Sec. 80201. Pandemic Self-Employment and Job Entrant Compensation
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Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (hereinafter in this section referred to as the Secretary ). Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement. Any agreement under subsection
(a)shall provide that the State agency of the State will make payments on a weekly basis (in this section referred to as Pandemic Self-Employment and Job Entrant Compensation ) to unemployed individuals who— have no rights to regular compensation with respect to a week under the State law or any other State unemployment compensation law or to compensation under any other Federal law; are not receiving any State or private paid leave (as defined in subsection (g)) with respect to such week; and attest that— the individual is not able or available to work due to COVID–19 with respect to such week (as determined under paragraph (4)); and but for COVID–19 (as determined under paragraph (4)), the individual would be able and available to work during such week. Except as provided in subparagraph (B), the amount of Pandemic Self-Employment and Job Entrant Compensation payable to an individual for a week under an agreement under subsection
(a)shall be $300. Notwithstanding subparagraph (A), the amount of Pandemic Self-Employment and Job Entrant Compensation payable to an individual for a week under an agreement under subsection
(a)shall be an amount equal to the sum of $600 plus 1/4 of the average weekly benefit amount of regular compensation paid to eligible individuals in the State as of January 1, 2020, but only in the case of an individual who attests (and furnishes such supporting documentation as the State agency may request) that— the individual had net earnings from self-employment (as defined in section 1402(a) of the Internal Revenue Code of 1986) of not less than $2,500 during the 6-month period ending on the date of enactment of this Act; or the individual had a contract or other offer of employment suspended or rescinded due to COVID–19. An individual who becomes entitled to Pandemic Self-Employment and Job Entrant Compensation paid by a State under an agreement under subsection
(a)shall receive such benefit for not more than 26 weeks. For purposes of this subsection, an individual shall be considered to be not able or available to work due to COVID–19 with respect to a week during any part of which the individual is not able or available to work because— the individual has a current diagnosis of COVID–19; the individual is under quarantine (including self-imposed quarantine), at the instruction of a health care provider, employer, or a local, State, or Federal official, in order to prevent the spread of COVID–19; the individual is unable to engage in self-employment (in the case of an individual described in paragraph (2)(B)(i)) or seek suitable employment because of closings or restrictions on movement related to COVID–19; the individual is engaged in caregiving (without compensation) for an individual who has a current diagnosis of COVID–19 or is under quarantine as described in subparagraph (B)); or the individual is engaged in caregiving (without compensation), because of the COVID–19-related closing of a school or other care facility or care program, for a child or other individual unable to provide self-care. Notwithstanding paragraph (1), no individual may become entitled to Pandemic Self-Employment and Job Entrant Compensation under an agreement under subsection
(a)unless the individual makes an irrevocable election (at such time and in such manner as the Secretary of the Treasury may provide) to have sections 7002 and 7004 of the Families First Coronavirus Response Act not apply with respect to such individual. An individual who makes such an election shall not be treated as an individual to whom a credit is allowable under such sections. There shall be paid to each State which has entered into an agreement under this section an amount equal to 100 percent of— the total amount of Pandemic Self-Employment and Job Entrant Compensation paid to individuals by the State pursuant to such agreement; and any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary). Sums payable to any State by reason of such State’s having an agreement under this section 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 section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary 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 State agency of the State involved. 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 paragraph (1). 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. The Secretary 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 section. An agreement entered into under this section shall apply with respect to weeks— beginning on or after March 13, 2020; and ending on or before January 1, 2021. In the case of any individual who, as of the date specified in paragraph (1)(B), has not yet exhausted all rights to Pandemic Self-Employment and Job Entrant Compensation under the agreement under subsection (a), Pandemic Self-Employment and Job Entrant Compensation shall continue to be payable to such individual for any week beginning on or after such date for which the individual is otherwise eligible for such Pandemic Self-Employment and Job Entrant Compensation. Notwithstanding any other provision of this subsection, no Pandemic Self-Employment and Job Entrant Compensation shall be payable for any week beginning after June 30, 2021. If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of Pandemic Self-Employment and Job Entrant Compensation to which such individual was not entitled, such individual— shall be ineligible for further Pandemic Self-Employment and Job Entrant Compensation in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and shall be subject to prosecution under section 1001 of title 18, United States Code. In the case of individuals who have received amounts of Pandemic Self-Employment and Job Entrant Compensation to which they were not entitled, the State shall require such individuals to repay the amounts of such Pandemic Self-Employment and Job Entrant Compensation to the State agency, except that the State agency may waive such repayment if it determines that— the payment of such Pandemic Self-Employment and Job Entrant Compensation was without fault on the part of any such individual; and such repayment would be contrary to equity and good conscience. The State agency may recover the amount to be repaid, or any part thereof, by deductions from any Pandemic Self-Employment and Job Entrant 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 unemployment, during the 3-year period after the date such individuals received the payment of the Pandemic Self-Employment and Job Entrant Compensation to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State. No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. 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 law, and only in that manner and to that extent. Any amount recovered by a State agency pursuant to this subsection shall be deposited in the account of such State in the Unemployment Trust Fund. A Pandemic Self-Employment and Job Entrant Compensation payment shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient’s spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. A Pandemic Self-Employment and Job Entrant Compensation payment shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. For purposes of this section— the terms compensation (except as such term is used in subsection (b)(4)), regular compensation , State , State agency , and State law have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note); and the term State or private paid leave means a benefit which provides full or partial wage replacement to employees on the basis of specifically defined qualifying events described in section 102 of the Family and Medical Leave Act of 1993 or defined by a written employer policy or State law and which ends either when the qualifying event is no longer applicable or a set period of benefits is exhausted.
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