15 U.S.C. 9021 (U.S. Code, current edition)
Summary
The U.S. Code text of 15 U.S.C. § 9021, Pandemic unemployment assistance, in Title 15—Commerce and Trade, with notes. It defines the COVID–19 public health emergency as the one declared by the Secretary of Health and Human Services on January 27, 2020. A covered individual is one who is not eligible for regular compensation or extended benefits under State or Federal law or pandemic emergency unemployment compensation under section 9025, and who self-certifies being unemployed, partially unemployed, or unable or unavailable to work for listed reasons. Documentation substantiating employment or self-employment is due not later than 21 days after the later of the listed dates. The total number of weeks of assistance shall not exceed 79 weeks.
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Cite this document
“15 U.S.C. 9021 (U.S. Code, current edition).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-9021-u-s-code-current-edition-0658279a20/
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§ 9021 TITLE 15—COMMERCE AND TRADE Page 2500
(5) Eligible business gator services to current or prospective own-
The term ‘‘eligible business’’ means any ers of eligible businesses.
small business concern, with priority for small (2) Call center
business concerns owned and controlled by The Administrator shall establish a tele-
women (as defined in section 632(n) of this phone hotline to offer information about Fed-
title), small business concerns owned and con- eral programs to assist eligible businesses and
trolled by veterans (as defined in section 632(q) offer referral services to resource partners,
of this title), and socially and economically community navigators, potential lenders, and
disadvantaged small business concerns (as de- other persons that the Administrator deter-
fined in section 637(a)(4)(A) of this title). mines appropriate for current or prospective
(6) Private nonprofit organization owners of eligible businesses.
The term ‘‘private nonprofit organization’’ (3) Outreach
means an entity that is described in section The Administrator shall—
501(c) of title 26 and exempt from tax under (A) conduct outreach and education, in the
section 501(a) of such title. 10 most commonly spoken languages in the
(7) Resource partner United States, to current or prospective
The term ‘‘resource partner’’ means— owners of eligible businesses on community
(A) a small business development center navigator services and other Federal pro-
(as defined in section 632 of this title); grams to assist eligible businesses;
(B) a women’s business center (as de- (B) improve the website of the Administra-
scribed in section 656 of this title); and tion to describe such community navigator
(C) a chapter of the Service Corps of Re- services and other Federal programs; and
tired Executives (as defined in section (C) implement an education campaign by
637(b)(1)(B) of this title). advertising in media targeted to current or
(8) Small business concern prospective owners of eligible businesses.
The term ‘‘small business concern’’ has the (4) Appropriations
meaning given under section 632 of this title. In addition to amounts otherwise available,
(9) State there is appropriated to the Administrator for
The term ‘‘State’’ means a State of the fiscal year 2021, out of any money in the
United States, the District of Columbia, the Treasury not otherwise appropriated,
Commonwealth of Puerto Rico, the Virgin Is- $75,000,000, to remain available until Sep-
lands, American Samoa, the Commonwealth of tember 30, 2022, for carrying out this sub-
the Northern Mariana Islands, and Guam, or section.
an agency, instrumentality, or fiscal agent (d) Sunset
thereof.
The authority of the Administrator to make
(10) Unit of general local government grants under this section shall terminate on De-
The term ‘‘unit of general local govern- cember 31, 2025.
ment’’ means a county, city, town, village, or
(Pub. L. 117–2, title V, § 5004, Mar. 11, 2021, 135
other general purpose political subdivision of
Stat. 90.)
a State.
(b) Community Navigator pilot program Editorial Notes
(1) In general
CODIFICATION
The Administrator of the Small Business
Section was enacted as part of the American Rescue
Administration shall establish a Community Plan Act of 2021, and not as part of the CARES Act
Navigator pilot program to make grants to, or which in part comprises this chapter.
enter into contracts or cooperative agree-
ments with, private nonprofit organizations, SUBCHAPTER II—UNEMPLOYMENT
resource partners, States, Tribes, and units of INSURANCE PROVISIONS
local government to ensure the delivery of free
community navigator services to current or § 9021. Pandemic unemployment assistance
prospective owners of eligible businesses in (a) Definitions
order to improve access to assistance pro- In this section:
grams and resources made available because of
the COVID–19 pandemic by Federal, State, (1) COVID–19
Tribal, and local entities. The term ‘‘COVID–19’’ means the 2019 Novel
(2) Appropriations Coronavirus or 2019-nCoV.
