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15 U.S.C. § 9028 — Grants for short-time compensation programs

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 9028 — Grants for short-time compensation programs

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Source file: Laws/federal/codes/united-states-code/title-15/section-9028-grants-for-short-time-compensation-programs--beb8f7ceed.md
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Source location: Title 15, Chapter 116, § 9028; chapter-116-coronavirus-economic-stabilization-cares-act.md

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**(a) Grants** (1) **For implementation or improved administration** — The Secretary shall award grants to States that enact short-time compensation programs (as defined in subsection (i)(2)) for the purpose of implementation or improved administration of such programs. (2) **For promotion and enrollment** — The Secretary shall award grants to States that are eligible and submit plans for a grant under paragraph (1) for such States to promote and enroll employers in short-time compensation programs (as so defined). (3) **Eligibility** (A) *In general* — The Secretary shall determine eligibility criteria for the grants under paragraphs (1) and (2). (B) *Clarification* — A State administering a short-time compensation program that does not meet the definition of a short-time compensation program under [section 3306(v) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3306/v&num=0&edition=prelim), and a State with an agreement under [section 9027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9027&num=0&edition=prelim), shall not be eligible to receive a grant under this section until such time as the State law of the State provides for payments under a short-time compensation program that meets such definition and such law. **(b) Amount of grants** (1) **In general** — The maximum amount available for making grants to a State under paragraphs (1) and (2) shall be equal to the amount obtained by multiplying $100,000,000 (less the amount used by the Secretary under subsection (e)) by the same ratio as would apply under subsection (a)(2)(B) of [section 1103 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1103&num=0&edition=prelim) for purposes of determining such State’s share of any excess amount (as described in subsection (a)(1) of such section) that would have been subject to transfer to State accounts, as of October 1, 2019, under the provisions of subsection (a) of such section. (2) **Amount available for different grants** — Of the maximum incentive payment determined under paragraph (1) with respect to a State— (A) one-third shall be available for a grant under subsection (a)(1); and (B) two-thirds shall be available for a grant under subsection (a)(2). **(c) Grant application and disbursal** (1) **Application** — Any State seeking a grant under paragraph (1) or (2) of subsection (a) shall submit an application to the Secretary at such time, in such manner, and complete with such information as the Secretary may require. In no case may the Secretary award a grant under this section with respect to an application that is submitted after December 31, 2023. (2) **Notice** — The Secretary shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary’s findings with respect to the requirements for a grant under paragraph (1) or (2) (or both) of subsection (a). (3) **Certification** — If the Secretary finds that the State law provisions meet the requirements for a grant under subsection (a), the Secretary shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the grant payment to be transferred to the State account in the Unemployment Trust Fund (as established in [section 1104(a) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1104/a&num=0&edition=prelim)) pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer to the State account within 7 days after receiving such certification. (4) **Requirement** — No certification of compliance with the requirements for a grant under paragraph (1) or (2) of subsection (a) may be made with respect to any State whose— (A) State law is not otherwise eligible for certification under [section 503 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section503&num=0&edition=prelim) or approvable under [section 3304 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3304&num=0&edition=prelim); or (B) short-time compensation program is subject to discontinuation or is not scheduled to take effect within 12 months of the certification. **(d) Use of funds** The amount of any grant awarded under this section shall be used for the implementation of short-time compensation programs and the overall administration of such programs and the promotion and enrollment efforts associated with such programs, such as through— (1) the creation or support of rapid response teams to advise employers about alternatives to layoffs; (2) the provision of education or assistance to employers to enable them to assess the feasibility of participating in short-time compensation programs; and (3) the development or enhancement of systems to automate— (A) the submission and approval of plans; and (B) the filing and approval of new and ongoing short-time compensation claims. **(e) Administration** The Secretary is authorized to use 0.25 percent of the funds available under subsection (g) to provide for outreach and to share best practices with respect to this section and short-time compensation programs. **(f) Recoupment** The Secretary shall establish a process under which the Secretary shall recoup the amount of any grant awarded under paragraph (1) or (2) of subsection (a) if the Secretary determines that, during the 5-year period beginning on the first date that any such grant is awarded to the State, the State— (1) terminated the State’s short-time compensation program; or (2) failed to meet appropriate requirements with respect to such program (as established by the Secretary). **(g) Funding** There are appropriated, out of moneys in the Treasury not otherwise appropriated, to the Secretary, $100,000,000 to carry out this section, to remain available without fiscal year limitation. **(h) Reporting** The Secretary may establish reporting requirements for States receiving a grant under this section in order to provide oversight of grant funds. **(i) Definitions** In this section: (1) **Secretary** — The term “Secretary” means the Secretary of Labor. (2) **Short-time compensation program** — The term “short-time compensation program” has the meaning given such term in [section 3306(v) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3306/v&num=0&edition=prelim). (3) **State; State agency; State law** — The terms “State”, “State agency”, and “State law” have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ([26 U.S.C. 3304](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3304&num=0&edition=prelim) note).

