,c71 the amount of the jobseeker allowance for such individual for the week 7determined after the application of paragraphs 7#b7 and 7#c77 shall be increased by an amount equal to-- 7i7 the lesser of-- 7,i7 an amount equal to #a4d percent of the amount of the individual's earned income for the most recently completed tax year 7or the immediately preceding tax year1 if the individual has not filed a return of tax for the most recently completed tax year72 or 7,,ii7 two-thirds of the ,state's average weekly wage 7as determined by the ,secretary of ,labor72 reduced by 7ii7 the amount of the jobseeker allowance for such individual for such week 7determined after application of paragraphs 7#b7 and 7#c772 reduced by 7iii7 the amount of any reduction of the jobseeker allowance for such individual for such week pursuant to paragraph 7#c74 7,b7 ,elevated unemployment period ,for purposes of subparagraph 7,a71 the term elevated unemployment period means any period during which an extended benefit period would be in effect under subsection 7f7 or 7g7 of section #bjc of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 if such subsection was applied by substituting #g4e percent for #e4e percent4 7,c7 ,prior income threshold 7i7 ,in general ,for purposes of subparagraph 7,a71 an eligible individual meets the prior income threshold described in this subparagraph for a week if-- 7,i7 the individual's earned income for the most recently completed tax year was equal to or greater than #aj1jjj2 and 7,,ii7 the individual provides such documentation of prior earned income as the ,secretary determines appropriate1 such as1 but not limited to1 tax returns1 ,form ,w-#bs1 ,form #ajiis1 and pay stubs4 7ii7 ,inflation adjustment 7,i7 ,in general ,in the case of any taxable year beginning in a calendar year after #bjbg1 the dollar amount in clause 7i77,i7 shall be increased by an amount equal to-- 7aa7 such dollar amount2 multiplied by 7bb7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjbf for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,,ii7 ,rounding ,any increase determined under subclause 7,i7 shall be rounded to the nearest multiple of #ajj in the case of an adjustment of the amount in subsection 7a77#a74 7,d7 ,earned income ,in this paragraph1 the term earned income has the meaning given that term in section #cb7;c77#b7 of the ,internal ,revenue ,code of #aihf4 7#e7 ,earnings disregard 7,a7 ,in general ,subject to subparagraph 7,b71 an individual may earn up to #ajj percent of the amount of the individual's weekly jobseeker allowance without losing eligibility for the weekly jobseeker allowance4 7,b7 ,reduction ,in the case of an individual who is not receiving regular compensation or extended compensation under any ,state of ,federal law with respect to a week1 if the individual's earnings are greater than #a_/d of the amount of the individual's weekly jobseeker allowance 7determined after application of paragraphs 7#b71 7#c71 and 7#d77 for the week1 the amount of the individual's weekly jobseeker allowance 7as so determined7 for the week shall be reduced by #ge cents for each dollar earned above #a_/d of the amount of the individual's weekly jobseeker allowance 7as so determined74 7c7 ,jobseeker allowance account 7#a7 ,in general ,a ,state shall establish1 for each eligible individual who files an application for a jobseeker allowance1 a jobseeker allowance account4 7#b7 ,maximum amount ,the maximum amount of a jobseeker allowance payable to any individual for whom a jobseeker allowance account is established under paragraph 7#a7 may not exceed the amount established in such account for such individual4 7#c7 ,base-tier jobseeker allowance ,the amount established in an account under paragraph 7#a7 shall be equal to #bf times the amount of the weekly jobseeker allowance 7as determined under subsection 7b71 taking into account the application of paragraph 7#d7 of such subsection but not taking into account the application of paragraphs 7#b71 7#c71 and 7#e7 of such subsection74 ,such amount shall be referred to in this section as the base-tier jobseeker allowance4 7#d7 ,first-tier jobseeker allowance 7,a7 ,in general ,if1 at the time that the amount added to an individual's account under paragraph 7#c7 is exhausted1 or at any time during the individual's benefit year1 such individual's ,state is in an extended benefit period under section #bjc7;d7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note71 such account shall be augmented by an amount 7in this section referred to as first tier jobseeker