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15 U.S.C. 9025 (U.S. Code, current edition)

Summary

The U.S. Code text of 15 U.S.C. § 9025, Pandemic emergency unemployment compensation, 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 pandemic emergency unemployment compensation to individuals who have exhausted all rights to regular compensation with respect to a benefit year, excluding any benefit year that ended before July 1, 2019. The amendment notes record that Pub. L. 116–260 substituted March 14, 2021 for December 31, 2020, and that Pub. L. 117–2 substituted September 6, 2021 for March 14, 2021 in subsection (e)(2).

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“15 U.S.C. 9025 (U.S. Code, current edition).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-9025-u-s-code-current-edition-00663fdd58/, SHA-256 c39ca0234738db24f8d22c8ca1757f4fd745dd48f2a42c63839cbbbb06ead548.

Full text

Page 2509                              TITLE 15—COMMERCE AND TRADE                                             § 9025

                      Editorial Notes                                (B) have no rights to regular compensation
                   REFERENCES IN TEXT                              with respect to a week under such law or
                                                                   any other State unemployment compensa-
  Section 905(g) and section 904(a), referred to in sub-           tion law or to compensation under any other
sec. (d)(1)(A), probably mean sections 905(g) and 904(a)
of the Social Security Act. However, section 905(g)
                                                                   Federal law;
probably should be a reference to section 904(g) as there            (C) are not receiving compensation with
is no subsec. (g) in section 905 of the Act, and section           respect to such week under the unemploy-
904(g) establishes the Federal unemployment account.               ment compensation law of Canada; and
Section 904(a) and (g) is classified to section 1104(a) and          (D) are able to work, available to work,
(g), respectively, of Title 42, The Public Health and              and actively seeking work.
Welfare.
                                                                 (3) Exhaustion of benefits
  Section 205 of the Federal-State Extended Unemploy-
ment Compensation Act of 1970, referred to in subsec.              For purposes of paragraph (2)(A), an indi-
(g), is section 205 of Pub. L. 91–373, which is set out in       vidual shall be deemed to have exhausted such
a note under section 3304 of Title 26, Internal Revenue          individual’s rights to regular compensation
Code.                                                            under a State law when—
                       AMENDMENTS                                    (A) no payments of regular compensation
                                                                   can be made under such law because such in-
  2021—Subsec. (c)(3). Pub. L. 117–2, § 9014(b), struck out
par. (3). Text read as follows: ‘‘With respect to com-             dividual has received all regular compensa-
pensation paid to individuals for weeks of unemploy-               tion available to such individual based on
ment ending after December 31, 2020, paragraph (1) shall           employment or wages during such individ-
be applied by substituting ‘50 percent’ for ‘100 per-              ual’s base period; or
cent’.’’                                                             (B) such individual’s rights to such com-
  Subsec. (e)(2). Pub. L. 117–2, § 9014(a), substituted            pensation have been terminated by reason of
‘‘September 6, 2021’’ for ‘‘March 14, 2021’’.                      the expiration of the benefit year with re-
  2020—Subsec. (c)(1). Pub. L. 116–260, § 204(1)(A), sub-
                                                                   spect to which such rights existed.
stituted ‘‘Except as provided in paragraph (3), there
shall be paid’’ for ‘‘There shall be paid’’ in introductory      (4) Weekly benefit amount, etc.
provisions.                                                        For purposes of any agreement under this
  Subsec. (c)(3). Pub. L. 116–260, § 204(1)(B), added par.       section—
(3).
