Title 15 — Commerce and Trade
Chapter 116 — Coronavirus Economic Stabilization (cares Act)
§ 9024. Temporary full Federal funding of the first week of compensable regular unemployment for States with no waiting week
Statutory text
Federal-State agreements
Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (in this section referred to as the “Secretary”). Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
Requirement that State law does not apply a waiting week
A State is eligible to enter into an agreement under this section if the State law (including a waiver of State law) provides that compensation is paid to individuals for their first week of regular unemployment without a waiting week. An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the State law no longer meets the requirement under the preceding sentence.
Payments to States
Full reimbursement
Except as provided in paragraph (3), there shall be paid to each State which has entered into an agreement under this section an amount equal to 100 percent of—
the total amount of regular compensation paid to individuals by the State for their first week of regular unemployment; and
any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
Terms of payments
Sums payable to any State by reason of such State’s having an agreement under this section shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
Funding
Compensation
In general
Funds in the Federal unemployment account (as established by section 905(g)) 1 of the Unemployment Trust Fund (as established by section 904(a)) 1 shall be used to make payments under subsection (c)(1)(A).
Transfer of funds
Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the Federal unemployment account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.
Administrative expenses
In general
Funds in the employment security administration account (as established by section 1101(a) of title 42) of the Unemployment Trust Fund (as established by section 1104(a) of title 42) shall be used to make payments to States pursuant to subsection (c)(1)(B).
Transfer of funds
Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.
Certifications
The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section.
Applicability
An agreement entered into under this section shall apply to weeks of unemployment—
beginning after the date on which such agreement is entered into; and
ending on or before .
Fraud and overpayments
The provisions of section 9025(e) of this title shall apply with respect to compensation paid under an agreement under this section to the same extent and in the same manner as in the case of pandemic emergency unemployment compensation under such section.
Definitions
For purposes of this section, the terms “regular compensation”, “State”, “State agency”, “State law”, and “week” have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
Footnotes
- 1 So in original. See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Relief for Workers Affected by Coronavirus Act
Pub. L. 116–136 div. A title II § 2105 · 134 Stat. 281
Enacted · 15 U.S.C. § 9024
Pub. L. 116–136, div. A, title II, § 2105, Mar. 27, 2020, 134 Stat. 321
Source evidence
Code source credit
Pub. L. 116–136, div. A, title II, § 2105, Mar. 27, 2020, 134 Stat. 321Enacted provision · exact public law section
SEC. 2105. TEMPORARY FULL FEDERAL FUNDING OF THE FIRST WEEK OF COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES WITH NO WAITING WEEK. (a) Federal-State Agreements.— Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (in this section referred to as the “Secretary”). Time period. Notice. Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement. (b) Requirement That State Law Does Not Apply a Waiting Week.— A State is eligible to enter into an agreement under this section if the State law (including a waiver of State law) provides that compensation is paid to individuals for their first week of regular unemployment without a waiting week. Determination. An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the State law no longer meets the requirement under the preceding sentence. (c) Payments to States.— (1) Full reimbursement.— There shall be paid to each State which has entered into an agreement under this section an amount equal to 100 percent of— (A) the total amount of regular compensation paid to individuals by the State for their first week of regular unemployment; and (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary). (2) Terms of payments.— Sums payable to any State by reason of such State’s having an agreement under this section shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (d) Funding.— (1) Compensation.— (A) In general.— Funds in the Federal unemployment account (as established by section 905(g)) of the Unemployment Trust Fund (as established by section 904(a)) shall be used to make payments under subsection (c)(1)(A). (B) Transfer of funds.— Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the Federal unemployment account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid. (2) Administrative expenses.— (A) In general.— Funds in the employment security administration account (as established by section 901(a) of the Social Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used to make payments to States pursuant to subsection (c)(1)(B). (B) Transfer of funds.— Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid. (3) Certifications.— The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (e) Applicability.— An agreement entered into under this section shall apply to weeks of unemployment— (1) beginning after the date on which such agreement is entered into; and (2) ending on or before December 31, 2020. (f) Fraud and Overpayments.— The provisions of section 2107(e) shall apply with respect to compensation paid under an agreement under this section to the same extent and in the same manner as in the case of pandemic emergency unemployment compensation under such section. (g) Definitions.— For purposes of this section, the terms “regular compensation”, “State”, “State agency”, “State law”, and “week” have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).Department of Justice Appropriations Act, 2021
