Page:United States Statutes at Large Volume 123.djvu/462

 123STA T .4 42 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (4) ( A )A nySta t es ee ki n g an in c enti v e p ay m ent u n d e r t h is su b secti o n sha l l submit an application there f or at such time , in such manner, and complete w ith such information as the Secretary of L abor may within 60 days after the date of the enactment of this subsection prescribe (whether by regulation or otherwise), including information relating to compliance with the re q uirements of paragraph ( 2 )or( 3 ), as well as how the State intends to use the incentive payment to improve or strengthen the State ’ s unemployment compensation program .T he Secretary of Labor shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary’s findings with respect to the requirements of paragraph (2) or (3) (or both). ‘‘( B )(i) I f the Secretary of Labor finds that the State law provi - sions (disregarding any State law provisions which are not then currently in effect as permanent law or which are sub j ect to dis- continuation) meet the requirements of paragraph (2) or (3), as the case may be, the Secretary of Labor shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the incentive payment to be transferred to the State account pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer within 7 days after receiving such certification. ‘‘(ii) F or purposes of clause (i), State law provisions which are to take effect within 1 2 months after the date of their certifi- cation under this subparagraph shall be considered to be in effect as of the date of such certification. ‘‘( C )(i) N o certification of compliance with the requirements of paragraph (2) or (3) may be made with respect to any State whose State law is not otherwise eligible for certification under section 303 or approvable under section 3304 of the Federal U nemployment Ta x Act. ‘‘(ii) No certification of compliance with the requirements of paragraph (3) may be made with respect to any State whose State law is not in compliance with the requirements of paragraph (2). ‘‘(iii) No application under subparagraph (A) may be considered if submitted before the date of the enactment of this subsection or after the latest date necessary (as specified by the Secretary of Labor) to ensure that all incentive payments under this sub- section are made before O ctober 1, 2011. ‘‘( 5 )(A) E xcept as provided in subparagraph (B), any amount transferred to the account of a State under this subsection may be used by such State only in the payment of cash benefits to individuals with respect to their unemployment (including for dependents’ allowances and for unemployment compensation under paragraph (3)(C)), exclusive of expenses of administration. ‘‘(B) A State may, subject to the same conditions as set forth in subsection (c)(2) (excluding subparagraph (B) thereof, and deeming the reference to ‘subsections (a) and (b)’ in subparagraph ( D ) thereof to include this subsection), use any amount transferred to the account of such State under this subsection for the adminis- tration of its unemployment compensation law and public employ- ment offices. ‘‘(6) Out of any money in the Federal unemployment account not otherwise appropriated, the Secretary of the Treasury shall reserve $ 7,000,000,000 for incentive payments under this sub- section. Any amount so reserved shall not be taken into account for purposes of any determination under section 9 02, 910, or 1203 Deadlin e .Ef fe ct i v e date. Deadline. C e r tificati o n s . Deadline. N otification. Ap plication. Deadline.