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

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

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

Page 2514 TITLE 15—COMMERCE AND TRADE § 9027 ment to each State the sums payable to such State under this section. (e) 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, § 2108, Mar. 27, 2020, 134 Stat. 328; Pub. L. 116–260, div. N, title II, § 207, Dec. 27, 2020, 134 Stat. 1956; Pub. L. 117–2, title IX, § 9017, 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. (e)(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. CODIFICATION Section is comprised of section 2108 of Pub. L. 116–136. Subsec. (f) of section 2108 of Pub. L. 116–136 amended section 3306 of Title 26, Internal Revenue Code. AMENDMENTS 2021—Subsec. (b)(2). Pub. L. 117–2 substituted ‘‘Sep- tember 6, 2021’’ for ‘‘March 14, 2021’’. 2020—Subsec. (b)(2). Pub. L. 116–260 substituted ‘‘March 14, 2021’’ for ‘‘December 31, 2020’’. § 9027. Temporary financing of short-time com- pensation 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 pay- ment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of title 26). (2) Ability to terminate Any State which is a pa

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Page 2514 TITLE 15—COMMERCE AND TRADE § 9027 ment to each State the sums payable to such State under this section. (e) 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, § 2108, Mar. 27, 2020, 134 Stat. 328; Pub. L. 116–260, div. N, title II, § 207, Dec. 27, 2020, 134 Stat. 1956; Pub. L. 117–2, title IX, § 9017, 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. (e)(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. CODIFICATION Section is comprised of section 2108 of Pub. L. 116–136. Subsec. (f) of section 2108 of Pub. L. 116–136 amended section 3306 of Title 26, Internal Revenue Code. AMENDMENTS 2021—Subsec. (b)(2). Pub. L. 117–2 substituted ‘‘Sep- tember 6, 2021’’ for ‘‘March 14, 2021’’. 2020—Subsec. (b)(2). Pub. L. 116–260 substituted ‘‘March 14, 2021’’ for ‘‘December 31, 2020’’. § 9027. Temporary financing of short-time com- pensation 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 pay- ment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of title 26). (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, termi- nate such agreement. (b) Provisions of Federal-State agreement (1) In general Any agreement under this section shall pro- vide 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 ac- cordance with the requirements under section 3306(v) of title 26. (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 compensa- tion (including dependents’ allowances) under the State law payable to such indi- vidual 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 plan entered into by an employer must provide that the em- ployer will pay the State an amount equal to one-half of the amount of short-time com- pensation paid under such plan. Such amount shall be deposited in the State’s unemploy- ment fund and shall not be used for purposes of calculating an employer’s contribution rate under section 3303(a)(1) of title 26. (c) Payments to States (1) In general There shall be paid to each State with an agreement under this section an amount equal to— (A) one-half of the amount of short-time compensation paid to individuals by the State pursuant to such agreement; and (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary). (2) Terms of payments Payments made to a State under paragraph (1) shall be payable by way of reimbursement 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 the Sec- retary’s 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. (3) Funding There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of car- rying out this section. (4) Certifications The Secretary shall from time to time cer- tify to the Secretary of the Treasury for pay- ment to each State the sums payable to such State under this section. (d) Applicability An agreement entered into under this section shall apply to weeks of unemployment— (1) beginning on or after the date on which such agreement is entered into; and (2) ending on or before September 6, 2021. (e) Special rule If a State has entered into an agreement under this section and subsequently enacts a State law 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 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 compensa- tion 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 com- pensation program that does not meet the definition of a short-time compensation pro- gram under section 3306(v) of title 26, and a State with an agreement under section 9027 of this title, shall not be eligible to receive a grant under this section until such time as the State law of the State provides for pay- ments under a short-time compensation pro- gram 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 mul- tiplying $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 for purposes of determining such State’s share of any ex- cess 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 deter- mined 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 ap- plication to the Secretary at such time, in such manner, and complete with such informa- tion 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 re- ceiving 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 pro- visions 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) pursu- ant to that finding. The Secretary of the Treasury shall make the appropriate transfer to the State account within 7 days after re- ceiving such certification. (4) Requirement No certification of compliance with the re- quirements for a grant under paragraph (1) or

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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

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

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

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