  Subsec. (e)(2). Pub. L. 116–260, § 204(2), substituted
                                                                     (A) the amount of pandemic emergency
‘‘March 14, 2021’’ for ‘‘December 31, 2020’’.                      unemployment compensation which shall be
                                                                   payable to any individual for any week of
       Statutory Notes and Related Subsidiaries                    total unemployment shall be equal to—
                                                                       (i) the amount of the regular compensa-
                  FULL REIMBURSEMENT
                                                                     tion (including dependents’ allowances)
  Pub. L. 117–2, title IX, § 9014(b), Mar. 11, 2021, 135 Stat.       payable to such individual during such in-
119, provided that: ‘‘Paragraph (3) of section 2105(c) of            dividual’s benefit year under the State law
such Act (15 U.S.C. 9024(c)) is repealed and such section            for a week of total unemployment;
shall be applied to weeks of unemployment to which an
agreement under section 2105 of such Act applies as if
                                                                       (ii) the amount of Federal Pandemic Un-
such paragraph had not been enacted. In implementing                 employment Compensation under section
the preceding sentence, a State may, if necessary, reen-             9023(b)(1)(B) of this title; and
ter the agreement with the Secretary under section                     (iii) the amount (if any) of Mixed Earner
2105 of such Act, and retroactively pay for the first                Unemployment Compensation under sec-
week of regular compensation without a waiting week                  tion 9023(b)(1)(C) of this title;
consistent with State law (including a waiver of State
law) and receive full reimbursement for weeks of unem-                (B) the terms and conditions of the State
ployment that ended after December 31, 2020.’’                      law which apply to claims for regular com-
                                                                    pensation and to the payment thereof (in-
§ 9025. Pandemic emergency unemployment com-                        cluding terms and conditions relating to
    pensation                                                       availability for work, active search for
(a) Federal-State agreements                                        work, and refusal to accept work) shall
  (1) In general                                                    apply to claims for pandemic emergency un-
                                                                    employment compensation and the payment
    Any State which desires to do so may enter                      thereof, except where otherwise inconsistent
  into and participate in an agreement under                        with the provisions of this section or with
  this section with the Secretary of Labor (in                      the regulations or operating instructions of
  this section referred to as the ‘‘Secretary’’).                   the Secretary promulgated to carry out this
  Any State which is a party to an agreement                        section;
  under this section may, upon providing 30                           (C) the maximum amount of pandemic
  days’ written notice to the Secretary, termi-                     emergency unemployment compensation
  nate such agreement.                                              payable to any individual for whom an 1 pan-
  (2) Provisions of agreement                                       demic emergency unemployment compensa-
    Any agreement under paragraph (1) shall                         tion account is established under subsection
  provide that the State agency of the State will                   (b) shall not exceed the amount established
  make payments of pandemic emergency unem-                         in such account for such individual; and
  ployment compensation to individuals who—                           (D) the allowable methods of payment
       (A) have exhausted all rights to regular                     under section 9023(b)(2) of this title shall
    compensation under the State law or under                       apply to payments of amounts described in
    Federal law with respect to a benefit year                      subparagraph (A)(ii).
    (excluding any benefit year that ended be-
    fore July 1, 2019);                                          1 So in original. Probably should be ‘‘a’’.
§ 9025                          TITLE 15—COMMERCE AND TRADE                                   Page 2510

  (5) Coordination rules                                     the employment available in the labor
    (A) In general                                           market, the individual’s skills and capa-
                                                             bilities, and includes a number of em-
      Subject to subparagraph (B), an agreement              ployer contacts that is consistent with the
    under this section shall apply with respect              standards communicated to the individual
    to a State only upon a determination by the              by the State;
    Secretary that, under the State law or other               (iii) has maintained a record of such
    applicable rules of such State, the payment              work search, including employers con-
    of extended compensation for which an indi-              tacted, method of contact, and date con-
    vidual is otherwise eligible must be deferred            tacted; and
    until after the payment of any pandemic                    (iv) when requested, has provided such
    emergency unemployment compensation                      work search record to the State agency.
    under subsection (b) for which the individual         (B) Flexibility
    is concurrently eligible.