In addition to amounts otherwise available, (2) COVID–19 public health emergency
there is appropriated to the Administrator for The term ‘‘COVID–19 public health emer-
fiscal year 2021, out of any money in the gency’’ means the public health emergency de-
Treasury not otherwise appropriated, clared by the Secretary of Health and Human
$100,000,000, to remain available until Sep- Services on January 27, 2020, with respect to
tember 30, 2022, for carrying out this sub- the 2019 Novel Coronavirus.
section. (3) Covered individual
(c) Outreach and education The term ‘‘covered individual’’—
(1) Promotion (A) means an individual who—
The Administrator shall develop and imple- (i) is not eligible for regular compensa-
ment a program to promote community navi- tion or extended benefits under State or
Page 2501 TITLE 15—COMMERCE AND TRADE § 9021
Federal law or pandemic emergency unem- this title, and meets the requirements of
ployment compensation under section 9025 subclause (I); and
of this title, including an individual who (iii) provides documentation to substan-
has exhausted all rights to regular unem- tiate employment or self-employment or
ployment or extended benefits under State the planned commencement of employ-
or Federal law or pandemic emergency un- ment or self-employment not later than 21
employment compensation under section days after the later of the date on which
9025 of this title; the individual submits an application for
(ii) provides self-certification that the pandemic unemployment assistance under
individual— this section or the date on which an indi-
(I) is otherwise able to work and avail- vidual is directed by the State Agency to
able for work within the meaning of ap- submit such documentation in accordance
plicable State law, except the individual with section 625.6(e) of title 20, Code of
is unemployed, partially unemployed, or Federal Regulations, or any successor
unable or unavailable to work because— thereto, except that such deadline may be
(aa) the individual has been diag- extended if the individual has shown good
nosed with COVID–19 or is experiencing cause under applicable State law for fail-
symptoms of COVID–19 and seeking a ing to submit such documentation; and
medical diagnosis;
(bb) a member of the individual’s (B) does not include—
household has been diagnosed with (i) an individual who has the ability to
COVID–19; telework with pay; or
(cc) the individual is providing care (ii) an individual who is receiving paid
for a family member or a member of sick leave or other paid leave benefits, re-
the individual’s household who has gardless of whether the individual meets a
been diagnosed with COVID–19; qualification described in items (aa)
(dd) a child or other person in the through (kk) of subparagraph (A)(i)(I).
household for which the individual has (4) Secretary
primary caregiving responsibility is The term ‘‘Secretary’’ means the Secretary
unable to attend school or another fa- of Labor.
cility that is closed as a direct result (5) State
of the COVID–19 public health emer-
gency and such school or facility care The term ‘‘State’’ includes the District of
is required for the individual to work; Columbia, the Commonwealth of Puerto Rico,
(ee) the individual is unable to reach the Virgin Islands, Guam, American Samoa,
the place of employment because of a the Commonwealth of the Northern Mariana
quarantine imposed as a direct result Islands, the Federated States of Micronesia,
of the COVID–19 public health emer- the Republic of the Marshall Islands, and the
gency; Republic of Palau.