allowance7 equal to #ac times the amount of the weekly jobseeker allowance 7as determined under subsection 7b71 taking into account the application of paragraph 7#d7 of such subsection but not taking into account the application of paragraphs 7#b71 7#c71 and 7#e7 of such subsection74 7,b7 ,limitation ,the account of an individual may be augmented not more than once under this paragraph4 7#e7 ,second-tier additional jobseeker allowance 7,a7 ,in general ,if1 at the time that the amount added to an individual's account under paragraph 7#d7 is exhausted1 or at any time during the individual's benefit year1 such individual's ,state is in a second-tier high unemployment period under section #bjb7;b77#c77;,b77i7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note71 such account shall be augmented by an amount 7in this section referred to as second-tier jobseeker allowance7 equal to #ac times the amount of the weekly jobseeker allowance 7as determined under subsection 7b7 of this section1 taking into account the application of paragraph 7#d7 of such subsection but not taking into account the application of paragraphs 7#b71 7#c71 and 7#e7 of such subsection74 7,b7 ,limitation ,the account of an individual may be augmented not more than once under this paragraph4 7#f7 ,third-tier additional jobseeker allowance 7,a7 ,in general ,if1 at the time that the amount added to an individual's account under paragraph 7#e7 is exhausted1 or at any time during the individual's benefit year1 such individual's ,state is in a third-tier high unemployment period under section #bjb7;b77#c77;,b77ii7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note71 such account shall be augmented by an amount 7in this section referred to as third-tier jobseeker allowance7 equal to #ac times the amount of the weekly jobseeker allowance 7as determined under subsection 7b7 of this section1 taking into account the application of paragraph 7#d7 of such subsection but not taking into account the application of paragraphs 7#b71 7#c71 and 7#e7 of such subsection74 7,b7 ,limitation ,the account of an individual may be augmented not more than once under this paragraph4 7#g7 ,fourth-tier additional jobseeker allowance 7,a7 ,in general ,if1 at the time that the amount added to an individual's account under paragraph 7#f7 is exhausted1 or at any time during the individual's benefit year1 such individual's ,state is in a fourth-tier high unemployment period under section #bjb7;b77#c77;,b77iii7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note71 such account shall be augmented by an amount 7in this section referred to as fourth-tier jobseeker allowance7 equal to #ac times the amount of the weekly jobseeker allowance 7as determined under subsection 7b7 of this section1 taking into account the application of paragraph 7#d7 of such subsection but not taking into account the application of paragraphs 7#b71 7#c71 and 7#e7 of such subsection74 7,b7 ,limitation ,the account of an individual may be augmented not more than once under this paragraph4 7d7 ,payments to ,states 7#a7 ,in general 7,a7 ,full reimbursement ,there shall be paid to each ,state an amount equal to #ajj percent of-- 7i7 the total amount of jobseeker allowances paid to individuals by the ,state pursuant to this section2 and 7ii7 any additional administrative expenses incurred by the ,state by reason of making such payments 7as determined by the ,secretary of ,labor74 7,b7 ,terms of payments ,sums payable to any ,state under this section shall be payable1 either in advance or by way of reimbursement 7as determined by the ,secretary of ,labor71 in such amounts as the ,secretary of ,labor estimates the ,state will be entitled to receive under this section for each calendar month1 reduced or increased1 as the case may be1 by any amount by which the ,secretary of ,labor finds that the ,secretary's estimates for any prior calendar month were greater or less than the amounts that should have been paid to the ,state4 ,such estimates may be made on the basis of such statistical1 sampling1 or other method as may be agreed upon by the ,secretary of ,labor and the ,state agency of the ,state involved4 7#b7 ,certifications ,the ,secretary of ,labor shall from time to time certify to the ,secretary of the ,treasury for payment to each ,state the sums payable to such ,state under this section4 7#c7 ,deposit ,sums payable to any ,state under this section shall be deposited in the account of such ,state in the ,unemployment ,trust ,fund4 ,amounts deposited under preceding sentence may only be used