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Title 42 — The Public Health and Welfare

Chapter 7 — Social Security

§ 1322. Repayment by State; certification; transfer; interest on loan; credit of interest on loan

Statutory text

(a)

Repayment by State; certification; transfer

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 1321 of this title, 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.

(b)

Interest on loan

(1)

Except as otherwise provided in this subsection, each State shall pay interest on any advance made to such State under section 1321 of this title. Interest so payable with respect to periods during any calendar year shall be at the rate determined under paragraph (4) for such calendar year.

(2)

No interest shall be required to be paid under paragraph (1) with respect to any advance or advances made during any calendar year if—

(A)

such advances are repaid in full before the close of September 30 of the calendar year in which the advances were made,

(B)

no other advance was made to such State under section 1321 of this title during such calendar year and after the date on which the repayment of the advances was completed, and

(C)

such State meets funding goals, established under regulations issued by the Secretary of Labor, relating to the accounts of the States in the Unemployment Trust Fund.

(3)
(A)

Interest payable under paragraph (1) which was attributable to periods during any fiscal year shall be paid by the State to the Secretary of the Treasury prior to the first day of the following fiscal year. If interest is payable under paragraph (1) on any advance (hereinafter in this subparagraph referred to as the “first advance”) by reason of another advance made to such State after September 30 of the calendar year in which the first advance was made, interest on such first advance attributable to periods before such September 30 shall be paid not later than the day after the date on which the other advance was made.

(B)

Notwithstanding subparagraph (A), in the case of any advance made during the last 5 months of any fiscal year, interest on such advance attributable to periods during such fiscal year shall not be required to be paid before the last day of the succeeding taxable year. Any interest the time for payment of which is deferred by the preceding sentence shall bear interest in the same manner as if it were an advance made on the day on which it would have been required to be paid but for this subparagraph.

(C)
(i)

In the case of any State which meets the requirements of clause (ii) for any calendar year, any interest otherwise required to be paid under this subsection during such calendar year shall be paid as follows—

(I)

25 percent of the amount otherwise required to be paid on or before any day during such calendar year shall be paid on or before such day; and

(II)

25 percent of the amount otherwise required to be paid on or before such day shall be paid on or before the corresponding day in each of the 3 succeeding calendar years.

No interest shall accrue on such deferred interest.

(ii)

A State meets the requirements of this clause for any calendar year if the rate of insured unemployment (as determined for purposes of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970) under the State law of the period consisting of the first 6 months of the preceding calendar year equaled or exceeded 7.5 percent.

(4)

The interest rate determined under this paragraph with respect to any calendar year is a percentage (but not in excess of 10 percent) determined by dividing—

(A)

the aggregate amount credited under section 1104(e) of this title to State accounts on the last day of the last calendar quarter of the immediately preceding calendar year, by

(B)

the aggregate of the average daily balances of the State accounts for such quarter as determined under section 1104(e) of this title.

(5)

Interest required to be paid under paragraph (1) shall not be paid (directly or indirectly) by a State from amounts in its unemployment fund. If the Secretary of Labor determines that any State action results in the paying of such interest directly or indirectly (by an equivalent reduction in State unemployment taxes or otherwise) from such unemployment fund, the Secretary of Labor shall not certify such State’s unemployment compensation law under section 3304 of the Internal Revenue Code of 1986. Such noncertification shall be made in accordance with section 3304(c) of such Code.

(6)
(A)

For purposes of paragraph (2), any voluntary repayment shall be applied against advances made under section 1321 of this title on the last made first repaid basis. Any other repayment of such an advance shall be applied against advances on a first made first repaid basis.

(B)

For purposes of this paragraph, the term “voluntary repayment” means any repayment made under subsection (a).

(7)

This subsection shall only apply to advances made on or after .

(8)
(A)

With respect to interest due under this section on September 30 of 1983, 1984, or 1985 (other than interest previously deferred under paragraph (3)(C)), a State may pay 80 percent of such interest in four annual installments of at least 20 percent beginning with the year after the year in which it is otherwise due, if such State meets the criteria of subparagraph (B). No interest shall accrue on such deferred interest.