(ff) the individual is unable to reach (b) Assistance for unemployment as a result of
the place of employment because the COVID–19
individual has been advised by a health Subject to subsection (c), the Secretary shall
care provider to self-quarantine due to provide to any covered individual unemploy-
concerns related to COVID–19; ment benefit assistance while such individual is
(gg) the individual was scheduled to unemployed, partially unemployed, or unable to
commence employment and does not work for the weeks of such unemployment with
have a job or is unable to reach the job respect to which the individual is not entitled to
as a direct result of the COVID–19 pub- any other unemployment compensation (as that
lic health emergency; term is defined in section 85(b) of title 26) or
(hh) the individual has become the waiting period credit.
breadwinner or major support for a (c) Applicability
household because the head of the (1) In general
household has died as a direct result of
COVID–19; Except as provided in paragraph (2), the as-
(ii) the individual has to quit his or sistance authorized under subsection (b) shall
her job as a direct result of COVID–19; be available to a covered individual—
(jj) the individual’s place of employ- (A) for weeks of unemployment, partial
ment is closed as a direct result of the unemployment, or inability to work caused
COVID–19 public health emergency; or by COVID–19—
(kk) the individual meets any addi- (i) beginning on or after January 27, 2020;
tional criteria established by the Sec- and
retary for unemployment assistance (ii) ending on or before September 6,
under this section; or 2021; and
(B) subject to subparagraph (A)(ii), as long
(II) is self-employed, is seeking part-
as the covered individual’s unemployment,
time employment, does not have suffi-
partial unemployment, or inability to work
cient work history, or otherwise would
caused by COVID–19 continues.
not qualify for regular unemployment or
extended benefits under State or Federal (2) Limitation on duration of assistance
law or pandemic emergency unemploy- The total number of weeks for which a cov-
ment compensation under section 9025 of ered individual may receive assistance under
§ 9021 TITLE 15—COMMERCE AND TRADE Page 2502
this section shall not exceed 79 weeks and such (d) Amount of assistance
total shall include any week for which the
covered individual received regular compensa- (1) In general
tion or extended benefits under any Federal or The assistance authorized under subsection
State law, except that if after March 27, 2020, (b) for a week of unemployment, partial unem-
the duration of extended benefits is extended, ployment, or inability to work shall be—
the 79-week period described in this paragraph (A)(i) the weekly benefit amount author-
shall be extended by the number of weeks that ized under the unemployment compensation
is equal to the number of weeks by which the law of the State where the covered indi-
extended benefits were extended. vidual was employed, except that the
amount may not be less than the minimum
(3) Assistance for unemployment before March weekly benefit amount described in section
27, 2020 625.6 of title 20, Code of Federal Regulations,
The Secretary shall establish a process for or any successor thereto; and
making assistance under this section available (ii) the amount of Federal Pandemic Un-
for weeks beginning on or after January 27, employment Compensation under section
2020, and before March 27, 2020. 9023 of this title; and
(4) Redesignated (3) (B) in the case of an increase of the weekly
benefit amount after March 27, 2020, in-
(5) Appeals by an individual creased in an amount equal to such increase.
(A) In general (2) Calculations of amounts for certain covered
individuals
An individual may appeal any determina-
tion or redetermination regarding the rights In the case of a covered individual who is
to pandemic unemployment assistance under self-employed, who lives in a territory de-
this section made by the State agency of any scribed in subsection (c) or (d) of section 625.6
of the States. of title 20, Code of Federal Regulations, or who
would not otherwise qualify for unemploy-
(B) Procedure ment compensation under State law, the as-
All levels of appeal filed under this para- sistance authorized under subsection (b) for a
graph in the 50 states, the District of Colum- week of unemployment shall be calculated in
bia, the Commonwealth of Puerto Rico, and accordance with section 625.6 of title 20, Code
the Virgin Islands— of Federal Regulations, or any successor
(i) shall be carried out by the applicable thereto, and shall be increased by the amount
State that made the determination or re- of Federal Pandemic Unemployment Com-
determination; and pensation under section 9023 of this title.
(ii) shall be conducted in the same man-
(3) Allowable methods of payment
ner and to the same extent as the applica-
ble State would conduct appeals of deter- Any assistance provided for in accordance
minations or redeterminations regarding with paragraph (1)(A)(ii) shall be payable ei-
rights to regular compensation under ther—
State law. (A) as an amount which is paid at the same
time and in the same manner as the assist-
(C) Procedure for certain territories ance provided for in paragraph (1)(A)(i) is
With respect to any appeal filed in Guam, payable for the week involved; or
American Samoa, the Commonwealth of the (B) at the option of the State, by payments
Northern Mariana Islands, the Federated which are made separately from, but on the
States of Micronesia, Republic of the Mar- same weekly basis as, any assistance pro-
shall Islands, and the Republic of Palau— vided for in paragraph (1)(A)(i).
