15 U.S.C. 9023 (U.S. Code, current edition)
Summary
The U.S. Code text of 15 U.S.C. § 9023, Emergency increase in unemployment compensation benefits, in Title 15—Commerce and Trade, with notes. Any State may enter into an agreement with the Secretary of Labor under the section and may terminate it upon providing 30 days' written notice. Under an agreement the State agency pays regular compensation increased by Federal Pandemic Unemployment Compensation, listed as $600 for weeks ending on or before July 31, 2020 and $300 for weeks ending on or before September 6, 2021. It also provides an additional amount of $100, called Mixed Earner Unemployment Compensation, and requires substantiation of self-employment income for each applicant for it.
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“15 U.S.C. 9023 (U.S. Code, current edition).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-9023-u-s-code-current-edition-c7dd2d2f56/
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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.
§ 9023 TITLE 15—COMMERCE AND TRADE Page 2506
unemployment compensation payable to an in- ceived an amount of Federal Pandemic Unem-
dividual with respect to the individual’s ben- ployment Compensation or Mixed Earner Un-
efit year. employment Compensation to which such indi-
(d) Payments to States vidual was not entitled, such individual—
(A) shall be ineligible for further Federal
(1) In general Pandemic Unemployment Compensation or
(A) Full reimbursement Mixed Earner Unemployment Compensation
There shall be paid to each State which in accordance with the provisions of the ap-
has entered into an agreement under this plicable State unemployment compensation
section an amount equal to 100 percent of— law relating to fraud in connection with a
(i) the total amount of Federal Pandemic claim for unemployment compensation; and
Unemployment Compensation and Mixed (B) shall be subject to prosecution under
Earner Unemployment Compensation paid section 1001 of title 18.
to individuals by the State pursuant to (2) Repayment
such agreement; and In the case of individuals who have received
(ii) any additional administrative ex- amounts of Federal Pandemic Unemployment
penses incurred by the State by reason of Compensation or Mixed Earner Unemployment
such agreement (as determined by the Sec- Compensation to which they were not entitled,
retary). the State shall require such individuals to
(B) Terms of payments repay the amounts of such Federal Pandemic
Unemployment Compensation or Mixed Earner
Sums payable to any State by reason of
Unemployment Compensation to the State
such State’s having an agreement under this
agency, except that the State agency may
section shall be payable, either in advance
waive such repayment if it determines that—
or by way of reimbursement (as determined (A) the payment of such Federal Pandemic
by the Secretary), in such amounts as the Unemployment Compensation or Mixed
Secretary estimates the State will be enti- Earner Unemployment Compensation was
tled to receive under this section for each without fault on the part of any such indi-
calendar month, reduced or increased, as the vidual; and
case may be, by any amount by which the (B) such repayment would be contrary to
Secretary finds that his estimates for any equity and good conscience.
prior calendar month were greater or less
(3) Recovery by State agency
than the amounts which should have been
paid to the State. Such estimates may be (A) In general
made on the basis of such statistical, sam- The State agency shall recover the
pling, or other method as may be agreed amount to be repaid, or any part thereof, by
upon by the Secretary and the State agency deductions from any Federal Pandemic Un-
of the State involved. employment Compensation or Mixed Earner
(2) Certifications Unemployment Compensation payable to
such individual or from any unemployment
The Secretary shall from time to time cer- compensation payable to such individual
tify to the Secretary of the Treasury for pay- under any State or Federal unemployment
ment to each State the sums payable to such compensation law administered by the State
State under this section. agency or under any other State or Federal
(3) Appropriation law administered by the State agency which
There are appropriated from the general provides for the payment of any assistance
fund of the Treasury, without fiscal year limi- or allowance with respect to any week of un-
tation, such sums as may be necessary for pur- employment, during the 3-year period after
poses of this subsection. the date such individuals received the pay-
ment of the Federal Pandemic Unemploy-
(e) Applicability ment Compensation or Mixed Earner Unem-
An agreement entered into under this section ployment Compensation to which they were
shall apply— not entitled, in accordance with the same
(1) to weeks of unemployment beginning procedures as apply to the recovery of over-
after the date on which such agreement is en- payments of regular unemployment benefits
tered into and ending on or before July 31, paid by the State.
