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Title 15 — Commerce and Trade

Chapter 116 — Coronavirus Economic Stabilization (cares Act)

§ 9027. Temporary financing of short-time compensation agreements

Statutory text

(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).

(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.

(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 plan entered into by an employer must provide that the employer will pay the State an amount equal to one-half of the amount of short-time compensation paid under such plan. Such amount shall be deposited in the State’s unemployment 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 Secretary’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 carrying out this section.

(4)

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.

(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 .

(e)

Special rule

If a State has entered into an agreement under this section and subsequently enacts a State law providing for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of title 26, the State—

(1)

shall not be eligible for payments under this section for weeks of unemployment beginning 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 Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

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.

  1. Relief for Workers Affected by Coronavirus Act

    Pub. L. 116–136 div. A title II § 2109 · 134 Stat. 281

    Enacted · 15 U.S.C. § 9027

    Pub. L. 116–136, div. A, title II, § 2109, Mar. 27, 2020, 134 Stat. 329

    Source evidence

    Code source credit
    Pub. L. 116–136, div. A, title II, § 2109, Mar. 27, 2020, 134 Stat. 329

    Enacted provision · exact public law section
    SEC. 2109. 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 the Internal Revenue Code of 1986). (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 the Internal Revenue Code of 1986. (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 plan entered into by an employer must provide that the employer will pay the State an amount equal to one-half of the amount of short-time compensation paid under such plan. Such amount shall be deposited in the State’s unemployment fund and shall not be used for purposes of calculating an employer’s contribution rate under section 3303(a)(1) of the Internal Revenue Code of 1986. (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 Secretary’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 carrying out this section. (4) 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. (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 December 31, 2020. (e) Special Rule.— If a State has entered into an agreement under this section and subsequently enacts a State law providing for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of the Internal Revenue Code of 1986, the State— (1) shall not be eligible for payments under this section for weeks of unemployment beginning after the effective date of such State law; and (2) subject to section 2108(b)(2), shall be eligible to receive payments under section 2108 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 Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

  2. Department of Justice Appropriations Act, 2021

    Pub. L. 116–260 div. N title II § 208 · 134 Stat. 1182

    Substituted · 15 U.S.C. § 9027(d)(2)

    Pub. L. 116–260 substituted “March 14, 2021” for “December 31, 2020”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 116–260 substituted “March 14, 2021” for “December 31, 2020”.

    Enacted provision · exact public law section
    Sec. 208. None Certification. of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice.

  3. American Rescue Plan Act of 2021

    Pub. L. 117–2 title IX § 9018 · 135 Stat. 4

    Substituted · 15 U.S.C. § 9027(d)(2)

    Pub. L. 117–2 substituted “September 6, 2021” for “March 14, 2021”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 117–2 substituted “September 6, 2021” for “March 14, 2021”.

    Enacted provision · exact public law section
    SEC. 9018. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION AGREEMENTS FOR STATES WITHOUT PROGRAMS IN LAW.   Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2)) is amended by striking “March 14, 2021” and inserting “September 6, 2021”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 205 of the Federal-State Extended Unemployment 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 Revenue Code.

Amendments2020–2021 · 2 rounds

2021

Subsec. (d)(2). Pub. L. 117–2 substituted “” for “”.

2020

Subsec. (d)(2). Pub. L. 116–260 substituted “” for “”.

Credits

2020–2021 · 3 acts
  1. 2020Pub. L. 116–136, div. A, title II, § 2109, , 134 Stat. 329
  2. 2020Pub. L. 116–260, div. N, title II, § 208, , 134 Stat. 1956
  3. 2021Pub. L. 117–2, title IX, § 9018, , 135 Stat. 120.
Show as published

(Pub. L. 116–136, div. A, title II, § 2109, , 134 Stat. 329; Pub. L. 116–260, div. N, title II, § 208, , 134 Stat. 1956; Pub. L. 117–2, title IX, § 9018, , 135 Stat. 120.)

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