(B)

To meet the criteria of this subparagraph a State must—

(i)

have taken no action since , which would reduce its net unemployment tax effort or the net solvency of its unemployment system (as determined for purposes of section 3302(f) of the Internal Revenue Code of 1986); and

(ii)
(I)

have taken an action (as certified by the Secretary of Labor) after , which would have increased revenue liabilities and decreased benefits under the State’s unemployment compensation system (hereinafter referred to as a “solvency effort”) by a combined total of the applicable percentage (as compared to such revenues and benefits as would have been in effect without such State action) for the calendar year for which the deferral is requested; or

(II)

have had, for taxable year 1982, an average unemployment tax rate which was equal to or greater than 2.0 percent of the total of the wages (as determined without any limitation on amount) attributable to such State subject to contribution under the State unemployment compensation law with respect to such taxable year.

In the case of the first year for which there is a deferral (over a 4-year period) of the interest otherwise payable for such year, the applicable percentage shall be 25 percent. In the case of the second such year, the applicable percentage shall be 35 percent. In the case of the third such year, the applicable percentage shall be 50 percent.

(C)
(i)

The base year is the first year for which deferral under this provision is requested and subsequently granted. The Secretary of Labor shall estimate the unemployment rate for the base year. To determine whether a State meets the requirements of subparagraph (B)(ii)(I), the Secretary of Labor shall determine the percentage by which the benefits and taxes in the base year with the application of the action referred to in subparagraph (B)(ii)(I) are lower or greater, as the case may be, than such benefits and taxes would have been without the application of such action. In making this determination, the Secretary shall deem the application of the action referred to in subparagraph (B)(ii)(I) to have been effective for the base year to the same extent as such action is effective for the year following the year for which the deferral is sought. Once a deferral is approved under clause (ii)(I) of subparagraph (B) a State must continue to maintain its solvency effort. Failure to do so shall result in the State being required to make immediate payment of all deferred interest.

(ii)

Increases in the taxable wage base from $6,000 to $7,000 or increases after 1984 in the maximum tax rate to 5.4 percent shall not be counted for purposes of meeting the requirement of subparagraph (B).

(D)

In the case of a State which produces a solvency effort of 50 percent, 80 percent, and 90 percent rather than the 25 percent, 35 percent, and 50 percent required under subparagraph (B), the interest shall be computed at an interest rate which is 1 percentage point less than the otherwise applicable interest rate.

(9)

Any interest otherwise due from a State on September 30 of a calendar year after 1982 may be deferred (and no interest shall accrue on such deferred interest) for a grace period of not to exceed 9 months if, for the most recent 12-month period for which data are available before the date such interest is otherwise due, the State had an average total unemployment rate of 13.5 percent or greater.

(10)
(A)

With respect to the period beginning on , and ending on —

(i)

any interest payment otherwise due from a State under this subsection during such period shall be deemed to have been made by the State; and

(ii)

no interest shall accrue during such period on any advance or advances made under section 1321 of this title to a State.

(B)

The provisions of subparagraph (A) shall have no effect on the requirement for interest payments under this subsection after the period described in such subparagraph or on the accrual of interest under this subsection after such period.

(c)

Credit of interest on loan

Interest paid by States in accordance with this section shall be credited to the Federal unemployment account established by section 1104(g) of this title in the Unemployment Trust Fund.

