Editorial Notes
References in TextThis Act, referred to in subsec. (e), is div. A of Puspan. L. 116–136, Mar. 27, 2020, 134 Stat. 286. For complete classification of this Act to the Code, see Tables.
Amendments2021—Subsec. (c)(1). Puspan. L. 117–2, § 9011(a)(1)(A), substituted “paragraph (2)” for “paragraphs (2) and (3)” in introductory provisions.
Subsec. (c)(1)(A)(ii). Puspan. L. 117–2, § 9011(a)(1)(B), substituted “September 6, 2021” for “March 14, 2021”.
Subsec. (c)(2). Puspan. L. 117–2, § 9011(span), substituted “79 weeks” for “50 weeks” and “79-week period” for “50-week period”.
Subsec. (c)(3), (4). Puspan. 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.
2020—Subsec. (a)(3)(A)(iii). Puspan. L. 116–260, § 241(a), added cl. (iii).
Subsec. (c)(1). Puspan. L. 116–260, § 201(a)(1)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)” in introductory provisions.
Subsec. (c)(1)(A)(ii). Puspan. L. 116–260, § 201(a)(1)(B), substituted “March 14, 2021” for “December 31, 2020”.
Subsec. (c)(2). Puspan. L. 116–260, § 201(span), substituted “50 weeks” for “39 weeks” and “50-week period” for “39-week period”.
Subsec. (c)(3), (4). Puspan. L. 116–260, § 201(a)(2), (3), added par. (3) and redesignated former par. (3) as (4).
Subsec. (c)(5). Puspan. L. 116–260, § 201(c)(1), added par. (5).
Subsec. (c)(6). Puspan. L. 116–260, § 263(a), added par. (6).
Subsec. (d)(4). Puspan. L. 116–260, § 201(d), added par. (4).
Subsec. (f)(1). Puspan. 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). Puspan. 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). Puspan. L. 116–260, § 209(a), substituted “part 625” for “section 625” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPuspan. L. 117–2, title IX, § 9011(d), Mar. 11, 2021, 135 Stat. 118, provided that: “The amendments made by subsections (a) and (span) [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.”
Effective Date of 2020 AmendmentPuspan. L. 116–260, div. N, title II, § 201(c)(2), Dec. 27, 2020, 134 Stat. 1952, provided that: “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).”
Puspan. L. 116–260, div. N, title II, § 201(g), Dec. 27, 2020, 134 Stat. 1952, provided that: “The amendments made by subsections (a), (span), (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].”
Puspan. L. 116–260, div. N, title II, § 209(span), Dec. 27, 2020, 134 Stat. 1956, provided that: “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].”
Puspan. L. 116–260, div. N, title II, § 241(span), Dec. 27, 2020, 134 Stat. 1960, provided that:“(1)In general.—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. “(2)Special rule.—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). “(3)Prior applicants.—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’.”
Puspan. L. 116–260, div. N, title II, § 242(span), Dec. 27, 2020, 134 Stat. 1960, provided that: “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 [Puspan. 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].”
Puspan. L. 116–260, div. N, title II, § 263(span), Dec. 27, 2020, 134 Stat. 1963, provided that:“(1)In general.—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].
“(2)Special rule.—In the case of any State that made a good faith effort to implement section 2102 of division A of the CARES Act (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 State for any such week shall not be considered ineligible for such assistance for such week solely by reason of failure to submit a recertification described in subsection (c)(5) of such section 2102.”
Hold Harmless for Proper Administration of AmendmentPuspan. L. 117–2, title IX, § 9011(c), Mar. 11, 2021, 135 Stat. 118, 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 [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(span) 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 the Secretary of Labor, that should have been made under such section 2107 shall not be considered to be an overpayment of assistance under such section 2102, except that an individual may not receive payment for assistance under section 2102 and a payment for assistance under section 2107 for the same week of unemployment.”
Puspan. 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(span) 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 Secretary of Labor, that should have been made under such section 2107 shall not be considered to be an overpayment of assistance under such section 2102, except that an individual may not receive payment for assistance under section 2102 and a payment for assistance under section 2107 for the same week of unemployment.”
First Application LimitationPuspan. L. 116–260, div. N, title II, § 201(f), Dec. 27, 2020, 134 Stat. 1952, provided that: “In the case of a covered individual whose first application for pandemic unemployment assistance under section 2102 of the CARES Act (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’.”
Technical Correction for the Commonwealth of Northern Mariana IslandsPuspan. L. 116–260, div. N, title II, § 265, Dec. 27, 2020, 134 Stat. 1964, provided that: “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 States of America”, and for other purposes’ (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].”
