15 U.S. Code § 9021 - Pandemic unemployment assistance

The term “COVID–19” means the 2019 Novel Coronavirus or 2019-nCoV.

is not eligible for regular compensation or extended benefits under section 9025 of this title, including an individual who has exhausted all rights to regular unemployment or extended benefits undersection 9025 of this title;

the individual has been diagnosed with COVID–19 or is experiencing symptoms of COVID–19 and seeking a medical diagnosis;

the individual is providing care for a family member or a member of the individual’s household who has been diagnosed with COVID–19;

a child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID–19 public health emergency and such school or facility care is required for the individual to work;

the individual is unable to reach the place of employment because of a quarantine imposed as a direct result of the COVID–19 public health emergency;

the individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to COVID–19;

the individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID–19 public health emergency;

the individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of COVID–19;

the individual’s place of employment is closed as a direct result of the COVID–19 public health emergency; or

the individual meets any additional criteria established by the Secretary for unemployment assistance under this section; or

is self-employed, is seeking part-time employment, does not have sufficient work history, or otherwise would not qualify for regular unemployment or extended benefits under section 9025 of this title, and meets the requirements of subclause (I); and

provides documentation to substantiate employment or self-employment or the planned commencement of employment or self-employment not later than 21 days after the later of the date on which the individual submits an application for pandemic unemployment assistance under this section or the date on which an individual is directed by the section 625.6(e) of title 20, Code of Federal Regulations, or any successor thereto, except that such deadline may be extended if the individual has shown good cause under applicable (B) does not include—

an individual who is receiving paid sick leave or other paid leave benefits, regardless of whether the individual meets a qualification described in items (aa) through (kk) of subparagraph (A)(i)(I).

The term “Secretary” means the Secretary of Labor.

The term “Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.

Subject to subsection (c), the Secretary shall provide to any section 85(b) of title 26) or waiting period credit.

(1) In general Except as provided in paragraph (2), the assistance authorized under subsection (b) shall be available to a (A) for weeks of unemployment, partial unemployment, or inability to work caused by COVID–19—

The Secretary shall establish a process for making assistance under this section available for weeks beginning on or after January 27, 2020 , and before March 27, 2020 .

An individual may appeal any determination or redetermination regarding the rights to pandemic unemployment assistance under this section made by the (B) Procedure All levels of appeal filed under this paragraph in the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands—

appeals described in clauses (i) and (ii) shall be conducted in the same manner and to the same extent as appeals of regular unemployment compensation are conducted under the unemployment compensation law of Hawaii.

As a condition of continued eligibility for assistance under this section, a (d) Amount of assistance

(1) In general The assistance authorized under subsection (b) for a week of unemployment, partial unemployment, or inability to work shall be—

the weekly benefit amount authorized under the unemployment compensation law of the section 625.6 of title 20, Code of Federal Regulations, or any successor thereto; and

in the case of an increase of the weekly benefit amount after March 27, 2020 , increased in an amount equal to such increase.

In the case of a section 625.6 of title 20, Code of Federal Regulations, or who would not otherwise qualify for unemployment compensation undersection 625.6 of title 20, Code of Federal Regulations, or any successor thereto, and shall be increased by the amount of Federal Pandemic Unemployment Compensation under section 9023 of this title.

(3) Allowable methods of payment Any assistance provided for in accordance with paragraph (1)(A)(ii) shall be payable either—

as an amount which is paid at the same time and in the same manner as the assistance provided for in paragraph (1)(A)(i) is payable for the week involved; or

the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and

The Secretary shall provide the assistance authorized under subsection (b) through agreements with States which, in the judgment of the Secretary, have an adequate system for administering such assistance through existing (2) Payments to States There shall be paid to each (A)

any additional administrative expenses incurred by the Secretary), including any administrative expenses necessary to facilitate processing of applications for assistance under this section online or by telephone rather than in-person and expenses related to identity verification or validation and timely and accurate payment.

Sums payable to any Secretary), in such amounts as the Secretary estimates theSecretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the (g) Funding

Funds in the extended unemployment compensation account (as established by section 1105(a) of title 42) of the Unemployment Trust Fund (as established by section 1104(a) of title 42) shall be used to make payments to States pursuant to subsection (f)(2)(A).

Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the extended unemployment compensation account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.

Funds in the employment security administration account (as established by section 1101(a) of title 42) of the Unemployment Trust Fund (as established by section 1104(a) of title 42) shall be used to make payments to States pursuant to subsection (f)(2)(B).

Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.

The Secretary of Labor shall from time to time certify to the Secretary of the Treasury for payment to each (h) Relationship between pandemic unemployment assistance and disaster unemployment assistance Except as otherwise provided in this section or to the extent there is a conflict between this section and part 625 of title 20, Code of Federal Regulations, such part 625 shall apply to this section as if—

the term “COVID–19 public health emergency” were substituted for the term “major disaster” each place it appears in such part 625; and

This Act, referred to in subsec. (e), is div. A of Pub. L. 116–136, Mar. 27, 2020 , 134 Stat. 286. For complete classification of this Act to the Code, see Tables.

2021—Subsec. (c)(1). Pub. L. 117–2, § 9011(a)(1)(A), substituted “paragraph (2)” for “paragraphs (2) and (3)” in introductory provisions.

Subsec. (c)(1)(A)(ii). Pub. L. 117–2, § 9011(a)(1)(B), substituted “ September 6, 2021 ” for “ March 14, 2021 ”.

Subsec. (c)(2). Pub. L. 117–2, § 9011(b), substituted “79 weeks” for “50 weeks” and “79-week period” for “50-week period”.