                                                             Notwithstanding the requirements under
    (B) Special rule
                                                          subparagraph (A) and paragraph (2)(D), a
      In the case of an individual who is receiv-         State shall provide flexibility in meeting
    ing extended compensation under the State             such requirements in case of individuals un-
    law for the week that includes December 27,           able to search for work because of COVID–19,
    2020 (without regard to the amendments                including because of illness, quarantine, or
    made by subsections (a) and (b) of section 206        movement restriction.
    of the Continued Assistance for Unemployed          (8) Special rule for extended compensation
    Workers Act of 2020) or for the week that in-
                                                          At the option of a State, for any weeks of
    cludes March 11, 2021 (without regard to the
                                                        unemployment beginning after December 27,
    amendments made by subsections (a) and (b)
                                                        2020, and before September 6, 2021, an individ-
    of section 9016 of the American Rescue Plan
                                                        ual’s eligibility period (as described in section
    Act of 2021), such individual shall not be eli-
                                                        203(c) of the Federal-State Extended Unem-
    gible to receive pandemic emergency unem-
                                                        ployment Compensation Act of 1970 (26 U.S.C.
    ployment compensation by reason of such
                                                        3304 note)) shall, for purposes of any deter-
    amendments until such individual has ex-
                                                        mination of eligibility for extended compensa-
    hausted all rights to such extended benefits.
                                                        tion under the State law of such State, be con-
  (6) Nonreduction rule                                 sidered to include any week which begins—
    (A) In general                                           (A) after the date as of which such indi-
      An agreement under this section shall not           vidual exhausts all rights to pandemic emer-
    apply (or shall cease to apply) with respect          gency unemployment compensation; and
    to a State upon a determination by the Sec-              (B) during an extended benefit period that
    retary that the method governing the com-             began on or before the date described in sub-
    putation of regular compensation under the            paragraph (A).
    State law of that State has been modified in      (b) Pandemic emergency unemployment com-
    a manner such that the number of weeks                pensation account
    (the maximum benefit entitlement), or the           (1) In general
    average weekly benefit amount, of regular             Any agreement under this section shall pro-
    compensation which will be payable during           vide that the State will establish, for each eli-
    the period of the agreement will be less than       gible individual who files an application for
    the number of weeks, or the average weekly          pandemic emergency unemployment com-
    benefit amount, of the average weekly ben-          pensation, an 1 pandemic emergency unem-
    efit amount of regular compensation which           ployment compensation account with respect
    would otherwise have been payable during            to such individual’s benefit year.
    such period under the State law, as in effect       (2) Amount in account
    on January 1, 2020.
                                                          The amount established in an account under
    (B) Maximum benefit entitlement                     subsection (a) shall be equal to 53 times the in-
      In subparagraph (A), the term ‘‘maximum           dividual’s average weekly benefit amount,
    benefit entitlement’’ means the amount of           which includes the amount of Federal Pan-
    regular unemployment compensation pay-              demic Unemployment Compensation under
    able to an individual with respect to the in-       section 9023 of this title, for the benefit year.
    dividual’s benefit year.                            (3) Weekly benefit amount
  (7) Actively seeking work                               For purposes of this subsection, an individ-
    (A) In general                                      ual’s weekly benefit amount for any week is
      Subject to subparagraph (C),2 for purposes        the amount of regular compensation (includ-
    of paragraph (2)(D), the term ‘‘actively seek-      ing dependents’ allowances) under the State
    ing work’’ means, with respect to any indi-         law payable to such individual for such week
    vidual, that such individual—                       for total unemployment plus the amount of
        (i) is registered for employment services       Federal Pandemic Unemployment Compensa-
      in such a manner and to such extent as            tion under section 9023 of this title.
      prescribed by the State agency;                   (4) Coordination of pandemic emergency un-
        (ii) has engaged in an active search for             employment compensation with regular
      employment that is appropriate in light of             compensation
                                                          (A) In general
 2 So in original.                                           If—
Page 2511                      TITLE 15—COMMERCE AND TRADE                                                  § 9025

       (i) an individual has been determined to        (2) Treatment of reimbursable compensation
     be entitled to pandemic emergency unem-             No payment shall be made to any State
     ployment compensation with respect to a           under this section in respect of any compensa-
     benefit year;                                     tion to the extent the State is entitled to re-
       (ii) that benefit year has expired;             imbursement in respect of such compensation
       (iii) that individual has remaining enti-       under the provisions of any Federal law other
     tlement to pandemic emergency unem-               than this section or chapter 85 of title 5. A
     ployment compensation with respect to             State shall not be entitled to any reimburse-
     that benefit year; and                            ment under such chapter 85 in respect of any
       (iv) that individual would qualify for a
                                                       compensation to the extent the State is enti-
     new benefit year in which the weekly ben-
                                                       tled to reimbursement under this section in
     efit amount of regular compensation is at
                                                       respect of such compensation.