(i) lower level appeals shall be carried
out by the applicable entity within the (4) Waiver authority
State; In the case of individuals who have received
(ii) if a higher level appeal is allowed by amounts of pandemic unemployment assist-
the State, the higher level appeal shall be ance to which they were not entitled, the
carried out by the applicability entity State shall require such individuals to repay
within the State; and the amounts of such pandemic unemployment
(iii) appeals described in clauses (i) and assistance to the State agency, except that
(ii) shall be conducted in the same manner the State agency may waive such repayment if
and to the same extent as appeals of reg- it determines that—
ular unemployment compensation are con- (A) the payment of such pandemic unem-
ducted under the unemployment com- ployment assistance was without fault on
pensation law of Hawaii. the part of any such individual; and
(B) such repayment would be contrary to
(6) Continued eligibility for assistance equity and good conscience.
As a condition of continued eligibility for
assistance under this section, a covered indi- (e) Waiver of State requirement
vidual shall submit a recertification to the Notwithstanding State law, for purposes of as-
State for each week after the individual’s 1st sistance authorized under this section, com-
week of eligibility that certifies that the indi- pensation under this Act shall be made to an in-
vidual remains an individual described in sub- dividual otherwise eligible for such compensa-
section (a)(3)(A)(ii) for such week. tion without any waiting period.
Page 2503 TITLE 15—COMMERCE AND TRADE § 9021
(f) Agreements with States ceding sentence and such sums shall not be
(1) In general required to be repaid.
The Secretary shall provide the assistance (2) Administrative expenses
authorized under subsection (b) through agree- (A) In general
ments with States which, in the judgment of Funds in the employment security admin-
the Secretary, have an adequate system for istration account (as established by section
administering such assistance through exist- 1101(a) of title 42) of the Unemployment
ing State agencies, including procedures for Trust Fund (as established by section 1104(a)
identity verification or validation and for of title 42) shall be used to make payments
timely payment, to the extent reasonable and to States pursuant to subsection (f)(2)(B).
practicable.
(B) Transfer of funds
(2) Payments to States
Notwithstanding any other provision of
There shall be paid to each State which has law, the Secretary of the Treasury shall
entered into an agreement under this sub- transfer from the general fund of the Treas-
section an amount equal to 100 percent of— ury (from funds not otherwise appropriated)
(A) the total amount of assistance pro- to the employment security administration
vided by the State pursuant to such agree- account such sums as the Secretary of Labor
ment; and estimates to be necessary to make payments
(B) any additional administrative expenses described in subparagraph (A). There are ap-
incurred by the State by reason of such propriated from the general fund of the
agreement (as determined by the Secretary), Treasury, without fiscal year limitation, the
including any administrative expenses nec- sums referred to in the preceding sentence
essary to facilitate processing of applica- and such sums shall not be required to be re-
tions for assistance under this section online paid.
or by telephone rather than in-person and
expenses related to identity verification or (3) Certifications
validation and timely and accurate pay- The Secretary of Labor shall from time to
ment. time certify to the Secretary of the Treasury
(3) Terms of payments for payment to each State the sums payable to
such State under paragraphs (1) and (2).
Sums payable to any State by reason of such
State’s having an agreement under this sub- (h) Relationship between pandemic unemploy-
section shall be payable, either in advance or ment assistance and disaster unemployment
by way of reimbursement (as determined by assistance
the Secretary), in such amounts as the Sec- Except as otherwise provided in this section or
retary estimates the State will be entitled to to the extent there is a conflict between this
receive under this subsection for each calendar section and part 625 of title 20, Code of Federal
month, reduced or increased, as the case may Regulations, such part 625 shall apply to this
be, by any amount by which the Secretary section as if—
finds that his estimates for any prior calendar (1) the term ‘‘COVID–19 public health emer-
month were greater or less than the amounts gency’’ were substituted for the term ‘‘major
which should have been paid to the State. disaster’’ each place it appears in such part
Such estimates may be made on the basis of 625; and
such statistical, sampling, or other method as (2) the term ‘‘pandemic’’ were substituted
may be agreed upon by the Secretary and the for the term ‘‘disaster’’ each place it appears
State agency of the State involved. in such part 625.
