§ 1321. Eligibility requirements for transfer of funds; reimbursement by State; application; certification; limitation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Aug. 14, 1935, ch. 531, title XII, § 1201, as added Oct. 3, 1944, ch. 480, title IV, § 402, 58 Stat. 790 · 58 Stat. 790

   Enacted · 42 U.S.C. § 1321

   Aug. 14, 1935, ch. 531, title XII, § 1201, as added Oct. 3, 1944, ch. 480, title IV, § 402, 58 Stat. 790

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title XII, § 1201, as added Oct. 3, 1944, ch. 480, title IV, § 402, 58 Stat. 790

2. 1947

   Public Law not identified

   1. Substituted · 42 U.S.C. § 1321(a)

      Subsec. (a). Act Aug. 6, 1947, substituted “June 30, 1947” for “June 30, 1945”

   2. Substituted · 42 U.S.C. § 1321(a)

      Subsec. (a). Act Aug. 6, 1947, substituted “January 1, 1950” for “July 1, 1947”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 6, 1947, substituted “June 30, 1947” for “June 30, 1945” and “January 1, 1950” for “July 1, 1947”.

3. 1950

   Public Law not identified

   Substituted · 42 U.S.C. § 1321(a)

   Subsec. (a). Act Aug. 28, 1950, substituted “January 1, 1952” for “January 1, 1950”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 28, 1950, substituted “January 1, 1952” for “January 1, 1950”.

4. 1960

   Social Security Amendments of 1960

   Pub. L. 86–778 title V § 522(a) · 74 Stat. 924

   1. Amended · 42 U.S.C. § 1321(a)

      Pub. L. 86–778 amended subsec. (a) generally

   2. Substituted · 42 U.S.C. § 1321(a)

      Pub. L. 86–778 substituting provisions relating to advances on a monthly basis upon application of the Governor and the furnishing of an estimate of amount of requisite advance and determination and certification by the Secretary of Labor of the requisite amount limited to a sum which is available in the Federal unemployment account for advances for the month for former provisions relating to advances on a quarterly basis upon application of the Governor for a specified amount not to exceed the highest total compensation paid out under the unemployment compensation law of the State during any one of the four calendar quarters preceding the quarter in which the application is made, where the balance in the unemployment fund of the State in the Unemployment Trust Fund at the close of Sept. 30, 1953, or the last day in any ensuing calendar quarter is less than the total compensation paid out under the unemployment compensation law of the State during the twelve-month period at the close of such day; incorporating former provisions of subsec. (b), relating to repayment of advances, in par. (1)

   3. Inserted · 42 U.S.C. § 1321(a)

      Pub. L. 86–778 inserting provision for repayment under section 1103(b)(2) of this title, and provisions formerly designated as cl. (A) and (B) in par. (3)(A) and (C);

   4. Added · 42 U.S.C. § 1321(a)

      Pub. L. 86–778 adding par. (3)(B)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–778 amended subsec. (a) generally, substituting provisions relating to advances on a monthly basis upon application of the Governor and the furnishing of an estimate of amount of requisite advance and determination and certification by the Secretary of Labor of the requisite amount limited to a sum which is available in the Federal unemployment account for advances for the month for former provisions relating to advances on a quarterly basis upon application of the Governor for a specified amount not to exceed the highest total compensation paid out under the unemployment compensation law of the State during any one of the four calendar quarters preceding the quarter in which the application is made, where the balance in the unemployment fund of the State in the Unemployment Trust Fund at the close of Sept. 30, 1953, or the last day in any ensuing calendar quarter is less than the total compensation paid out under the unemployment compensation law of the State during the twelve-month period at the close of such day; incorporating former provisions of subsec. (b), relating to repayment of advances, in par. (1), inserting provision for repayment under section 1103(b)(2) of this title, and provisions formerly designated as cl. (A) and (B) in par. (3)(A) and (C); and adding par. (3)(B).