     least $25 less than the individual’s weekly
     benefit amount in the benefit year referred       (3) Determination of amount
     to in clause (i),                                   Sums payable to any State by reason of such
   then the State shall determine eligibility for      State having an agreement under this section
   compensation as provided in subparagraph            shall be payable, either in advance or by way
   (B).                                                of reimbursement (as may be determined by
                                                       the Secretary), in such amounts as the Sec-
   (B) Determination of eligibility
                                                       retary estimates the State will be entitled to
     For individuals described in subparagraph         receive under this section for each calendar
   (A), the State shall determine whether the          month, reduced or increased, as the case may
   individual is to be paid pandemic emergency         be, by any amount by which the Secretary
   unemployment compensation or regular                finds that the Secretary’s estimates for any
   compensation for a week of unemployment             prior calendar month were greater or less than
   using one of the following methods:                 the amounts which should have been paid to
        (i) The State shall, if permitted by State     the State. Such estimates may be made on the
     law, establish a new benefit year, but defer      basis of such statistical, sampling, or other
     the payment of regular compensation with          method as may be agreed upon by the Sec-
     respect to that new benefit year until ex-        retary and the State agency of the State in-
     haustion of all pandemic emergency unem-          volved.
     ployment compensation payable with re-
     spect to the benefit year referred to in sub-   (d) Financing provisions
     paragraph (A)(i).                                 (1) Compensation
        (ii) The State shall, if permitted by            (A) In general
     State law, defer the establishment of a
                                                           Funds in the extended unemployment
     new benefit year (which uses all the wages
                                                         compensation account (as established by
     and employment which would have been
                                                         section 905(a) of the Social Security Act (42
     used to establish a benefit year but for the
                                                         U.S.C. 1105(a)) of the Unemployment Trust
     application of this subparagraph), until ex-
                                                         Fund (as established by section 904(a) of such
     haustion of all pandemic emergency unem-
                                                         Act (42 U.S.C. 1104(a)) shall be used for the
     ployment compensation payable with re-
                                                         making of payments to States having agree-
     spect to the benefit year referred to in sub-
                                                         ments entered into under this section.
     paragraph (A)(i).
        (iii) The State shall pay, if permitted by       (B) Transfer of funds
     State law—                                            Notwithstanding any other provision of
           (I) regular compensation equal to the         law, the Secretary of the Treasury shall
        weekly benefit amount established under          transfer from the general fund of the Treas-
        the new benefit year; and                        ury (from funds not otherwise appropriated)
           (II) pandemic emergency unemploy-             to the extended unemployment compensa-
        ment compensation equal to the dif-              tion account such sums as the Secretary of
        ference between that weekly benefit              Labor estimates to be necessary to make
        amount and the weekly benefit amount             payments described in subparagraph (A).
        for the expired benefit year.                    There are appropriated from the general
         (iv) The State shall determine rights to        fund of the Treasury, without fiscal year
       pandemic emergency unemployment com-              limitation, the sums referred to in the pre-
       pensation without regard to any rights to         ceding sentence and such sums shall not be
       regular compensation if the individual            required to be repaid.
       elects to not file a claim for regular com-     (2) Administration
       pensation under the new benefit year.             (A) In general
(c) Payments to States having agreements for the
                                                           There are appropriated out of the employ-
    payment of pandemic emergency unemploy-
                                                         ment security administration account (as
    ment compensation
                                                         established by section 901(a) of the Social
  (1) In general                                         Security Act (42 U.S.C. 1101(a)) 3 of the Un-
    There shall be paid to each State that has           employment Trust Fund, without fiscal year
  entered into an agreement under this section           limitation, such funds as may be necessary
  an amount equal to 100 percent of the pan-             for purposes of assisting States (as provided
  demic emergency unemployment compensa-
  tion paid to individuals by the State pursuant       3 So in original. A third closing parenthesis probably should

  to such agreement.                                 appear.