(g) Funding (Pub. L. 116–136, div. A, title II, § 2102, Mar. 27,
(1) Assistance 2020, 134 Stat. 313; Pub. L. 116–260, div. N, title II,
(A) In general §§ 201(a)–(c)(1), (d), 209(a), 241(a), 242(a), 263(a),
Dec. 27, 2020, 134 Stat. 1950—1952, 1956, 1959, 1960,
Funds in the extended unemployment 1963; Pub. L. 117–2, title IX, § 9011(a), (b), Mar. 11,
compensation account (as established by 2021, 135 Stat. 118.)
section 1105(a) of title 42) of the Unemploy-
ment Trust Fund (as established by section Editorial Notes
1104(a) of title 42) shall be used to make pay-
ments to States pursuant to subsection REFERENCES IN TEXT
(f)(2)(A). This Act, referred to in subsec. (e), is div. A of Pub.
L. 116–136, Mar. 27, 2020, 134 Stat. 286. For complete clas-
(B) Transfer of funds
sification of this Act to the Code, see Tables.
Notwithstanding any other provision of
law, the Secretary of the Treasury shall AMENDMENTS
transfer from the general fund of the Treas- 2021—Subsec. (c)(1). Pub. L. 117–2, § 9011(a)(1)(A), sub-
ury (from funds not otherwise appropriated) stituted ‘‘paragraph (2)’’ for ‘‘paragraphs (2) and (3)’’ in
to the extended unemployment compensa- introductory provisions.
tion account such sums as the Secretary of Subsec. (c)(1)(A)(ii). Pub. L. 117–2, § 9011(a)(1)(B), sub-
stituted ‘‘September 6, 2021’’ for ‘‘March 14, 2021’’.
Labor estimates to be necessary to make Subsec. (c)(2). Pub. L. 117–2, § 9011(b), substituted ‘‘79
payments described in subparagraph (A). weeks’’ for ‘‘50 weeks’’ and ‘‘79-week period’’ for ‘‘50-
There are appropriated from the general week period’’.
fund of the Treasury, without fiscal year Subsec. (c)(3), (4). Pub. L. 117–2, § 9011(a)(2), redesig-
limitation, the sums referred to in the pre- nated par. (4) as (3) and struck out former par. (3) which
§ 9021 TITLE 15—COMMERCE AND TRADE Page 2504
related to a transition rule for individuals remaining for such week solely by reason of failure to submit doc-
entitled to pandemic unemployment assistance as of umentation described in clause (iii) of subsection
Mar. 14, 2021. (a)(3)(A) of such section 2102, as added by subsection (a).
2020—Subsec. (a)(3)(A)(iii). Pub. L. 116–260, § 241(a), ‘‘(3) PRIOR APPLICANTS.—With respect to an individual
added cl. (iii). who applied for pandemic unemployment assistance
Subsec. (c)(1). Pub. L. 116–260, § 201(a)(1)(A), sub- under section 2102 of the CARES Act (15 U.S.C. 9021) be-
stituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’ in fore January 31, 2021, and receives such assistance on or
introductory provisions. after the date of enactment of this Act, clause (iii) of
Subsec. (c)(1)(A)(ii). Pub. L. 116–260, § 201(a)(1)(B), sub- subsection (a)(3)(A) of such section shall be applied by
stituted ‘‘March 14, 2021’’ for ‘‘December 31, 2020’’. substituting ‘90 days’ for ‘21 days’.’’