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3304 — Approval of State laws

**(a) Requirements** The Secretary of Labor shall approve any State law submitted to him, within 30 days of such submission, which he finds provides that— (1) all compensation is to be paid through public employment offices or such other agencies as the Secretary of Labor may approve; (2) no compensation shall be payable with respect to any day of unemployment occurring within 2 years after the first day of the first period with respect to which contributions are required; (3) all money received in the unemployment fund shall (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b)) immediately upon such receipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act ([42 U.S.C. 1104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1104&num=0&edition=prelim)); (4) all money withdrawn from the unemployment fund of the State shall be used solely in the payment of unemployment compensation, exclusive of expenses of administration, and for refunds of sums erroneously paid into such fund and refunds paid in accordance with the provisions of section 3305(b); except that— (A) an amount equal to the amount of employee payments into the unemployment fund of a State may be used in the payment of cash benefits to individuals with respect to their disability, exclusive of expenses of administration; (B) the amounts specified by section 903 (c)(2) or 903(d)(4) of the Social Security Act may, subject to the conditions prescribed in such section, be used for expenses incurred by the State for administration of its unemployment compensation law and public employment offices;

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 503 — State laws

**(a) Provisions required** The Secretary of Labor shall make no certification for payment to any State unless he finds that the law of such State, approved by the Secretary of Labor under the Federal Unemployment Tax Act [[26 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3301&num=0&edition=prelim) et seq.], includes provision for— (1) Such methods of administration (including after January 1, 1940, methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary of Labor shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due; and (2) Payment of unemployment compensation solely through public employment offices or such other agencies as the Secretary of Labor may approve; and (3) Opportunity for a fair hearing, before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied; and (4) The payment of all money received in the unemployment fund of such State (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b) of the Federal Unemployment Tax Act [[26 U.S.C. 3305(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3305/b&num=0&edition=prelim)]), immediately upon such receipt, to the Secretary of the Treasury to the credit of the unemployment trust fund 11 So in original. Probably should be “Unemployment Trust Fund”. established by [section 1104 of this title](https://uscode.house.gov/view.xhtml?req

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1103 — Amounts transferred to State accounts

**(a) Determination and certification by Secretary of Labor** (1) If as of the close of any fiscal year after the fiscal year ending June 30, 1972, the amount in the extended unemployment compensation account has reached the limit provided in [section 1105(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1105/b/2&num=0&edition=prelim) and the amount in the Federal unemployment account has reached the limit provided in [section 1102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1102/a&num=0&edition=prelim) and all advances and interest pursuant to [section 1105(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1105/d&num=0&edition=prelim) and [section 1323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1323&num=0&edition=prelim) have been repaid, and there remains in the employment security administration account any amount over the amount provided in [section 1101(f)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1101/f/3/A&num=0&edition=prelim), such excess amount, except as provided in subsection (b), shall be transferred (as of the beginning of the succeeding fiscal year) to the accounts of the States in the Unemployment Trust Fund. (2) Each State’s share of the funds to be transferred under this subsection as of any October 1— (A) shall be determined by the Secretary of Labor and certified by such Secretary to the Secretary of the Treasury before such date, and (B) shall bear the same ratio to the total amount to be so transferred as— (i) the amount of wages subject to tax under section 3301 of the Internal Revenue Code of

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 9027 — Temporary financing of short-time compensation agreements