   Enacted provision · exact public law section
   (a) Title XII of the Social Security Act (42 U.S.C., sec. 1321 and following) is amended to read as follows: “TITLE XII— ADVANCES TO STATE UNEMPLOYMENT FUNDS “Sec. 1201. “advances to state unemployment funds (a) (1) Advances shall be made to the States from the Federal unemployment account in the Unemployment Trust Fund as provided in this section, and shall lie repayable, without interest, in Ante, pp. 972, 975. the manner provided in sections 901(d)(1), 903(b)(2), and 1202. An advance to a State for the payment or compensation in any month may be made if— “(A) the Governor of the State applies therefor no earlier than the first day of the preceding month, and “(B) he furnishes to the Secretary of Labor his estimate of the amount of an advance which will be required by the State for the payment of compensation in such month. “(2) In the case of any application for an advance under this section to any State for any month, the Secretary of Labor shall— “(A) determine the amount (if any) which he finds will be required by such State for the payment of compensation in such month, and “(B) certify to the Secretary of the Treasury the amount (not greater than the amount estimated by the Governor of the State) determined under subparagraph (A). The aggregate of the amounts certified by the Secretary of Labor with respect to any month shall not exceed the amount which the Secretary of the Treasury reports to the Secretary of Labor is available in the Federal unemployment account for advances with respect to such month. “(3) For purposes of this subsection— “(A) an application for an advance shall be made on such forms, and shall contain such information and data (fiscal and otherwise) concerning the operation and administration of the State unemployment compensation law, as the Secretary of Labor deems necessary or relevant to the performance of his duties under this title, “(B) the amount required by any State for the payment of compensation in any month shall be determined with due allowance for contingencies and taking into account all other amounts that will be available in the State’s unemployment fund for the payment of compensation in such month, and “(C) the term ‘compensation’ means cash benefits payable to individuals with respect to their unemployment, exclusive of expenses of administration. “(b) The Secretary of the Treasury shall, prior to audit or settlement by the General Accounting Office, transfer from the Federal unemployment account to the account of the State in the Unemployment Trust Fund the amount certified under subsection (a) by the Secretary of Labor (but not exceeding that portion of the balance in the Federal unemployment account at the time of the transfer which is not restricted as to use pursuant to section 903(b)(1)). Ante, p. 975. “Sec. 1202. “repayment by states of advances to state unemployment funds The Governor of any State may at any time request that funds be transferred from the account of such State to the Federal unemployment account in repayment of part or all of that balance of advances, made to such State under section 1201, specified in the request. The Secretary of Labor shall certify to the Secretary of the Treasury the amount and balance specified in the request; and the Secretary of the Treasury shall promptly transfer such amount in reduction of such balance. “Sec. 1203. “advances to federal unemployment account There are hereby authorized to be appropriated to the Federal unemployment account, as repayable advances (without interest), such sums as may be necessary to carry out the purposes of this title. Whenever, after the application of section 901(f)(3) with Ante, p. 973. respect to the excess in the employment security administration account as of the close of any fiscal year, there remains any portion of such excess, so much of such remainder as does not exceed the balance of advances made pursuant to this section shall be transferred to the general fund of the Treasury and shall be credited against, and shall operate to reduce, such balance of advances. “Sec. 1204. “definition of governor When used in this title, the term ‘Governor’ includes the Commissioners of the District of Columbia.”

5. 1960

   Social Security Amendments of 1960

   Pub. L. 86–778 title V § 522(a) · 74 Stat. 924

   1. Amended · 42 U.S.C. § 1321(b)

      Pub. L. 86–778 amended subsec. (b) generally

   2. Struck · 42 U.S.C. § 1321(b)

      Pub. L. 86–778 striking out provision for repayment of advances which is now incorporated in subsec. (a)(1) in the reference to repayment under sections 1101(d)(1) and 1322 of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 86–778 amended subsec. (b) generally, striking out provision for repayment of advances which is now incorporated in subsec. (a)(1) in the reference to repayment under sections 1101(d)(1) and 1322 of this title.