2020; and (B) Opportunity for hearing
(2) to weeks of unemployment beginning
No repayment shall be required, and no de-
after December 26, 2020 (or, if later, the date
duction shall be made, until a determination
on which such agreement is entered into), and
has been made, notice thereof and an oppor-
ending on or before September 6, 2021.
tunity for a fair hearing has been given to
(f) Fraud and overpayments the individual, and the determination has
(1) In general become final.
If an individual knowingly has made, or (4) Review
caused to be made by another, a false state- Any determination by a State agency under
ment or representation of a material fact, or this section shall be subject to review in the
knowingly has failed, or caused another to same manner and to the same extent as deter-
fail, to disclose a material fact, and as a result minations under the State unemployment
of such false statement or representation or of compensation law, and only in that manner
such nondisclosure such individual has re- and to that extent.
Page 2507 TITLE 15—COMMERCE AND TRADE § 9023
(g) Application to other unemployment benefits XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respec-
tively, of chapter 7 of Title 42, The Public Health and
Each agreement under this section shall in- Welfare. For complete classification of this Act to the
clude provisions to provide that— Code, see section 1305 of Title 42 and Tables.
(1) the purposes of the preceding provisions Section 205 of the Federal-State Extended Unemploy-
of this section, as such provisions apply with ment Compensation Act of 1970, referred to in subsec.
respect to Federal Pandemic Unemployment (i)(1), (2)(A), is section 205 of Pub. L. 91–373, which is set
Compensation, shall be applied with respect to out in a note under section 3304 of Title 26, Internal
unemployment benefits described in sub- Revenue Code.
section (i)(2) to the same extent and in the AMENDMENTS
same manner as if those benefits were regular 2021—Subsec. (b)(3)(A)(ii). Pub. L. 117–2, § 9013(b), sub-
compensation; and stituted ‘‘September 6, 2021’’ for ‘‘March 14, 2021’’.
(2) the purposes of the preceding provisions Subsec. (e)(2). Pub. L. 117–2, § 9013(a), substituted
of this section, as such provisions apply with ‘‘September 6, 2021’’ for ‘‘March 14, 2021’’.
respect to Mixed Earner Unemployment Com- 2020—Subsec. (b)(1)(B). Pub. L. 116–260, § 261(a)(1)(A),
pensation, shall be applied with respect to un- substituted ‘‘, plus’’ for period at end.
Pub. L. 116–260, § 203(b)(1)(A), substituted ‘‘amount
employment benefits described in subpara- equal to the amount specified in paragraph (3)’’ for
graph (A), (B), (D), or (E) of subsection (i)(2) to ‘‘amount of $600’’.
the same extent and in the same manner as if Subsec. (b)(1)(C). Pub. L. 116–260, § 261(a)(1)(B), added
those benefits were regular compensation. subpar. (C).
Subsec. (b)(2). Pub. L. 116–260, § 261(b)(1)(A), inserted
(h) Disregard of additional compensation for
‘‘or Mixed Earner Unemployment Compensation’’ after
purposes of Medicaid and CHIP ‘‘Federal Pandemic Unemployment Compensation’’ in
The monthly equivalent of any Federal pan- introductory provisions.
demic unemployment compensation paid to an Subsec. (b)(3). Pub. L. 116–260, § 203(b)(1)(B), added par.
individual under this section shall be dis- (3).
Subsec. (b)(4). Pub. L. 116–260, § 261(a)(2), added par.
regarded when determining income for any pur- (4).
pose under the programs established under titles Subsec. (c)(1). Pub. L. 116–260, § 261(b)(1)(A), inserted
XIX and title XXI 2 of the Social Security Act ‘‘or Mixed Earner Unemployment Compensation’’ after
(42 U.S.C. 1396 et seq., 1397aa et seq.). ‘‘Federal Pandemic Unemployment Compensation’’.