Subsec. (c)(2). Pub. L. 116–260, § 201(b), substituted ‘‘50 Pub. L. 116–260, div. N, title II, § 242(b), Dec. 27, 2020,
weeks’’ for ‘‘39 weeks’’ and ‘‘50-week period’’ for ‘‘39- 134 Stat. 1960, provided that: ‘‘The requirements im-
week period’’. posed by the amendments made by this section [amend-
Subsec. (c)(3), (4). Pub. L. 116–260, § 201(a)(2), (3), added ing this section] shall apply, with respect to agree-
par. (3) and redesignated former par. (3) as (4). ments made under section 2102 of the CARES Act [Pub.
Subsec. (c)(5). Pub. L. 116–260, § 201(c)(1), added par. L. 116–136, enacting this section], beginning on the date
(5). that is 30 days after the date of enactment of this Act
Subsec. (c)(6). Pub. L. 116–260, § 263(a), added par. (6). [Dec. 27, 2020].’’
Subsec. (d)(4). Pub. L. 116–260, § 201(d), added par. (4). Pub. L. 116–260, div. N, title II, § 263(b), Dec. 27, 2020,
Subsec. (f)(1). Pub. L. 116–260, § 242(a)(1), inserted 134 Stat. 1963, provided that:
‘‘, including procedures for identity verification or val- ‘‘(1) IN GENERAL.—The amendment made by sub-
idation and for timely payment, to the extent reason- section (a) [amending this section] shall apply with re-
able and practicable’’ before period at end. spect to weeks beginning on or after the date that is 30
Subsec. (f)(2)(B). Pub. L. 116–260, § 242(a)(2), inserted days after the date of enactment of this section [Dec.
‘‘and expenses related to identity verification or vali- 27, 2020].
‘‘(2) SPECIAL RULE.—In the case of any State that
dation and timely and accurate payment’’ before period
made a good faith effort to implement section 2102 of
at end.
division A of the CARES Act (15 U.S.C. 9021) in accord-
Subsec. (h). Pub. L. 116–260, § 209(a), substituted ‘‘part
ance with rules similar to those provided in section
625’’ for ‘‘section 625’’ wherever appearing.
625.6 of title 20, Code of Federal Regulations, for weeks
ending before the effective date specified in paragraph
Statutory Notes and Related Subsidiaries (1), an individual who received pandemic unemploy-
EFFECTIVE DATE OF 2021 AMENDMENT ment assistance from such State for any such week
shall not be considered ineligible for such assistance
Pub. L. 117–2, title IX, § 9011(d), Mar. 11, 2021, 135 Stat. for such week solely by reason of failure to submit a re-
118, provided that: ‘‘The amendments made by sub- certification described in subsection (c)(5) of such sec-
sections (a) and (b) [amending this section] shall apply tion 2102.’’
as if included in the enactment of the CARES Act (Pub-
lic Law 116–136), except that no amount shall be pay- HOLD HARMLESS FOR PROPER ADMINISTRATION OF
able by virtue of such amendments with respect to any AMENDMENT
week of unemployment ending on or before March 14, Pub. L. 117–2, title IX, § 9011(c), Mar. 11, 2021, 135 Stat.
2021.’’ 118, provided that: ‘‘In the case of an individual who is
EFFECTIVE DATE OF 2020 AMENDMENT eligible to receive pandemic unemployment assistance
under section 2102 of the CARES Act (15 U.S.C. 9021) as
Pub. L. 116–260, div. N, title II, § 201(c)(2), Dec. 27, 2020, of the day before the date of enactment of this Act
134 Stat. 1952, provided that: ‘‘The amendment made by [Mar. 11, 2021] and on the date of enactment of this Act
paragraph (1) [amending this section] shall take effect becomes eligible for pandemic emergency unemploy-
as if enacted as part of division A of the CARES Act ment compensation under section 2107 of the CARES
(Public Law 116–136), except that any decision issued on Act (15 U.S.C. 9025) by reason of the amendments made
appeal or review before the date of enactment of this by section 9016(b) of this title [amending section 9025 of
Act [Dec. 27, 2020] shall not be affected by the amend- this title], any payment of pandemic unemployment as-
ment made by paragraph (1).’’ sistance under such section 2102 made after the date of
Pub. L. 116–260, div. N, title II, § 201(g), Dec. 27, 2020, enactment of this Act to such individual during an ap-
134 Stat. 1952, provided that: ‘‘The amendments made propriate period of time, as determined by the Sec-
by subsections (a), (b), (c), and (d) [amending this sec- retary of Labor, that should have been made under
tion] shall apply as if included in the enactment of the such section 2107 shall not be considered to be an over-
CARES Act (Public Law 116–136), except that no payment of assistance under such section 2102, except
amount shall be payable by virtue of such amendments that an individual may not receive payment for assist-
with respect to any week of unemployment com- ance under section 2102 and a payment for assistance
mencing before the date of the enactment of this Act under section 2107 for the same week of unemploy-
[Dec. 27, 2020].’’ ment.’’