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. Pub. L. 83–531 · 68 Stat. 533

    Enacted · 42 U.S.C. § 1322

    Aug. 14, 1935, ch. 531, title XII, § 1202, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title XII, § 1202, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672

  2. Social Security Amendments of 1960

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

    1. Amended · 42 U.S.C. § 1322

      Pub. L. 86–778 amended section generally

    2. Amended · 42 U.S.C. § 1322

      Pub. L. 86–778 designating provisions constituting subsec. (a) as entire section

    3. Substituted · 42 U.S.C. § 1322

      Pub. L. 86–778 substituting “that balance of advances, made to such State under section 1321 of this title, specified in the request” for “any remaining balance of advances made to such State under section 1321 of this title”

    4. Inserted · 42 U.S.C. § 1322

      Pub. L. 86–778 inserting “in reduction of such balance” and omitting subsecs. (b) and (c) pertaining to appropriations and repayable advances which were incorporated in sections 1101(d)(1) and 1323 of this title

    Source evidence

    Code amendment note
    Pub. L. 86–778 amended section generally, designating provisions constituting subsec. (a) as entire section, substituting “that balance of advances, made to such State under section 1321 of this title, specified in the request” for “any remaining balance of advances made to such State under section 1321 of this title” and inserting “in reduction of such balance” and omitting subsecs. (b) and (c) pertaining to appropriations and repayable advances which were incorporated in sections 1101(d)(1) and 1323 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.”

  3. Pub. L. 97–35 § 2407(b)(2) · 95 Stat. 357

    Amended · 42 U.S.C. § 1322(a)

    Pub. L. 97–35, § 2407(b)(2), designated existing provision as subsec. (a)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–35, § 2407(b)(2), designated existing provision as subsec. (a).

    Enacted provision · exact public law section
    (2) Section 1202 of such Act is amended by striking out “Sec. 1202.” and inserting in lieu thereof “Sec. 1202. (a)”.

  4. Pub. L. 97–35 § 2407(a) · 95 Stat. 357

    Added · 42 U.S.C. § 1322(b)

    Pub. L. 97–35, § 2407(a), added subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–35, § 2407(a), added subsec. (b).

    Enacted provision · exact public law section
    (a) General Rule.— Section 1202 of the Social Security Act is amended by adding at the end thereof the following new 42 USC 1322. subsection: “(b) (1) Except as otherwise provided in this subsection, each State shall pay interest on any advance made to such State under section 1201. Interest so payable with respect to periods during any calendar 42 USC 1321. year shall be at the rate determined under paragraph (4) for such calendar year. “(2) No interest shall be required to be paid under paragraph (1) with respect to any advance made during any calendar year if— “(A) such advance is repaid in full before the close or September 30 of the calendar year in which the advance was made, and “(B) no other advance was made to such State under section 1201 during such calendar year and after the date on which the repayment of the advance was completed. “(3) (A) Interest payable under paragraph (1) which was attributable to periods during any fiscal year shall be paid by the State to the Secretary of the Treasury not later than the first day of the following fiscal year. If interest is payable under paragraph (1) on any advance (hereinafter in this subparagraph referred to as the ‘first advance’) by reason of another advance made to such State after September 30 of the calendar year in which the first advance was made, interest on such first advance attributable to periods before such September 30 shall be paid not later than the day after the date on which the other advance was made. “(B) Notwithstanding subparagraph (A), in the case of any advance made during the last 5 months of any fiscal year, interest on such advance attributable to periods during such fiscal year shall not be required to be paid before the last day of the succeeding taxable year. Any interest the time for payment of which is deferred by the preceding sentence shall bear interest in the same manner as if it were an advance made on the day on which it would have been required to be paid but for this subparagraph. “(4) The interest rate determined under this paragraph with respect to any calendar year is a percentage (but not in excess of 10 percent) determined by dividing— “(A) the aggregate amount credited under section 904(e) to 42 USC 1104. State accounts on the last day of the last calendar quarter of the immediately preceding calendar year, by “(B) the aggregate of the average daily balances of the State accounts for such quarter as determined under section 904(e). “(5) Interest required to be paid under paragraph (1) shall not be paid (directly or indirectly) by a State from amounts in its unemployment fund. If the Secretary of Labor determines that any State action results in the paying of such interest directly or indirectly (by an equivalent reduction in State unemployment taxes or otherwise) from such unemployment fund, the Secretary of Labor shall not certify such State’s unemployment compensation law under section 26 USC 3304. 3304 of the Internal Revenue Code of 1954. Such noncertification shall be made in accordance with section 3304(c) of such Code. “(6) (A) For purposes of paragraph (2), any voluntary repayment shall be applied against advances made under section 1201 on the last made first repaid basis. Any other repayment of such an advance shall be applied against advances on a first made first repaid basis. “(B) For purposes of this paragraph, the term ‘voluntary repayment’ “Voluntary repayment.” means any repayment made under subsection (a). “(7) This subsection shall only apply to advances made on or after April 1, 1982, and before January 1, 1988.”