(i) Definitions Subsec. (d)(1)(A)(i). Pub. L. 116–260, § 261(b)(1)(B), in-
serted ‘‘and Mixed Earner Unemployment Compensa-
For purposes of this section— tion’’ after ‘‘Federal Pandemic Unemployment Com-
(1) the terms ‘‘compensation’’, ‘‘regular com- pensation’’.
pensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State Subsec. (e). Pub. L. 116–260, § 203(a), amended subsec.
agency’’, ‘‘State law’’, and ‘‘week’’ have the (e) generally. Prior to amendment, text read as follows:
respective meanings given such terms under ‘‘An agreement entered into under this section shall
apply to weeks of unemployment—
section 205 of the Federal-State Extended Un- ‘‘(1) beginning after the date on which such agree-
employment Compensation Act of 1970 (26 ment is entered into; and
U.S.C. 3304 note); and ‘‘(2) ending on or before July 31, 2020.’’
(2) any reference to unemployment benefits Subsec. (f). Pub. L. 116–260, § 261(b)(1)(A), inserted ‘‘or
described in this paragraph shall be considered Mixed Earner Unemployment Compensation’’ after
to refer to— ‘‘Federal Pandemic Unemployment Compensation’’
(A) extended compensation (as defined by wherever appearing.
Subsec. (g). Pub. L. 116–260, § 261(b)(1)(C), substituted
section 205 of the Federal-State Extended ‘‘provide that—’’ and pars. (1) and (2) for ‘‘provide that
Unemployment Compensation Act of 1970); the purposes of the preceding provisions of this section
(B) regular compensation (as defined by shall be applied with respect to unemployment benefits
section 85(b) of title 26) provided under any described in subsection (i)(2) to the same extent and in
program administered by a State under an the same manner as if those benefits were regular com-
agreement with the Secretary; pensation.’’
(C) pandemic unemployment assistance Subsec. (i)(2)(E). Pub. L. 116–260, § 203(b)(2), added sub-
par. (E).
under section 9021 of this title;
(D) pandemic emergency unemployment Statutory Notes and Related Subsidiaries
compensation under section 9025 of this
title; and STATE’S RIGHT OF NON-PARTICIPATION
(E) short-time compensation under a Pub. L. 116–260, div. N, title II, § 261(c), Dec. 27, 2020,
short-time compensation program (as de- 134 Stat. 1962, provided that: ‘‘Any State participating
fined in section 3306(v) of title 26). in an agreement under section 2104 of the CARES Act
[15 U.S.C. 9023] may elect to continue paying Federal
(Pub. L. 116–136, div. A, title II, § 2104, Mar. 27, Pandemic Unemployment Compensation under such
2020, 134 Stat. 318; Pub. L. 116–260, div. N, title II, agreement without providing Mixed Earner Unemploy-
§§ 203, 261(a), (b)(1), Dec. 27, 2020, 134 Stat. 1953, ment Compensation pursuant to the amendments made
1961; Pub. L. 117–2, title IX, § 9013, Mar. 11, 2021, by this section [amending this section and section 9025
135 Stat. 119.) of this title]. Such amendments shall apply with re-
spect to such a State only if the State so elects, in
Editorial Notes which case such amendments shall apply with respect
to weeks of unemployment beginning on or after the
REFERENCES IN TEXT later of the date of such election or the date of enact-
ment of this section [Dec. 27, 2020].’’
The Social Security Act, referred to in subsec. (h), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XIX and TECHNICAL CORRECTION FOR THE COMMONWEALTH OF
XXI of the Act are classified generally to subchapters NORTHERN MARIANA ISLANDS
Commonwealth Only Transitional Workers to be con-
2 So in original. sidered qualified aliens under section 1641 of Title 8,
§ 9024 TITLE 15—COMMERCE AND TRADE Page 2508
Aliens and Nationality, for purposes of eligibility for a lished by section 904(a)) 1 shall be used to
benefit under this section, see section 265 of div. N of make payments under subsection (c)(1)(A).
