§9132 — Title 15 Commerce and Trade | U.S. Code

Summary

The Secretary must set up a payroll support program and make agreements with eligible employers so the government can help pay workers. Congress provided $3,000,000,000 for fiscal year 2021, available until September 30, 2023, and up to 1 percent of that can be used for running the program. Each agreement can last no more than 6 months. Employers must use the money only to keep wages, salaries, and benefits at the same total level the eligible worker group had on April 1, 2020, and to help keep, rehire, or recall employees. The money cannot be used for back pay for returning workers. Employers who claimed the CARES Act retention credit for the calendar quarter immediately before they apply, who got help under section 9073, or who are using a Paycheck Protection Program loan when they apply cannot get these payments. If there is not enough money to give everyone the planned help, the Secretary must cut assistance for all recipients by the same percentage. No new agreements can be made after the six-month period that starts when the first agreement becomes effective.

Title 15, §9132

Commerce and Trade — Source: USLM XML via OLRC

(a)The Secretary shall establish a payroll support program and enter into agreements with employers who meet the eligibility criteria specified in subsection (b) and are not ineligible under subsection (c), to provide public contributions to supplement compensation of an eligible employee group. There is appropriated for fiscal year 2021, out of amounts in the Treasury not otherwise appropriated, $3,000,000,000, to remain available until September 30, 2023, for the Secretary to carry out the payroll support program authorized under the preceding sentence for which 1 percent of the funds may be used for implementation costs and administrative expenses.

(b)The Secretary shall enter into an agreement and provide public contributions, for a term no longer than 6 months, solely with an employer that agrees to use the funds received under an agreement exclusively for the continuation of employee wages, salaries, and benefits, to maintain the total compensation level for the eligible employee group as of April 1, 2020 for the duration of the agreement, and to facilitate the retention, rehire, or recall of employees of the employer, except that such funds may not be used for back pay of returning rehired or recalled employees.

(c)The Secretary may not enter into any agreement under this section with an employer who was allowed a credit under section 2301 of the CARES Act (26 U.S.C. 3111 note) for the immediately preceding calendar quarter ending before such agreement is entered into, who received financial assistance under section 9073 of this title, or who is currently expending financial assistance under the paycheck protection program established under section 636(a)(36) of this title, as of the date the employer submits an application under the payroll support program established under subsection (a).

(d)To address any shortfall in assistance that would otherwise be provided under this part, the Secretary shall reduce, on a pro rata basis, the financial assistance provided under this part.

(e)No agreement may be entered into by the Secretary under the payroll support program established under subsection (a) after the last day of the 6 month period that begins on the effective date of the first agreement entered into under such program.

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section 2301 of the CARES Act, referred to in subsec. (c), is section 2301 of Pub. L. 116–136, which is set out as a note under section 3111 of Title 26, Internal Revenue Code. Codification Section was enacted as part of the American Rescue Plan Act of 2021, and not as part of the CARES Act which in part comprises this chapter.

§9132 Payroll Support Program

Summary

Title 15, §9132

Notes & Related Subsidiaries

Editorial Notes

References in Text

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