  5. Pub. L. 97–248 title II § 274(a) · 96 Stat. 324

    Added · 42 U.S.C. § 1322(b)(3)(C)

    Pub. L. 97–248 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C). Pub. L. 97–248 added subpar. (C).

    Enacted provision · exact public law section
    (a) General Rule.— Paragraph (3) of section 1202(b) of the Social Security Act is amended by adding at the end thereof the following 95 Stat. 879. 42 USC 1322. new subparagraph: “(C) (i) In the case of any State which meets the requirements of clause (ii) for any calendar year, any interest otherwise required to be paid under this subsection during such calendar year shall be paid as follows— “(I) 25 percent of the amount otherwise required to be paid on or before any day during such calendar year shall be paid on or before such day; and “(II) 25 percent of the amount otherwise required to be paid on or before such day shall be paid on or before the corresponding day in each of the 3 succeeding calendar years. Any interest the time for payment of which is deferred under this subparagraph shall bear interest in the same manner as if it were an advance made on the day on which it would have been required to be paid but for this subparagraph. “(ii) A State meets the requirements of this clause for any calendar year if the rate of insured unemployment (as determined for purposes of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970) under the State law of the period 26 USC 3304 note. consisting of the first 6 months of the preceding calendar year equaled or exceeded 7.5 percent.”

  6. Pub. L. 98–21 § 514 · 97 Stat. 65

    Substituted · 42 U.S.C. § 1322(b)(3)(A)

    Pub. L. 98–21, § 514, which directed substitution of “prior to” for “not later than” was executed, as the probable intent of Congress, by making that substitution the first time the phrase appeared following “Secretary of Treasury” and not the second time that phrase appeared

    Source evidence

    Code amendment note
    Subsec. (b)(3)(A). Pub. L. 98–21, § 514, which directed substitution of “prior to” for “not later than” was executed, as the probable intent of Congress, by making that substitution the first time the phrase appeared following “Secretary of Treasury” and not the second time that phrase appeared.

    Enacted provision · exact public law section
    Sec. 514. Section 1202(b)(3)(A) of the Social Security Act is 42 USC 1322. amended by striking out “not later than” and inserting in lieu thereof “prior to”.

  7. Pub. L. 98–21 § 511(c) · 97 Stat. 65

    Substituted · 42 U.S.C. § 1322(b)(3)(C)(i)

    Pub. L. 98–21, § 511(c), substituted, after subcl. II, provision that no interest shall accrue on such deferred interest for provision that any interest the time for payment of which was deferred under this subparagraph would bear interest in the same manner as if it had been an advance made on the day on which it would have been required to be paid but for this subparagraph

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C)(i). Pub. L. 98–21, § 511(c), substituted, after subcl. II, provision that no interest shall accrue on such deferred interest for provision that any interest the time for payment of which was deferred under this subparagraph would bear interest in the same manner as if it had been an advance made on the day on which it would have been required to be paid but for this subparagraph.

    Enacted provision · exact public law section
    (c) Section 1202(b)(3)(C)(i) of the Social Security Act is amended by 42 USC 1322. striking the matter that follows clause (II) and inserting “No interest shall accrue on such deferred interest.”

  8. Pub. L. 98–21 § 511(b) · 97 Stat. 65

    Struck · 42 U.S.C. § 1322(b)(7)

    Pub. L. 98–21, § 511(b), struck out “, and before January 1, 1988” after “April 1, 1982”

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 98–21, § 511(b), struck out “, and before January 1, 1988” after “April 1, 1982”.