**(a) Federal-State agreements** (1) **In general** — Any State which desires to do so may enter into, and participate in, an agreement under this section with the Secretary provided that such State’s law does not provide for the payment of short-time compensation under a short-time compensation program (as defined in [section 3306(v) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3306/v&num=0&edition=prelim)). (2) **Ability to terminate** — 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) Provisions of Federal-State agreement** (1) **In general** — Any agreement under this section shall provide that the State agency of the State will make payments of short-time compensation under a plan approved by the State. Such plan shall provide that payments are made in accordance with the requirements under [section 3306(v) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3306/v&num=0&edition=prelim). (2) **Limitations on plans** (A) *General payment limitations* — A short-time compensation plan approved by a State shall not permit the payment of short-time compensation to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for a week of total unemployment. (B) *Employer limitations* — A short-time compensation plan approved by a State shall not provide payments to an individual if such individual is employed by the participating employer on a seasonal, temporary, or intermittent basis. (3) **Employer payment of costs** — Any short-time compensation

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 9028 — Grants for short-time compensation pro-

Page 2515 TITLE 15—COMMERCE AND TRADE § 9028 providing for the payment of short-time com- pensation under a short-time compensation pro- gram that meets the definition of such a pro- gram under section 3306(v) of title 26, the State— (1) shall not be eligible for payments under this section for weeks of unemployment begin- ning after the effective date of such State law; and (2) subject to section 9026(b)(2) of this title, shall be eligible to receive payments under section 9026 of this title after the effective date of such State law. (f) Definitions In this section: (1) Secretary The term ‘‘Secretary’’ means the Secretary of Labor. (2) State; State agency; State law The terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ have the meanings given those terms in section 205 of the Federal-State Ex- tended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). (Pub. L. 116–136, div. A, title II, § 2109, Mar. 27, 2020, 134 Stat. 329; Pub. L. 116–260, div. N, title II, § 208, Dec. 27, 2020, 134 Stat. 1956; Pub. L. 117–2, title IX, § 9018, Mar. 11, 2021, 135 Stat. 120.) Editorial Notes REFERENCES IN TEXT Section 205 of the Federal-State Extended Unemploy- ment Compensation Act of 1970, referred to in subsec. (f)(2), is section 205 of Pub. L. 91–373, which is set out in a note under section 3304 of Title 26, Internal Rev- enue Code. AMENDMENTS 2021—Subsec. (d)(2). Pub. L. 117–2 substituted ‘‘Sep- tember 6, 2021’’ for ‘‘March 14, 2021’’. 2020—Subsec. (d)(2). Pub. L. 116–260 substituted ‘‘March 14, 2021’’ for ‘‘December 31, 2020’’. § 9028. Grants for short-time compensation pro- grams (a) Grants (1) For implementation or improved adminis- tration The Secretary shall award grants to States that enact short-time compensation programs (as

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 9028

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3304 — Approval of State laws

Page 2773 TITLE 26—INTERNAL REVENUE CODE § 3304 ‘‘(3) such organization made such an election before the earlier of— ‘‘(A) the date 18 months after such election was first available to it under the State law, or ‘‘(B) January 1, 1984, then [former] section 3303(f) of such Code shall be ap- plied with respect to such organization as if it did not contain the requirement that the election be made be- fore April 1, 1972, and by substituting ‘January 1, 1982’ for ‘January 1, 1969’.’’ § 3304. Approval of State laws (a) Requirements The Secretary of Labor shall approve any State law submitted to him, within 30 days of such submission, which he finds provides that— (1) all compensation is to be paid through public employment offices or such other agen- cies as the Secretary of Labor may approve; (2) no compensation shall be payable with respect to any day of unemployment occurring within 2 years after the first day of the first period with respect to which contributions are required; (3) all money received in the unemployment fund shall (except for refunds of sums erro- neously paid into such fund and except for re- funds paid in accordance with the provisions of section 3305(b)) immediately upon such re- ceipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act (42 U.S.C. 1104); (4) all money withdrawn from the unemploy- ment fund of the State shall be used solely in the payment of unemployment compensation, exclusive of expenses of administration, and for refunds of sums erroneously paid into such fund and refunds paid in accordance with the provisions of section 3305(b); except that— (A) an amount equal to the amount of em- ployee payments into the unempl

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 3304

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