# § 9132. Payroll support program
**(a)** **In General** September 30, 2023
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 , 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** April 1, 2020
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 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** 26 U.S.C. 3111section 9073 of this titlesection 636(a)(36) of this title
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 ( note) for the immediately preceding calendar quarter ending before such agreement is entered into, who received financial assistance under , or who is currently expending financial assistance under the paycheck protection program established under , 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.
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**Source Credit**: (Pub. L. 117–2, title VII, § 7202, Mar. 11, 2021, 135 Stat. 103.)
## Editorial Notes
### References in Text
Section 2301 of the CARES Act, referred to in subsec. (c), is , which is set out as a note under , 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.