§ 9025                           TITLE 15—COMMERCE AND TRADE                                           Page 2512

    in title III of the Social Security Act (42          (3) Recovery by State agency
    U.S.C. 501 et seq.)) in meeting the costs of           (A) In general
    administration of agreements under this sec-
    tion.                                                     The State agency shall recover the
                                                            amount to be repaid, or any part thereof, by
    (B) Transfer of funds
                                                            deductions from any pandemic emergency
       Notwithstanding any other provision of               unemployment compensation payable to
    law, the Secretary of the Treasury shall                such individual under this section or from
    transfer from the general fund of the Treas-            any unemployment compensation payable to
    ury (from funds not otherwise appropriated)             such individual under any State or Federal
    to the employment security administration               unemployment compensation law adminis-
    account such sums as the Secretary of Labor             tered by the State agency or under any
    estimates to be necessary to make payments              other State or Federal law administered by
    described in subparagraph (A). There are ap-            the State agency which provides for the pay-
    propriated from the general fund of the                 ment of any assistance or allowance with re-
    Treasury, without fiscal year limitation, the           spect to any week of unemployment, during
    sums referred to in the preceding sentence              the 3-year period after the date such individ-
    and such sums shall not be required to be re-           uals received the payment of the pandemic
    paid.                                                   emergency unemployment compensation to
  (3) Certification                                         which they were not entitled, in accordance
    The Secretary shall from time to time cer-              with the same procedures as apply to the re-
  tify to the Secretary of the Treasury for pay-            covery of overpayments of regular unem-
  ment to each State the sums payable to such               ployment benefits paid by the State.
  State under this subsection. The Secretary of             (B) Opportunity for hearing
  the Treasury, prior to audit or settlement by               No repayment shall be required, and no de-
  the Government Accountability Office, shall               duction shall be made, until a determination
  make payments to the State in accordance                  has been made, notice thereof and an oppor-
  with such certification, by transfers from the            tunity for a fair hearing has been given to
  extended unemployment compensation ac-                    the individual, and the determination has
  count (as so established) to the account of               become final.
  such State in the Unemployment Trust Fund
  (as so established).                                    (4) Review
(e) Fraud and overpayments                                  Any determination by a State agency under
  (1) In general                                          this section shall be subject to review in the
                                                          same manner and to the same extent as deter-
    If an individual knowingly has made, or
                                                          minations under the State unemployment
  caused to be made by another, a false state-
                                                          compensation law, and only in that manner
  ment or representation of a material fact, or
                                                          and to that extent.
  knowingly has failed, or caused another to
  fail, to disclose a material fact, and as a result   (f) Definitions
  of such false statement or representation or of         In this section, the terms ‘‘compensation’’,
  such nondisclosure such individual has re-           ‘‘regular compensation’’, ‘‘extended compensa-
  ceived an amount of pandemic emergency un-           tion’’, ‘‘benefit year’’, ‘‘base period’’, ‘‘State’’,
  employment compensation under this section           ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ have
  to which such individual was not entitled,           the respective meanings given such terms under
  such individual—                                     section 205 of the Federal-State Extended Unem-
       (A) shall be ineligible for further pandemic    ployment Compensation Act of 1970 (26 U.S.C.
    emergency unemployment compensation                3304 note).
    under this section in accordance with the          (g) Applicability
    provisions of the applicable State unemploy-
    ment compensation law relating to fraud in            An agreement entered into under this section
    connection with a claim for unemployment           shall apply to weeks of unemployment—
    compensation; and                                       (1) beginning after the date on which such
       (B) shall be subject to prosecution under          agreement is entered into; and
    section 1001 of title 18.                               (2) ending on or before September 6, 2021.