Subsec. (c)(3), (4). Pub. L. 117–2, § 9011(a)(2), redesignated par. (4) as (3) and struck out former par. (3) which related to a transition rule for individuals remaining entitled to pandemic unemployment assistance as of Mar. 14, 2021 .

Subsec. (c)(1). Pub. L. 116–260, § 201(a)(1)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)” in introductory provisions.

Subsec. (c)(1)(A)(ii). Pub. L. 116–260, § 201(a)(1)(B), substituted “ March 14, 2021 ” for “ December 31, 2020 ”.

Subsec. (c)(2). Pub. L. 116–260, § 201(b), substituted “50 weeks” for “39 weeks” and “50-week period” for “39-week period”.

Subsec. (c)(3), (4). Pub. L. 116–260, § 201(a)(2), (3), added par. (3) and redesignated former par. (3) as (4).

Subsec. (f)(1). Pub. L. 116–260, § 242(a)(1), inserted “, including procedures for identity verification or validation and for timely payment, to the extent reasonable and practicable” before period at end.

Subsec. (f)(2)(B). Pub. L. 116–260, § 242(a)(2), inserted “and expenses related to identity verification or validation and timely and accurate payment” before period at end.

Subsec. (h). Pub. L. 116–260, § 209(a), substituted “part 625” for “section 625” wherever appearing.

“The amendments made by subsections (a) and (b) [amending this section] shall apply as if included in the enactment of the CARES Act (Public Law 116–136), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment ending on or before March 14, 2021 .”

“The amendment made by paragraph (1) [amending this section] shall take effect as if enacted as part of division A of the CARES Act (Public Law 116–136), except that any decision issued on appeal or review before the date of enactment of this Act [ Dec. 27, 2020 ] shall not be affected by the amendment made by paragraph (1).”

“The amendments made by subsections (a), (b), (c), and (d) [amending this section] shall apply as if included in the enactment of the CARES Act (Public Law 116–136), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act [ Dec. 27, 2020 ].”

“The amendment made by this section [amending this section] shall take effect as if included in section 2102 of the CARES Act (Public Law 116–136) [enacting this section].”

Subject to paragraphs (2) and (3), the amendments made by subsection (a) [amending this section] shall apply to any individual who files a new application for pandemic unemployment assistance or claims pandemic unemployment assistance for any week of unemployment under section 2102 of the CARES Act (15 U.S.C. 9021) on or after January 31, 2021 .

An individual who received pandemic unemployment assistance under section 2102 of the CARES Act (15 U.S.C. 9021) for any week ending before the date of enactment of this Act [ Dec. 27, 2020 ] shall not be considered ineligible for such assistance for such week solely by reason of failure to submit documentation described in clause (iii) of subsection (a)(3)(A) of such section 2102, as added by subsection (a).

With respect to an individual who applied for pandemic unemployment assistance under section 2102 of the CARES Act (15 U.S.C. 9021) before January 31, 2021 , and receives such assistance on or after the date of enactment of this Act, clause (iii) of subsection (a)(3)(A) of such section shall be applied by substituting ‘90 days’ for ‘21 days’.”

“The requirements imposed by the amendments made by this section [amending this section] shall apply, with respect to agreements made under section 2102 of the CARES Act [Pub. L. 116–136, enacting this section], beginning on the date that is 30 days after the date of enactment of this Act [ Dec. 27, 2020 ].”

The amendment made by subsection (a) [amending this section] shall apply with respect to weeks beginning on or after the date that is 30 days after the date of enactment of this section [ Dec. 27, 2020 ].

In the case of any 15 U.S.C. 9021) in accordance with rules similar to those provided in section 625.6 of title 20, Code of Federal Regulations, for weeks ending before the effective date specified in paragraph (1), an individual who received pandemic unemployment assistance from such Hold Harmless for Proper Administration of Amendment

“In the case of an individual who is eligible to receive pandemic unemployment assistance under section 2102 of the CARES Act (15 U.S.C. 9021) as of the day before the date of enactment of this Act [ Mar. 11, 2021 ] and on the date of enactment of this Act becomes eligible for pandemic emergency unemployment compensation under section 2107 of the CARES Act (15 U.S.C. 9025) by reason of the amendments made by section 9016(b) of this title [amending section 9025 of this title], any payment of pandemic unemployment assistance under such section 2102 made after the date of enactment of this Act to such individual during an appropriate period of time, as determined by thePub. L. 116–260, div. N, title II, § 201(e), Dec. 27, 2020 , 134 Stat. 1952, provided that:

“In the case of an individual who is eligible to receive pandemic unemployment assistance under section 2102 [of] the CARES Act (15 U.S.C. 9021) as of the day before the date of enactment of this Act [ Dec. 27, 2020 ] and on the date of enactment of this Act becomes eligible for pandemic emergency unemployment compensation under section 2107 of the CARES Act (15 U.S.C. 9025) by reason of the amendments made by section 206(b) of this subtitle [amending section 9025 of this title], any payment of pandemic unemployment assistance under such section 2102 made after the date of enactment of this Act to such individual during an appropriate period of time, as determined by the First Application Limitation

“In the case of a 15 U.S.C. 9021) is filed after the date of enactment of this Act [ Dec. 27, 2020 ], subsection (c)(1)(A)(i) of such section 2102 shall be applied by substituting ‘ December 1, 2020 ’ for ‘ January 27, 2020 ’.”

“A Commonwealth Only Transitional Worker (as defined in section 6(i)(2) of the Joint Resolution entitled ‘A Joint Resolution to approve the “Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United 48 U.S.C. 1806)) shall be considered a qualified alien under section 431 of Public Law 104–193 (8 U.S.C. 1641) for purposes of eligibility for a benefit under section 2102 or 2104 of the CARES Act [15 U.S.C. 9021, 9023].”