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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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“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/, SHA-256 b0e6b81ba3e4458317bf1a5ae9c2c6ba9362cb14e09d6d5b8e78b25f35ebc838.

Full text

§ 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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