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 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 Page 2516 TITLE 15—COMMERCE AND TRADE § 9029 (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 or approvable under section 3304 of title 26; or (B) short-time compensation program is subject to discontinuation or is not sched- uled 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 fea- sibility of participating in short-time com- pensation programs; and (3) the development or enhancement of sys- tems to automate— (A) the submission and approval of plans; and (B) the filing and approval of new and on- going 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 com- pensation 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 com- pensation 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 limita- tion. (h) Reporting The Secretary may establish reporting re- quirements 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 pro- gram’’ has the meaning given such term in section 3306(v) of title 26. (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 Ex- tended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). (Pub. L. 116–136, div. A, title II, § 2110, Mar. 27, 2020, 134 Stat. 331.) Editorial Notes REFERENCES IN TEXT Section 205 of the Federal-State Extended Unemploy- ment Compensation Act of 1970, referred to in subsec. (i)(3), 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. § 9029. Assistance and guidance in implementing programs (a) In general In order to assist States in establishing, quali- fying, and implementing short-time compensa- tion programs (as defined in section 3306(v) of title 26), the Secretary of Labor (in this section referred to as the ‘‘Secretary’’) shall— (1) develop model legislative language, or disseminate existing model legislative lan- guage, which may be used by States in devel- oping and enacting such programs, and peri- odically review and revise such model legisla- tive language; (2) provide technical assistance and guidance in developing, enacting, and implementing such programs; and (3) establish reporting requirements for States, including reporting on— (A) the number of estimated averted lay- offs; (B) the number of participating employers and workers; and (C) such other items as the Secretary of Labor determines are appropriate. (b) Model language and guidance The model language and guidance developed under subsection (a) shall allow sufficient flexi- bility by States and participating employers while ensuring accountability and program in- tegrity. (c) Consultation In developing the model legislative language and guidance under subsection (a), and in order to meet the requirements of subsection (b), the Secretary shall consult with employers, labor organizations, State workforce agencies, and other program experts. Existing model legisla- tive language that has been developed through such a consultative process shall be deemed to meet the consultation requirement of this sub- section. (Pub. L. 116–136, div. A, title II, § 2111, Mar. 27, 2020, 134 Stat. 333.) Editorial Notes CODIFICATION Section is comprised of section 2111 of Pub. L. 116–136. Subsec. (d) of section 2111 of Pub. L. 116–136 repealed provisions formerly set out as a note under section 3306 of Title 26, Internal Revenue Code.