Pub. L. 116–260, div. N, title II, § 209(b), Dec. 27, 2020, Pub. L. 116–260, div. N, title II, § 201(e), Dec. 27, 2020,
134 Stat. 1956, provided that: ‘‘The amendment made by 134 Stat. 1952, provided that: ‘‘In the case of an indi-
this section [amending this section] shall take effect as vidual who is eligible to receive pandemic unemploy-
if included in section 2102 of the CARES Act (Public ment assistance under section 2102 [of] the CARES Act
Law 116–136) [enacting this section].’’ (15 U.S.C. 9021) as of the day before the date of enact-
Pub. L. 116–260, div. N, title II, § 241(b), Dec. 27, 2020, ment of this Act [Dec. 27, 2020] and on the date of enact-
134 Stat. 1960, provided that: ment of this Act becomes eligible for pandemic emer-
‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), gency unemployment compensation under section 2107
the amendments made by subsection (a) [amending this of the CARES Act (15 U.S.C. 9025) by reason of the
section] shall apply to any individual who files a new amendments made by section 206(b) of this subtitle
application for pandemic unemployment assistance or [amending section 9025 of this title], any payment of
claims pandemic unemployment assistance for any pandemic unemployment assistance under such section
week of unemployment under section 2102 of the 2102 made after the date of enactment of this Act to
CARES Act (15 U.S.C. 9021) on or after January 31, 2021. such individual during an appropriate period of time, as
‘‘(2) SPECIAL RULE.—An individual who received pan- determined by the Secretary of Labor, that should have
demic unemployment assistance under section 2102 of been made under such section 2107 shall not be consid-
the CARES Act (15 U.S.C. 9021) for any week ending be- ered to be an overpayment of assistance under such sec-
fore the date of enactment of this Act [Dec. 27, 2020] tion 2102, except that an individual may not receive
shall not be considered ineligible for such assistance payment for assistance under section 2102 and a pay-
Page 2505 TITLE 15—COMMERCE AND TRADE § 9023
ment for assistance under section 2107 for the same (C) an additional amount of $100 (in this
week of unemployment.’’ section referred to as ‘‘Mixed Earner Unem-
FIRST APPLICATION LIMITATION ployment Compensation’’) in any case in
which the individual received at least $5,000
Pub. L. 116–260, div. N, title II, § 201(f), Dec. 27, 2020, of self-employment income (as defined in
134 Stat. 1952, provided that: ‘‘In the case of a covered
individual whose first application for pandemic unem-
section 1402(b) of title 26) in the most recent
ployment assistance under section 2102 of the CARES taxable year ending prior to the individual’s
Act (15 U.S.C. 9021) is filed after the date of enactment application for regular compensation.
of this Act [Dec. 27, 2020], subsection (c)(1)(A)(i) of such (2) Allowable methods of payment
section 2102 shall be applied by substituting ‘December Any Federal Pandemic Unemployment Com-
1, 2020’ for ‘January 27, 2020’.’’