  (2) Repayment                                        (Pub. L. 116–136, div. A, title II, § 2107, Mar. 27,
    In the case of individuals who have received       2020, 134 Stat. 323; Pub. L. 116–260, div. N, title II,
  amounts of pandemic emergency unemploy-              §§ 206(a)–(c), 261(b)(2), Dec. 27, 2020, 134 Stat. 1954,
  ment compensation under this section to              1962; Pub. L. 117–2, title IX, § 9016(a)–(d), Mar. 11,
  which they were not entitled, the State shall        2021, 135 Stat. 119, 120.)
  require such individuals to repay the amounts
  of such pandemic emergency unemployment                                   Editorial Notes
  compensation to the State agency, except that                          REFERENCES IN TEXT
  the State agency may waive such repayment if
  it determines that—                                    The amendments made by subsections (a) and (b) of
                                                       section 206 of the Continued Assistance for Unemployed
       (A) the payment of such pandemic emer-
                                                       Workers Act of 2020, referred to in subsec. (a)(5)(B), are
    gency unemployment compensation was                the amendments made by subsecs. (a) and (b) of section
    without fault on the part of any such indi-        206 of chapter 1 of subtitle A of title II of div. N of Pub.
    vidual; and                                        L. 116–260, which amended this section.
       (B) such repayment would be contrary to           The amendments made by subsections (a) and (b) of
    equity and good conscience.                        section 9016 of the American Rescue Plan Act of 2021,
Page 2513                              TITLE 15—COMMERCE AND TRADE                                            § 9026

referred to in subsec. (a)(5)(B), are the amendments             § 9026. Temporary financing of short-time com-
made by subsecs. (a) and (b) of section 9016 of Pub. L.              pensation payments in States with programs
117–2, which amended this section.                                   in law
   Sections 203(c) and 205 of the Federal-State Extended
Unemployment Compensation Act of 1970, referred to in            (a) Payments to States
subsecs. (a)(8) and (f), respectively, are sections 203(c)         (1) In general
and 205 of Pub. L. 91–373, which are set out in a note
under section 3304 of Title 26, Internal Revenue Code.               Subject to paragraph (3), there shall be paid
   The Social Security Act, referred to in subsec.                 to a State an amount equal to 100 percent of
(d)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title      the amount of short-time compensation paid
III of the Act is classified generally to subchapter III           under a short-time compensation program (as
(§ 501 et seq.) of chapter 7 of Title 42, The Public Health        defined in section 3306(v) of title 26) under the
and Welfare. For complete classification of this Act to            provisions of the State law.
the Code, see section 1305 of Title 42 and Tables.
                                                                   (2) Terms of payments
                       AMENDMENTS
                                                                     Payments made to a State under paragraph
   2021—Subsec. (a)(5)(B). Pub. L. 117–2, § 9016(c), inserted      (1) shall be payable by way of reimbursement
‘‘or for the week that includes March 11, 2021 (without            in such amounts as the Secretary estimates
regard to the amendments made by subsections (a) and               the State will be entitled to receive under this
(b) of section 9016 of American Rescue Plan Act of
2021)’’ after ‘‘2020)’’.
                                                                   section for each calendar month, reduced or
   Subsec. (a)(8). Pub. L. 117–2, § 9016(d), substituted           increased, as the case may be, by any amount
‘‘September 6, 2021’’ for ‘‘April 12, 2021’’ in introductory       by which the Secretary finds that the Sec-
provisions.                                                        retary’s estimates for any prior calendar
   Subsec. (b)(2). Pub. L. 117–2, § 9016(b), substituted ‘‘53      month were greater or less than the amounts
times’’ for ‘‘24 times’’.                                          which should have been paid to the State.
   Subsec. (g). Pub. L. 117–2, § 9016(a), amended subsec.          Such estimates may be made on the basis of
(g) generally. Prior to amendment, subsec. (g) related             such statistical, sampling, or other method as
to applicability, transition rule, and termination date.
   2020—Subsec. (a)(4)(A). Pub. L. 116–260, § 261(b)(2),
                                                                   may be agreed upon by the Secretary and the
struck out ‘‘and’’ at end of cl. (i), substituted ‘‘section        State agency of the State involved.