    Enacted provision · exact public law section
    (b) Section 1202(b)(7) of such Act is amended by striking out “, and 42 USC 1322. before January 1, 1988”.

  9. Pub. L. 98–21 § 511(a) · 97 Stat. 65

    Added · 42 U.S.C. § 1322(b)(8); 42 U.S.C. § 1322(b)(9)

    Pub. L. 98–21, § 511(a), added pars. (8) and (9)

    Source evidence

    Code amendment note
    Subsec. (b)(8), (9). Pub. L. 98–21, § 511(a), added pars. (8) and (9).

    Enacted provision · exact public law section
    (a) Section 1202(b) of the Social Security Act is amended 42 USC 1322. by adding at the end thereof the following new paragraphs: “(8) (A) With respect to interest due under this section on September 30 of 1983, 1984, or 1985 (other than interest previously deferred under paragraph (3)(C)), a State may pay 80 percent of such interest in four annual installments of at least 20 percent beginning with the year after the year in which it is otherwise due, if such State meets the criteria of subparagraph (B). No interest shall accrue on such deferred interest. “(B) To meet the criteria of this subparagraph a State must— “(i) have taken no action since October 1, 1982, which would reduce its net unemployment tax effort or the net solvency of its unemployment system (as determined for purposes of section 3302(f) of the Internal Revenue Code of 1954); and 26 USC 3302. “(ii) (I) have taken an action (as certified by the Secretary of Labor) after March 31, 1982, which would have increased revenue liabilities and decreased benefits under the State’s unemployment compensation system (hereinafter referred to as a ‘solvency effort’) by a combined total of the applicable percentage (as compared to such revenues and benefits as would have been in effect without such State action) for the calendar year for which the deferral is requested; or “(II) have had, for taxable year 1982, an average unemployment tax rate which was equal to or greater than 2.0 percent of the total of the wages (as determined without any limitation on amount) attributable to such State subject to contribution under the State unemployment compensation law with respect to such taxable year. In the case of the first year for which there is a deferral (over a 4-year period) of the interest otherwise payable for such year, the applicable percentage shall be 25 percent. In the case of the second such year, the applicable percentage shall be 35 percent. In the case of the third such year, the applicable percentage shall be 50 percent. “(C) (i) The base year is the first year for which deferral under this provision is requested and subsequently granted. The Secretary of Labor shall estimate the unemployment rate for the base year. To determine whether a State meets the requirements of subparagraph (B)(ii)(I), the Secretary of Labor shall determine the percentage by which the benefits and taxes in the base year with the application of the action referred to in subparagraph (B)(ii)(I) are lower or greater, as the case may be, than such benefits and taxes would have been without the application of such action. In making this determination, the Secretary shall deem the application of the action referred to in subparagraph (B)(ii)(I) to have been effective for the base year to the same extent as such action is effective for the year following the year for which the deferral is sought. Once a deferral is approved under clause (ii)(I) of subparagraph (B) a State must continue to maintain its solvency effort. Failure to do so shall result in the State being required to make immediate payment of all deferred interest. “(ii) Increases in the taxable wage base from $6,000 to $7,000 or increases after 1984 in the maximum tax rate to 5.4 percent shall not be counted for purposes of meeting the requirement of subparagraph (B). “(D) In the case of a State which produces a solvency effort of 50 percent, 80 percent, and 90 percent rather than the 25 percent, 35 percent, and 50 percent required under subparagraph (B), the interest shall be computed at an interest rate which is 1 percentage point less than the otherwise applicable interest rate. “(9) Any interest otherwise due from a State on September 30 of a calendar year after 1982 may be deferred (and no interest shall accrue on such deferred interest) for a grace period of not to exceed 9 months if, for the most recent 12-month period for which data are available before the date such interest is otherwise due, the State had an average total unemployment rate of 13.5 percent or greater.”

