,,ii #aafth ,,congress #b;d ,session ,s4 #cdif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ab1 #bjbj,mr4 ,reed 7for himself1 ,mr4 ,whitehouse1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide for ,federal financing of short-time compensation programs during public health emergencies4 #a4 ,short title2 table of contents 7a7 ,in general ,this ,act may be cited as the ,preventing ,layoffs ,during a ,public ,health ,emergency ,act of #bjbj4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,federal financing of short-time compensation payments during a public health emergency in ,states with programs in law4,sec4 #c4 ,temporary ,federal financing of short-time compensation agreements during a public health emergency4,sec4 #d4 ,assistance and guidance in implementing short-time compensation programs4 #b4 ,federal financing of short-time compensation payments during a public health emergency in ,states with programs in law 7a7 ,payments to ,states 7#a7 ,in general ,subject to paragraph 7#c7 and subsections 7b7 and 7c71 there shall be paid to a ,state an amount equal to #ajj percent of the amount of short-time compensation paid under a short-time compensation program 7as defined in section #ccjf7v7 of the ,internal ,revenue ,code of #aihf7 under the provisions of the ,state law in any area of the ,state for which a public health emergency has been declared4 7#b7 ,terms of payments ,payments made to a ,state under paragraph 7#a7 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 month1 reduced or increased1 as the case may be1 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 ,state4 ,such estimates may be made on the basis of such statistical1 sampling1 or other method as may be agreed upon by the ,secretary and the ,state agency of the ,state involved4 7#c7 ,limitations on payments 7,a7 ,general payment limitations ,no payments shall be made to a ,state under this section for short-time compensation paid to an individual by the ,state during a benefit year in excess of #bf times the amount of regular compensation 7including dependents' allowances7 under the ,state law payable to such individual for a week of total unemployment4 7,b7 ,employer limitations ,no payments shall be made to a ,state under this section for benefits paid to an individual by the ,state under a short-time compensation program if such individual is employed by the participating employer on a seasonal1 temporary1 or intermittent basis4 7b7 ,applicability during a public health emergency and for #a year after the end of such emergency ,payments to a ,state under subsection 7a7 shall be available1 with respect to an area1 for weeks of unemployment-- 7#a7 beginning on or after the date of the declaration of a public health emergency for the area 7but in no case earlier than the date of the enactment of this ,act72 and 7#b7 ending on or before the date that is #a year after the date of the termination of such declaration for such area4 7c7 ,new programs ,subject to subsection 7b71 if at any point after the date of enactment of this ,act a ,state 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 #ccjf7v7 of the ,internal ,revenue ,code of #aihf1 the ,state shall be eligible for payments under this section after the effective date of such enactment4 7d7 ,funding and certifications 7#a7 ,funding ,there are appropriated1 out of moneys in the ,treasury not otherwise appropriated1 such sums as may be necessary for purposes of carrying out this section4 7#b7 ,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 section4 7e7 ,definitions ,in this section3 7#a7 ,public health emergency ,the term public health emergency means a public health emergency declared for an area by-- 7,a7 the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 or 7,b7 a ,state public health official with the authority to declare such an emergency for the area4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#c7 ,state2 ,state agency2 ,state law ,the terms ,state1 ,state agency1 and ,state law have the meanings given those terms in section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74 7f7 ,technical correction to definition ,section #ccjf7v77#f7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #ccjf7 is amended by striking ,workforce ,investment ,act of #aiih and inserting ,workforce ,innovation and ,opportunity ,act4 #c4 ,temporary ,federal financing of short-time compensation agreements during a public health emergency 7a7 ,federal-,state agreements 7#a7 ,in general ,any ,state which desires to do so may enter into1 and participate in1 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 7as defined in section #ccjf7v7 of the ,internal ,revenue ,code of #aihf74 7#b7 ,ability to terminate ,any ,state which is a party to an agreement under this section may1 upon providing #cj days' written notice to the ,secretary1 terminate such agreement4 7b7 ,provisions of ,federal-,state agreement 7#a7 ,in general ,subject to paragraph 7#b7 and subsections 7d7 and 7e71 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 in any area of the ,state for which a public health emergency has been declared4 ,such plan shall provide that payments are made in accordance with the requirements under section #ccjf7v7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,limitations on plans 7,a7 ,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 #bf times the amount of regular compensation 7including dependents' allowances7 under the ,state law payable to such individual for a week of total unemployment4 7,b7 ,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 seasonal1 temporary1 or intermittent basis4 7#c7 ,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 plan4 ,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 #ccjc7;a77#a7 of the ,internal ,revenue ,code of #aihf4 7c7 ,payments to ,states 7#a7 ,in general ,there shall be paid to each ,state with an agreement under this section an amount equal to-- 7,a7 one-half of the amount of short-time compensation paid to individuals by the ,state pursuant to such agreement2 and 7,b7 any additional administrative expenses incurred by the ,state by reason of such agreement 7as determined by the ,secretary74 7#b7 ,terms of payments ,payments made to a ,state under paragraph 7#a7 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 month1 reduced or increased1 as the case may be1 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 ,state4 ,such estimates may be made on the basis of such statistical1 sampling1 or other method as may be agreed upon by the ,secretary and the ,state agency of the ,state involved4 7#c7 ,funding ,there are appropriated1 out of moneys in the ,treasury not otherwise appropriated1 such sums as may be necessary for purposes of carrying out this section4 7#d7 ,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 section4 7d7 ,applicability during a public health emergency and for #a year after the end of such emergency 7#a7 ,in general ,subject to paragraph 7#b71 after an agreement is entered into under this section1 such agreement shall apply1 with respect to an area1 to weeks of unemployment-- 7,a7 beginning on or after the date of the declaration of a public health emergency for the area2 and 7,b7 ending on or before the date that is #a year after the date of the termination of such declaration for such area4 7#b7 ,termination ,no payments shall be made under an agreement under this section for weeks of unemployment beginning on or after the date that is #b years after the date of enactment of this ,act4 7e7 ,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 #ccjf7v7 of the ,internal ,revenue ,code of #aihf1 the ,state-- 7#a7 shall not be eligible for payments under this section for weeks of unemployment beginning after the effective date of such ,state law2 and 7#b7 shall be eligible to receive payments under the provisions of section #b after the effective date of such ,state law4 7f7 ,definitions ,in this section3 7#a7 ,public health emergency ,the term public health emergency means a public health emergency declared for an area by-- 7,a7 the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 or 7,b7 a ,state public health official with the authority to declare such an emergency for the area4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#c7 ,state2 ,state agency2 ,state law ,the terms ,state1 ,state agency1 and ,state law have the meanings given those terms in section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74 #d4 ,assistance and guidance in implementing short-time compensation programs 7a7 ,in general ,in order to assist ,states in establishing1 qualifying1 and implementing short-time compensation programs 7as defined in section #ccjf7v7 of the ,internal ,revenue ,code of #aihf71 the ,secretary of ,labor 7in this section referred to as the ,secretary7 shall-- 7#a7 develop model legislative language which may be used by ,states in developing and enacting such programs and periodically review and revise such model legislative language2 7#b7 provide technical assistance and guidance in developing1 enacting1 and implementing such programs2 and 7#c7 establish reporting requirements for ,states1 including reporting on-- 7,a7 the number of estimated averted layoffs2 7,b7 the number of participating employers and workers2 and 7,c7 such other items as the ,secretary of ,labor determines are appropriate4 7b7 ,model language and guidance ,the model language and guidance developed under subsection 7a7 shall allow sufficient flexibility by ,states and participating employers while ensuring accountability and program integrity4 7c7 ,consultation ,in developing the model legislative language and guidance under subsection 7a71 and in order to meet the requirements of subsection 7b71 the ,secretary shall consult with employers1 labor organizations1 ,state workforce agencies1 and other program experts4