9023(b)(1)(B) of this title; and’’ for ‘‘section 9023 of this      (3) Limitations on payments
title;’’ in cl. (ii), and added cl. (iii).                           (A) General payment limitations
   Subsec. (a)(5). Pub. L. 116–260, § 206(c)(2)(A), sub-
stituted ‘‘rules’’ for ‘‘rule’’ in heading, designated ex-              No payments shall be made to a State
isting provisions as subpar. (A), inserted subpar. head-             under this section for short-time compensa-
ing, substituted ‘‘Subject to subparagraph (B), an                   tion paid to an individual by the State dur-
agreement’’ for ‘‘An agreement’’, and added subpar. (B).             ing a benefit year in excess of 26 times the
   Subsec. (a)(8). Pub. L. 116–260, § 206(c)(2)(B), added par.       amount of regular compensation (including
(8).                                                                 dependents’ allowances) under the State law
   Subsec. (b)(2). Pub. L. 116–260, § 206(b), substituted ‘‘24
times’’ for ‘‘13 times’’.
                                                                     payable to such individual for a week of
   Subsec. (b)(4). Pub. L. 116–260, § 206(c)(1), added par.          total unemployment.
(4).                                                                 (B) Employer limitations
   Subsec. (g). Pub. L. 116–260, § 206(a), amended subsec.              No payments shall be made to a State
(g) generally. Prior to amendment, text read as follows:
‘‘An agreement entered into under this section shall
                                                                     under this section for benefits paid to an in-
apply to weeks of unemployment—                                      dividual by the State under a short-time
     ‘‘(1) beginning after the date on which such agree-             compensation program if such individual is
   ment is entered into; and                                         employed by the participating employer on a
     ‘‘(2) ending on or before December 31, 2020.’’                  seasonal, temporary, or intermittent basis.
                                                                 (b) Applicability
       Statutory Notes and Related Subsidiaries
                                                                   Payments to a State under subsection (a) shall
          EFFECTIVE DATE OF 2021 AMENDMENT                       be available for weeks of unemployment—
  Pub. L. 117–2, title IX, § 9016(e), Mar. 11, 2021, 135 Stat.       (1) beginning on or after March 27, 2020; and
120, provided that: ‘‘The amendments made by this sec-               (2) ending on or before September 6, 2021.
tion [amending this section] shall apply as if included          (c) New programs
in the enactment of the CARES Act (Public Law
116–136), except that no amount shall be payable by vir-           Subject to subsection (b)(2), if at any point
tue of such amendments with respect to any week of               after March 27, 2020, the State enacts a State
unemployment ending on or before March 14, 2021.’’               law providing for the payment of short-time
          EFFECTIVE DATE OF 2020 AMENDMENT                       compensation under a short-time compensation
                                                                 program that meets the definition of such a pro-
  Pub. L. 116–260, div. N, title II, § 206(d), Dec. 27, 2020,    gram under section 3306(v) of title 26, the State
134 Stat. 1956, provided that:
                                                                 shall be eligible for payments under this section
  ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments made by this section [amending this               after the effective date of such enactment.
section] shall apply as if included in the enactment of          (d) Funding and certifications
the CARES Act (Public Law 116–136), except that no                 (1) Funding
amount shall be payable by virtue of such amendments
with respect to any week of unemployment com-                        There are appropriated, out of moneys in the
mencing before the date of the enactment of this Act               Treasury not otherwise appropriated, such
[Dec. 27, 2020].                                                   sums as may be necessary for purposes of car-
  ‘‘(2) COORDINATION RULES.—The amendments made by                 rying out this section.
subsection (c)(1) shall apply to individuals whose ben-            (2) Certifications
efit years, as described in section 2107(b)(4)(A)(ii) of the
CARES Act [15 U.S.C. 9025(b)(4)(A)(ii)], expire after the            The Secretary shall from time to time cer-
date of enactment of this Act.’’                                   tify to the Secretary of the Treasury for pay-


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