15 U.S.C. § 9132: Payroll support program

§9132 Payroll Support Program

Title 15 › CHAPTER 116 — CORONAVIRUS ECONOMIC STABILIZATION (CARES ACT) › SUBCHAPTER III — ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED SECTORS OF THE UNITED STATES ECONOMY › Part F — Aviation Manufacturing Jobs Protection › § 9132

Last updated Sep 22, 2026|Official source

Summary

Creates a payroll support program funded with $3,000,000,000 for fiscal year 2021, available until September 30, 2023. Up to 1% of the money can pay setup and admin costs. The Secretary will make agreements with qualifying employers to give public money that supplements pay for a group of employees. Agreements can last up to 6 months. Employers must use the funds only to keep wages, salaries, and benefits at the same total level as of April 1, 2020, and to help keep, rehire, or recall workers; the funds cannot pay back pay for returning employees. Employers cannot get money if they took the CARES Act section 2301 credit for the prior calendar quarter, got help under section 9073, or are using the paycheck protection program under section 636(a)(36) when they apply. If there isn’t enough money, payments will be cut proportionally. No new agreements can be made after the 6‑month period that starts on the effective date of the first agreement.

Title 15, §9132

Commerce and Trade, Source: USLM XML via OLRC

(a)In General

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)Eligibility

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)Ineligibility

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)Reductions

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)Agreement Deadline

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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.