pensation or Mixed Earner Unemployment
TECHNICAL CORRECTION FOR THE COMMONWEALTH OF Compensation provided for in accordance with
NORTHERN MARIANA ISLANDS paragraph (1) shall be payable either—
Pub. L. 116–260, div. N, title II, § 265, Dec. 27, 2020, 134 (A) as an amount which is paid at the same
Stat. 1964, provided that: ‘‘A Commonwealth Only time and in the same manner as any regular
Transitional Worker (as defined in section 6(i)(2) of the compensation otherwise payable for the
Joint Resolution entitled ‘A Joint Resolution to ap- week involved; or
prove the ‘‘Covenant To Establish a Commonwealth of (B) at the option of the State, by payments
the Northern Mariana Islands in Political Union with which are made separately from, but on the
the United States of America’’, and for other purposes’ same weekly basis as, any regular compensa-
(48 U.S.C. 1806)) shall be considered a qualified alien tion otherwise payable.
under section 431 of Public Law 104–193 (8 U.S.C. 1641)
for purposes of eligibility for a benefit under section (3) Amount of Federal Pandemic Unemploy-
2102 or 2104 of the CARES Act [15 U.S.C. 9021, 9023].’’ ment Compensation
(A) 1 In general
§ 9022. Flexibility in paying reimbursement
The amount specified in this paragraph is
The Secretary of Labor may issue clarifying the following amount:
guidance to allow States to interpret their State (i) For weeks of unemployment begin-
unemployment compensation laws in a manner ning after the date on which an agreement
that would provide maximum flexibility to re- is entered into under this section and end-
imbursing employers as it relates to timely pay- ing on or before July 31, 2020, $600.
ment and assessment of penalties and interest (ii) For weeks of unemployment begin-
pursuant to such State laws. ning after December 26, 2020 (or, if later,
the date on which such agreement is en-
(Pub. L. 116–136, div. A, title II, § 2103(a), Mar. 27, tered into), and ending on or before Sep-
2020, 134 Stat. 317.) tember 6, 2021, $300.
§ 9023. Emergency increase in unemployment (4) Certain documentation required
compensation benefits An agreement under this section shall in-
clude a requirement, similar to the require-
(a) Federal-State agreements ment under section 9021(a)(3)(A)(iii) of this
Any State which desires to do so may enter title, for the substantiation of self-employ-
into and participate in an agreement under this ment income with respect to each applicant
section with the Secretary of Labor (in this sec- for Mixed Earner Unemployment Compensa-
tion referred to as the ‘‘Secretary’’). Any State tion under paragraph (1)(C).
which is a party to an agreement under this sec- (c) Nonreduction rule
tion may, upon providing 30 days’ written notice (1) In general
to the Secretary, terminate such agreement.
An agreement under this section shall not
(b) Provisions of agreement apply (or shall cease to apply) with respect to
(1) Federal Pandemic Unemployment Com- a State upon a determination by the Secretary
pensation that the method governing the computation of
Any agreement under this section shall pro- regular compensation under the State law of
vide that the State agency of the State will that State has been modified in a manner such
make payments of regular compensation to in- that the number of weeks (the maximum ben-
dividuals in amounts and to the extent that efit entitlement), or the average weekly ben-
efit amount, of regular compensation which
they would be determined if the State law of
will be payable during the period of the agree-
the State were applied, with respect to any
ment (determined disregarding any Federal
week for which the individual is (disregarding
Pandemic Unemployment Compensation or
this section) otherwise entitled under the
Mixed Earner Unemployment Compensation)
State law to receive regular compensation, as
will be less than the number of weeks, or the
if such State law had been modified in a man-
average weekly benefit amount, of the average
ner such that the amount of regular com-
weekly benefit amount of regular compensa-
pensation (including dependents’ allowances)
tion which would otherwise have been payable
payable for any week shall be equal to—
during such period under the State law, as in
(A) the amount determined under the effect on January 1, 2020.
State law (before the application of this
paragraph), plus (2) Maximum benefit entitlement
(B) an additional amount equal to the In paragraph (1), the term ‘‘maximum ben-
amount specified in paragraph (3) (in this efit entitlement’’ means the amount of regular
section referred to as ‘‘Federal Pandemic
Unemployment Compensation’’), plus 1 So in original. No subpar. (B) has been enacted.
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