View all text of Subchapter II [§ 9021 - § 9034]
§ 9021. Pandemic unemployment assistance
(a) DefinitionsIn this section:
(1) COVID–19
(2) COVID–19 public health emergency
(3) Covered individualThe term “covered individual”—
(A) means an individual who—
(i) is not eligible for regular compensation or extended benefits under State or Federal law or pandemic emergency unemployment compensation under section 9025 of this title, including an individual who has exhausted all rights to regular unemployment or extended benefits under State or Federal law or pandemic emergency unemployment compensation under section 9025 of this title;
(ii) provides self-certification that the individual—(I) is otherwise able to work and available for work within the meaning of applicable State law, except the individual is unemployed, partially unemployed, or unable or unavailable to work because—(aa) the individual has been diagnosed with COVID–19 or is experiencing symptoms of COVID–19 and seeking a medical diagnosis;(bb) a member of the individual’s household has been diagnosed with COVID–19;(cc) the individual is providing care for a family member or a member of the individual’s household who has been diagnosed with COVID–19;(dd) 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;(ee) 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;(ff) 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;(gg) 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;(hh) 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;(ii) the individual has to quit his or her job as a direct result of COVID–19;(jj) the individual’s place of employment is closed as a direct result of the COVID–19 public health emergency; or(kk) the individual meets any additional criteria established by the Secretary for unemployment assistance under this section; or(II) 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 State or Federal law or pandemic emergency unemployment compensation under section 9025 of this title, and meets the requirements of subclause (I); and
(iii) 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 State Agency to submit such documentation in accordance with 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 State law for failing to submit such documentation; and
(B) does not include—
(i) an individual who has the ability to telework with pay; or
(ii) 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).
(4) Secretary
(5) State
(b) Assistance for unemployment as a result of COVID–19
(c) Applicability
(1) In generalExcept as provided in paragraph (2), the assistance authorized under subsection (b) shall be available to a covered individual—
(A) for weeks of unemployment, partial unemployment, or inability to work caused by COVID–19—
(i) beginning on or after January 27, 2020; and
(ii) ending on or before September 6, 2021; and
(B) subject to subparagraph (A)(ii), as long as the covered individual’s unemployment, partial unemployment, or inability to work caused by COVID–19 continues.
(2) Limitation on duration of assistance
(3) Assistance for unemployment before March 27, 2020
(4) Redesignated (3)
(5) Appeals by an individual
(A) In general
(B) ProcedureAll levels of appeal filed under this paragraph in the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands—
(i) shall be carried out by the applicable State that made the determination or redetermination; and
(ii) shall be conducted in the same manner and to the same extent as the applicable State would conduct appeals of determinations or redeterminations regarding rights to regular compensation under State law.
(C) Procedure for certain territoriesWith respect to any appeal filed in Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Republic of the Marshall Islands, and the Republic of Palau—
(i) lower level appeals shall be carried out by the applicable entity within the State;
(ii) if a higher level appeal is allowed by the State, the higher level appeal shall be carried out by the applicability entity within the State; and
(iii) 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.
(6) Continued eligibility for assistance
(d) Amount of assistance
(1) In generalThe assistance authorized under subsection (b) for a week of unemployment, partial unemployment, or inability to work shall be—
(A)
(i) the weekly benefit amount authorized under the unemployment compensation law of the State where the covered individual was employed, except that the amount may not be less than the minimum weekly benefit amount described in section 625.6 of title 20, Code of Federal Regulations, or any successor thereto; and
(ii) the amount of Federal Pandemic Unemployment Compensation under section 9023 of this title; and
(B) in the case of an increase of the weekly benefit amount after March 27, 2020, increased in an amount equal to such increase.
(2) Calculations of amounts for certain covered individuals
(3) Allowable methods of paymentAny assistance provided for in accordance with paragraph (1)(A)(ii) shall be payable either—
(A) 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
(B) at the option of the State, by payments which are made separately from, but on the same weekly basis as, any assistance provided for in paragraph (1)(A)(i).
(4) Waiver authorityIn the case of individuals who have received amounts of pandemic unemployment assistance to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that—
(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and
(B) such repayment would be contrary to equity and good conscience.
(e) Waiver of State requirement
(f) Agreements with States
(1) In general
(2) Payments to StatesThere shall be paid to each State which has entered into an agreement under this subsection an amount equal to 100 percent of—
(A) the total amount of assistance provided by the State pursuant to such agreement; and
(B) any additional administrative expenses incurred by the State by reason of such agreement (as determined 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.
(3) Terms of payments
(g) Funding
(1) Assistance
(A) In general
(B) Transfer of funds
(2) Administrative expenses
(A) In general
(B) Transfer of funds
(3) Certifications
(h) Relationship between pandemic unemployment assistance and disaster unemployment assistanceExcept 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—
(1) the term “COVID–19 public health emergency” were substituted for the term “major disaster” each place it appears in such part 625; and
(2) the term “pandemic” were substituted for the term “disaster” each place it appears in such part 625.
(Pub. L. 116–136, div. A, title II, § 2102, Mar. 27, 2020, 134 Stat. 313; Pub. L. 116–260, div. N, title II, §§ 201(a)–(c)(1), (d), 209(a), 241(a), 242(a), 263(a), Dec. 27, 2020, 134 Stat. 1950—1952, 1956, 1959, 1960, 1963; Pub. L. 117–2, title IX, § 9011(a), (b), Mar. 11, 2021, 135 Stat. 118.)