Pub. L. 116–260, set out as a note under section 9021 of
this title. (B) Transfer of funds
Notwithstanding any other provision of
§ 9024. Temporary full Federal funding of the law, the Secretary of the Treasury shall
first week of compensable regular unemploy- transfer from the general fund of the Treas-
ment for States with no waiting week ury (from funds not otherwise appropriated)
(a) Federal-State agreements to the Federal unemployment account such
sums as the Secretary of Labor estimates to
Any State which desires to do so may enter be necessary to make payments described in
into and participate in an agreement under this subparagraph (A). There are appropriated
section with the Secretary of Labor (in this sec- from the general fund of the Treasury, with-
tion referred to as the ‘‘Secretary’’). Any State out fiscal year limitation, the sums referred
which is a party to an agreement under this sec- to in the preceding sentence and such sums
tion may, upon providing 30 days’ written notice shall not be required to be repaid.
to the Secretary, terminate such agreement.
(2) Administrative expenses
(b) Requirement that State law does not apply a (A) In general
waiting week
Funds in the employment security admin-
A State is eligible to enter into an agreement istration account (as established by section
under this section if the State law (including a 1101(a) of title 42) of the Unemployment
waiver of State law) provides that compensation Trust Fund (as established by section 1104(a)
is paid to individuals for their first week of reg- of title 42) shall be used to make payments
ular unemployment without a waiting week. An to States pursuant to subsection (c)(1)(B).
agreement under this section shall not apply (or
(B) Transfer of funds
shall cease to apply) with respect to a State
upon a determination by the Secretary that the Notwithstanding any other provision of
State law no longer meets the requirement law, the Secretary of the Treasury shall
under the preceding sentence. transfer from the general fund of the Treas-
ury (from funds not otherwise appropriated)
(c) Payments to States
to the employment security administration
(1) Full reimbursement account such sums as the Secretary of Labor
Except as provided in paragraph (3), there estimates to be necessary to make payments
shall be paid to each State which has entered described in subparagraph (A). There are ap-
into an agreement under this section an propriated from the general fund of the
amount equal to 100 percent of— Treasury, without fiscal year limitation, the
(A) the total amount of regular compensa- sums referred to in the preceding sentence
tion paid to individuals by the State for and such sums shall not be required to be re-
their first week of regular unemployment; paid.
and (3) Certifications
(B) any additional administrative expenses The Secretary shall from time to time cer-
incurred by the State by reason of such tify to the Secretary of the Treasury for pay-
agreement (as determined by the Secretary). ment to each State the sums payable to such
(2) Terms of payments State under this section.
Sums payable to any State by reason of such (e) Applicability
State’s having an agreement under this sec- An agreement entered into under this section
tion shall be payable, either in advance or by shall apply to weeks of unemployment—
way of reimbursement (as determined by the (1) beginning after the date on which such
Secretary), in such amounts as the Secretary agreement is entered into; and
estimates the State will be entitled to receive (2) ending on or before September 6, 2021.
under this section for each calendar month, (f) Fraud and overpayments
reduced or increased, as the case may be, by
any amount by which the Secretary finds that The provisions of section 9025(e) of this title
his estimates for any prior calendar month shall apply with respect to compensation paid
were greater or less than the amounts which under an agreement under this section to the
should have been paid to the State. Such esti- same extent and in the same manner as in the
mates may be made on the basis of such statis- case of pandemic emergency unemployment
tical, sampling, or other method as may be compensation under such section.
agreed upon by the Secretary and the State (g) Definitions
agency of the State involved. For purposes of this section, the terms ‘‘reg-
(d) Funding ular compensation’’, ‘‘State’’, ‘‘State agency’’,
(1) Compensation ‘‘State law’’, and ‘‘week’’ have the respective
meanings given such terms under section 205 of
(A) In general the Federal-State Extended Unemployment
Funds in the Federal unemployment ac- Compensation Act of 1970 (26 U.S.C. 3304 note).
count (as established by section 905(g)) 1 of (Pub. L. 116–136, div. A, title II, § 2105, Mar. 27,
the Unemployment Trust Fund (as estab- 2020, 134 Stat. 321; Pub. L. 116–260, div. N, title II,
§ 204, Dec. 27, 2020, 134 Stat. 1953; Pub. L. 117–2,
1 So in original. See References in Text note below. title IX, § 9014, Mar. 11, 2021, 135 Stat. 119.)
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