   Enacted provision · exact public law section
   (a) Title XII of the Social Security Act (42 U.S.C., sec. 1321 and following) is amended to read as follows: “TITLE XII— ADVANCES TO STATE UNEMPLOYMENT FUNDS “Sec. 1201. “advances to state unemployment funds (a) (1) Advances shall be made to the States from the Federal unemployment account in the Unemployment Trust Fund as provided in this section, and shall lie repayable, without interest, in Ante, pp. 972, 975. the manner provided in sections 901(d)(1), 903(b)(2), and 1202. An advance to a State for the payment or compensation in any month may be made if— “(A) the Governor of the State applies therefor no earlier than the first day of the preceding month, and “(B) he furnishes to the Secretary of Labor his estimate of the amount of an advance which will be required by the State for the payment of compensation in such month. “(2) In the case of any application for an advance under this section to any State for any month, the Secretary of Labor shall— “(A) determine the amount (if any) which he finds will be required by such State for the payment of compensation in such month, and “(B) certify to the Secretary of the Treasury the amount (not greater than the amount estimated by the Governor of the State) determined under subparagraph (A). The aggregate of the amounts certified by the Secretary of Labor with respect to any month shall not exceed the amount which the Secretary of the Treasury reports to the Secretary of Labor is available in the Federal unemployment account for advances with respect to such month. “(3) For purposes of this subsection— “(A) an application for an advance shall be made on such forms, and shall contain such information and data (fiscal and otherwise) concerning the operation and administration of the State unemployment compensation law, as the Secretary of Labor deems necessary or relevant to the performance of his duties under this title, “(B) the amount required by any State for the payment of compensation in any month shall be determined with due allowance for contingencies and taking into account all other amounts that will be available in the State’s unemployment fund for the payment of compensation in such month, and “(C) the term ‘compensation’ means cash benefits payable to individuals with respect to their unemployment, exclusive of expenses of administration. “(b) The Secretary of the Treasury shall, prior to audit or settlement by the General Accounting Office, transfer from the Federal unemployment account to the account of the State in the Unemployment Trust Fund the amount certified under subsection (a) by the Secretary of Labor (but not exceeding that portion of the balance in the Federal unemployment account at the time of the transfer which is not restricted as to use pursuant to section 903(b)(1)). Ante, p. 975. “Sec. 1202. “repayment by states of advances to state unemployment funds The Governor of any State may at any time request that funds be transferred from the account of such State to the Federal unemployment account in repayment of part or all of that balance of advances, made to such State under section 1201, specified in the request. The Secretary of Labor shall certify to the Secretary of the Treasury the amount and balance specified in the request; and the Secretary of the Treasury shall promptly transfer such amount in reduction of such balance. “Sec. 1203. “advances to federal unemployment account There are hereby authorized to be appropriated to the Federal unemployment account, as repayable advances (without interest), such sums as may be necessary to carry out the purposes of this title. Whenever, after the application of section 901(f)(3) with Ante, p. 973. respect to the excess in the employment security administration account as of the close of any fiscal year, there remains any portion of such excess, so much of such remainder as does not exceed the balance of advances made pursuant to this section shall be transferred to the general fund of the Treasury and shall be credited against, and shall operate to reduce, such balance of advances. “Sec. 1204. “definition of governor When used in this title, the term ‘Governor’ includes the Commissioners of the District of Columbia.”

6. 1976

   Unemployment Compensation Amendments of 1976

   Pub. L. 94–566 § 213(a) · 90 Stat. 2667

   1. Substituted · 42 U.S.C. § 1321(a)(1)

      Pub. L. 94–566, § 213(a), substituted “any 3-month period” for “any month” in subpar. (B)

   2. Substituted · 42 U.S.C. § 1321(a)(1)

      Pub. L. 94–566, § 213(a), substituted “the month preceding the first month of such 3-month period” for “the preceding month” in subpar. (B)

   3. Substituted · 42 U.S.C. § 1321(a)(1)

      Pub. L. 94–566, § 213(a), substituted “each month of such 3-month period” for “such month” in subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 94–566, § 213(a), substituted “any 3-month period” for “any month” in provisions preceding subpar. (A), “the month preceding the first month of such 3-month period” for “the preceding month” in subpar. (A), and “each month of such 3-month period” for “such month” in subpar. (B).