Pub. L. 116–260 § 204(1)(A) · 134 Stat. 1182
Substituted · 15 U.S.C. § 9024(c)(1)
Pub. L. 116–260, § 204(1)(A), substituted “Except as provided in paragraph (3), there shall be paid” for “There shall be paid” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 116–260, § 204(1)(A), substituted “Except as provided in paragraph (3), there shall be paid” for “There shall be paid” in introductory provisions.Enacted provision · exact public law section
Sec. 204. Nothing Abortion. in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.Department of Justice Appropriations Act, 2021
Pub. L. 116–260 § 204(1)(B) · 134 Stat. 1182
Added · 15 U.S.C. § 9024(c)(3)
Pub. L. 116–260, § 204(1)(B), added par. (3)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 116–260, § 204(1)(B), added par. (3).Enacted provision · exact public law section
Sec. 204. Nothing Abortion. in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.Department of Justice Appropriations Act, 2021
Pub. L. 116–260 § 204(2) · 134 Stat. 1182
Substituted · 15 U.S.C. § 9024(e)(2)
Pub. L. 116–260, § 204(2), substituted “March 14, 2021” for “December 31, 2020”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 116–260, § 204(2), substituted “March 14, 2021” for “December 31, 2020”.Enacted provision · exact public law section
Sec. 204. Nothing Abortion. in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.American Rescue Plan Act of 2021
Pub. L. 117–2 § 9014(b) · 135 Stat. 4
Substituted · 15 U.S.C. § 9024(c)(3)
Pub. L. 117–2, § 9014(b), struck out par. (3). Text read as follows: “With respect to compensation paid to individuals for weeks of unemployment ending after December 31, 2020, paragraph (1) shall be applied by substituting ‘50 percent’ for ‘100 percent’.”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 117–2, § 9014(b), struck out par. (3). Text read as follows: “With respect to compensation paid to individuals for weeks of unemployment ending after December 31, 2020, paragraph (1) shall be applied by substituting ‘50 percent’ for ‘100 percent’.”Enacted provision · exact public law section
(b) Full Reimbursement.— Paragraph (3) of section 2105(c) of such Act (15 U.S.C. 9024(c)) is repealed and such section shall be applied to weeks of unemployment to which an agreement under section 2105 of such Act applies as if such paragraph had not been enacted. In implementing the preceding sentence, a State may, if necessary, reenter the agreement with the Secretary under section 2105 of such Act, and retroactively pay for the first week of regular compensation without a waiting week consistent with State law (including a waiver of State law) and receive full reimbursement for weeks of unemployment that ended after December 31, 2020.American Rescue Plan Act of 2021
Pub. L. 117–2 § 9014(a) · 135 Stat. 4
Substituted · 15 U.S.C. § 9024(e)(2)
Pub. L. 117–2, § 9014(a), substituted “September 6, 2021” for “March 14, 2021”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 117–2, § 9014(a), substituted “September 6, 2021” for “March 14, 2021”.Enacted provision · exact public law section
(a) In General.— Section 2105(e)(2) of the CARES Act (15 U.S.C. 9024(e)(2)) is amended by striking “March 14, 2021” and inserting “September 6, 2021”.
6 of 6 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 905(g) and section 904(a), referred to in subsec. (d)(1)(A), probably mean sections 905(g) and 904(a) of the Social Security Act. However, section 905(g) probably should be a reference to section 904(g) as there is no subsec. (g) in section 905 of the Act, and section 904(g) establishes the Federal unemployment account. Section 904(a) and (g) is classified to section 1104(a) and (g), respectively, of Title 42, The Public Health and Welfare.
Section 205 of the Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (g), is section 205 of Pub. L. 91–373, which is set out in a note under section 3304 of Title 26, Internal Revenue Code.
Amendments2020–2021 · 2 rounds
2021
Subsec. (c)(3). Pub. L. 117–2, § 9014(b), struck out par. (3). Text read as follows: “With respect to compensation paid to individuals for weeks of unemployment ending after , paragraph (1) shall be applied by substituting ‘50 percent’ for ‘100 percent’.”
Subsec. (e)(2). Pub. L. 117–2, § 9014(a), substituted “” for “”.
2020
Subsec. (c)(1). Pub. L. 116–260, § 204(1)(A), substituted “Except as provided in paragraph (3), there shall be paid” for “There shall be paid” in introductory provisions.
Subsec. (c)(3). Pub. L. 116–260, § 204(1)(B), added par. (3).
Subsec. (e)(2). Pub. L. 116–260, § 204(2), substituted “” for “”.
Statutory Notes and Related Subsidiaries
Full Reimbursement
Pub. L. 117–2, title IX, § 9014(b), , 135 Stat. 119, provided that: “Paragraph (3) of section 2105(c) of such Act (15 U.S.C. 9024(c)) is repealed and such section shall be applied to weeks of unemployment to which an agreement under section 2105 of such Act applies as if such paragraph had not been enacted. In implementing the preceding sentence, a State may, if necessary, reenter the agreement with the Secretary under section 2105 of such Act, and retroactively pay for the first week of regular compensation without a waiting week consistent with State law (including a waiver of State law) and receive full reimbursement for weeks of unemployment that ended after .”