UIPL_16-20_Attachment_3.pdf

ETA Advisory File Text

III-1 Attachment III to UIPL No. 16-20 Statutory Language of Title II Subtitle A Section 2102 of the Coronavirus Aid Relief and Economic Security CARES Act of 2020 SEC. 2102. PANDEMIC UNEMPLOYMENT ASSISTANCE. a Definitions.--In this section 1 COVID-19.--The term COVID-19 means the 2019 Novel Coronavirus or 2019-nCoV. 2 COVID-19 public health emergency.--The term COVID-19 public health emergency means the public health emergency declared by the Secretary of Health and Human Services on January 27 2020 with respect to the 2019 Novel Coronavirus. 3 Covered individual.--The 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 2107 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 2107 and 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 III-2 under State or Federal law or pandemic emergency unemployment compensation under section 2107 and meets the requirements of subclause I 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.--The term Secretary means the Secretary of Labor. 5 State.--The term State includes the District of Columbia the Commonwealth of Puerto 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. b Assistance for Unemployment as a Result of COVID-19.--Subject to subsection c the Secretary shall provide to any covered individual unemployment benefit assistance while such individual is unemployed partially unemployed or unable to work for the weeks of such unemployment with respect to which the individual is not entitled to any other unemployment compensation as that term is defined in section 85 b of title 26 United States Code or waiting period credit. c Applicability.-- 1 In general.--Except 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 December 31 2020 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.--The total number of weeks for which a covered individual may receive assistance under this section shall not exceed 39 weeks and such total shall include any week for which the covered individual received regular compensation or extended benefits under any Federal or State law except that if after the date of enactment of this Act the duration of extended benefits is extended the 39-week period described in this paragraph shall be extended by the number of weeks that is equal to the number of weeks by which the extended benefits were extended. 3 Assistance for unemployment before date of enactment.--The Secretary shall establish a process for making assistance under this section available for weeks beginning on or after January 27 2020 and before the date of enactment of this Act. 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-- 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 2104 and III-3 B in the case of an increase of the weekly benefit amount after the date of enactment of this Act increased in an amount equal to such increase. 2 Calculations of amounts for certain covered individuals.-- In the case of a covered individual who is self-employed who lives in a territory described in subsection c or d of section 625.6 of title 20 Code of Federal Regulations or who would not otherwise qualify for unemployment compensation under State law the assistance authorized under subsection b for a week of unemployment shall be calculated in accordance with section 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 2104. 3 Allowable methods of payment.--Any 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 . e Waiver of State Requirement.--Notwithstanding State law for purposes of assistance authorized under this section compensation under this Act shall be made to an individual otherwise eligible for such compensation without any waiting period. f Agreements With States.-- 1 In general.--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 State agencies. 2 Payments to states.--There 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. 3 Terms of payments.--Sums payable to any State by reason of such State s having an agreement under this subsection shall be payable either in advance or by way of reimbursement as determined by the Secretary in such amounts as the Secretary estimates the State will be entitled to receive under this subsection for each calendar month reduced or increased as the case may be by any amount by which the Secretary finds that his 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 State agency of the State involved. g Funding.-- 1 Assistance.-- A In general.--Funds in the extended unemployment compensation account as established by section 905 a of the Social Security Act 42 U.S.C. 1105 a of the Unemployment Trust Fund as established by section 904 a of such Act 42 U.S.C. 1104 a shall be used to make payments to States pursuant to subsection f 2 A . B Transfer of funds.--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 III-4 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. 2 Administrative expenses.-- A In general.--Funds in the employment security administration account as established by section 901 a of the Social Security Act 42 U.S.C. 1105 a of the Unemployment Trust Fund as established by section 904 a of such Act 42 U.S.C. 1104 a shall be used to make payments to States pursuant to subsection f 2 B . B Transfer of funds.--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. 3 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 paragraphs 1 and 2 . 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 section 625 of title 20 Code of Federal Regulations such section 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 section 625 and 2 the term pandemic were substituted for the term disaster each place it appears in such section 625.