   Enacted provision · exact public law section
   (a) Advances To Be Made for 3-Month Periods.— Paragraph (1) of section 1201(a) of the Social Security Act is amended— 42 USC 1321. (1) by striking out “any month” and inserting in lieu thereof “any 3-month period”; (2) by striking out “the preceding month” and inserting in lieu thereof “the month preceding the first month of such 3-month period”; and (3) by striking out “such month” and inserting in lieu thereof “each month of such 3-month period”.

   Effective date note
   Pub. L. 94–566, title II, § 213(d), Oct. 20, 1976, 90 Stat. 2678, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 20, 1976].”

7. 1976

   Unemployment Compensation Amendments of 1976

   Pub. L. 94–566 § 213(b) · 90 Stat. 2667

   1. Substituted · 42 U.S.C. § 1321(a)(2)

      Pub. L. 94–566, § 213(b), substituted “any 3-month period” for “any month” in subpar. (A) and provisions following subpar. (B)

   2. Substituted · 42 U.S.C. § 1321(a)(2)

      Pub. L. 94–566, § 213(b), substituted “each month of such 3-month period” for “such month” in subpar. (A) and provisions following subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 94–566, § 213(b), substituted “any 3-month period” for “any month” in provisions preceding subpar. (A) and following subpar. (B), and “each month of such 3-month period” for “such month” in subpar. (A) and provisions following subpar. (B).

   Enacted provision · exact public law section
   (b) Applications.— Paragraph (2) of such section 1201(a) is amended— (1) by striking out “any month” each place it appears and inserting in lieu thereof “any 3-month period”, and (2) by striking out “such” month” each place it appears and inserting in lieu thereof “each month of such 3-month period”.

   Effective date note
   Pub. L. 94–566, title II, § 213(d), Oct. 20, 1976, 90 Stat. 2678, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 20, 1976].”

8. 1976

   Unemployment Compensation Amendments of 1976

   Pub. L. 94–566 § 213(c) · 90 Stat. 2667

   Changed · 42 U.S.C. § 1321(b)

   Pub. L. 94–566, § 213(c), provided that the transfer of amounts by the Secretary of the Treasury from the Federal unemployment account to the account of the States in the Unemployment Trust Fund be made in monthly installments and that the amount of any monthly installment so transferred not exceed the amount estimated by the State to be required for the payment of compensation for the month with respect to which the installment is made

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–566, § 213(c), provided that the transfer of amounts by the Secretary of the Treasury from the Federal unemployment account to the account of the States in the Unemployment Trust Fund be made in monthly installments and that the amount of any monthly installment so transferred not exceed the amount estimated by the State to be required for the payment of compensation for the month with respect to which the installment is made.

   Enacted provision · exact public law section
   (c) Section 1201 (b) of such Act is amended— (1) by inserting “in monthly installments” immediately after “transfer” where it first appears therein, and (2) by adding at the end thereof the following new sentence; amount of any monthly installment so transferred shall not exceed the amount estimated by the State to be required for the payment of compensation for the month with respect to which such installment is made.”

   Effective date note
   Pub. L. 94–566, title II, § 213(d), Oct. 20, 1976, 90 Stat. 2678, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 20, 1976].”

9. 1981

   Pub. L. 97–35 title XXIV § 2407(b)(1) · 95 Stat. 357

   Substituted · 42 U.S.C. § 1321(a)(1)

   Pub. L. 97–35 substituted “with interest to the extent provided in section 1322(b) of this title” for “without interest”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 97–35 substituted “with interest to the extent provided in section 1322(b) of this title” for “without interest”.

   Enacted provision · exact public law section
   (1) Paragraph (1) of section 1201 of the Social Security Act is amended by striking out “without interest” and inserting in lieu thereof “with interest to the extent provided in section 1202(b)”.

10. 2004

    GAO Human Capital Reform Act of 2004

    Pub. L. 108–271 § 8(b) · 118 Stat. 811

    Substituted · 42 U.S.C. § 1321(b)

    Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

    Enacted provision · exact public law section
    (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

14 of 18 references resolved to an enrolled provision · 1 partial · 3 unresolved