by the ,state for the payment of jobseeker allowances under this section4 7#d7 ,funding ,there are appropriated from the general fund of the ,treasury1 without fiscal year limitation1 such sums as may be necessary for purposes of this section4 7e7 ,fraud and overpayments 7#a7 ,in general ,if 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 nondisclosure such individual has received an amount of jobseeker allowances to which such individual was not entitled1 such individual-- 7,a7 shall be ineligible for further jobseeker allowances in accordance with the provisions of the applicable ,state unemployment compensation law relating to fraud in connection with a claim for unemployment compensation2 and 7,b7 shall be subject to prosecution under section #ajja of title #ah1 ,united ,states ,code4 7#b7 ,repayment ,in the case of individuals who have received amounts of jobseeker allowances to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such jobseeker allowances to the ,state agency1 except that the ,state agency shall waive such repayment if it determines that-- 7,a7 the payment of such jobseeker allowance was not based on fraud on the part of any such individual2 and 7,b7 such repayment would be contrary to equity and good conscience4 7#c7 ,recovery by ,state agency 7,a7 ,in general ,the ,state agency may recover the amount to be repaid1 or any part thereof1 by deductions from any jobseeker allowance payable to such individual or from any unemployment compensation payable to such individual under any ,state or ,federal unemployment compensation law administered by the ,state agency or under any other ,state or ,federal law administered by the ,state agency which provides for the payment of any assistance or allowance with respect to any week of unemployment1 during the #c-year period after the date such individual received the payment of the jobseeker allowance to which they were not entitled1 in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the ,state4 7,b7 ,opportunity for hearing ,no repayment shall be required1 and no deduction shall be made1 until a determination has been made1 notice thereof and an opportunity for a fair hearing has been given to the individual1 and the determination has become final4 7#d7 ,review ,any determination by a ,state agency under this section shall be subject to review in the same manner and to the same extent as determinations under the ,state unemployment compensation law1 and only in that manner and to that extent4 7#e7 ,deposit in ,state unemployment fund ,any amount recovered by a ,state agency pursuant to this section shall be deposited in the account of such ,state in the ,unemployment ,trust ,fund4 ,amounts deposited under preceding sentence may only be used by the ,state for the payment of jobseeker allowances under this section4 7f7 ,payment ,to be disregarded for purposes of all ,federal and ,federally assisted programs ,a jobseeker allowance payment shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following #ab months1 for purposes of determining the eligibility of the recipient 7or the recipient's spouse or family7 for benefits or assistance1 or the amount or extent of benefits or assistance1 under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds4 7g7 ,regulations ,not later than #c months after the date of enactment of this section1 the ,secretary of ,labor shall issue regulations to carry out this section4 4 7b7 ,permissible use of funds 7#a7 ,internal ,revenue ,code of #aihf ,section #ccjd7;a77#d7 of the ,internal ,revenue ,code of #aihf1 as amended by section #bae1 is amended-- 7,a7 in subparagraph 7,g77ii71 by striking and at the end2 7,b7 in subparagraph 7,h71 by inserting and at the end2 and 7,c7 by adding at the end the following3 7,i7 amounts may be withdrawn for the payment of jobseeker allowances under section #ccjd;,c2 4 7#b7 ,social ,security ,act ,section #cjc7;a77#e7 of the ,social ,security ,act1 as amended by section #bae1 is amended by striking 2 and at the end and inserting 3 ,provided further1 ,that amounts may be withdrawn for the payment of jobseeker allowances under section #ccjd;,c2 and4 7c7 ,conforming amendment ,the table of sections for chapter #bc of the ,internal ,revenue ,code of #aihf1 as amended by section #bae and #bah1 is amended inserting after the item relating to section #ccjd;,b the following new item3 ,sec4 #ccjd;,c4 ,jobseeker allowance4 4 7d7 ,effective date ,the amendments made by this section 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 amendments2 or 7#b7 ,january #a1 #bjbg4