  10. Pub. L. 98–118 § 5(a)(1) · 97 Stat. 7803

    Substituted · 42 U.S.C. § 1322(b)(2)

    Pub. L. 98–118, § 5(a)(1), substituted “advance or advances” for “advance” in provisions preceding subpar. (A)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 98–118, § 5(a)(1), substituted “advance or advances” for “advance” in provisions preceding subpar. (A).

    Enacted provision · exact public law section
    (1) in the matter preceding subparagraph (A), by striking out “advance” and inserting in lieu thereof “advance or advances”;

  11. Pub. L. 98–118 § 5(a)(2) · 97 Stat. 7803

    1. Substituted · 42 U.S.C. § 1322(b)(2)(A)

      Pub. L. 98–118, § 5(a)(2), (3), substituted “advances are” for “advance is”

    2. Substituted · 42 U.S.C. § 1322(b)(2)(A)

      Pub. L. 98–118, § 5(a)(2), (3), substituted “advances were” for “advance was”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 98–118, § 5(a)(2), (3), substituted “advances are” for “advance is” and “advances were” for “advance was”.

    Enacted provision · exact public law section
    (2) in subparagraph (A), by striking out “advance is” and inserting in lieu thereof “advances are”;

  12. Pub. L. 98–118 § 5(a)(4) · 97 Stat. 7803

    Substituted · 42 U.S.C. § 1322(b)(2)(B)

    Pub. L. 98–118, § 5(a)(4), substituted “advances was completed” for “advance was completed”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 98–118, § 5(a)(4), substituted “advances was completed” for “advance was completed”.

    Enacted provision · exact public law section
    (4) in subparagraph (B), by striking out “advance” the second place it appears and inserting in lieu thereof “advances”.

  13. Tax Reform Act of 1986

    Pub. L. 99–514 § 2 · 100 Stat. 2085

    Substituted · 42 U.S.C. § 1322(b)(5); 42 U.S.C. § 1322(8)(B)(i)

    Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”

    Source evidence

    Code amendment note
    Subsec. (b)(5), (8)(B)(i). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

    Enacted provision · exact public law section
    SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

  14. Pub. L. 100–203 title IX § 9156(a) · 101 Stat. 1330

    Added · 42 U.S.C. § 1322(c)

    Pub. L. 100–203 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–203 added subsec. (c).

    Enacted provision · exact public law section
    (a) In General.— Section 1202 of the Social Security Act is 42 USC 1322. amended by adding at the end the following new subsection: “(c) Interest paid by States in accordance with this section shall be credited to the Federal unemployment account established by section 904(g) in the Unemployment Trust Fund.”.

  15. Balanced Budget Act of 1997

    Pub. L. 105–33 title V § 5404(a) · 111 Stat. 251

    Added · 42 U.S.C. § 1322(b)(2)(C)

    Pub. L. 105–33 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 105–33 added subpar. (C).

    Enacted provision · exact public law section
    (a) In General.— Paragraph (2) of section 1202(b) (42 U.S.C. 1322(b)) is amended— (1) by striking “and” at the end of subparagraph (A), (2) by striking the period at the end of subparagraph (B) and inserting “, and”, and (3) by adding at the end the following new subparagraph: “(C) such State meets funding goals, established under regulations issued by the Secretary of Labor, relating to the accounts of the States in the Unemployment Trust Fund.”.

    Effective date note
    Pub. L. 105–33, title V, § 5404(b), Aug. 5, 1997, 111 Stat. 604, provided that: “The amendments made by this section [amending this section] shall apply to calendar years beginning after the date of the enactment of this Act [Aug. 5, 1997].”

  16. Assistance for Unemployed Workers and Struggling Families Act

    Pub. L. 111–5 div. B title II § 2004 · 123 Stat. 115

    Added · 42 U.S.C. § 1322(b)(10)

    Pub. L. 111–5 added par. (10)

    Source evidence

    Code amendment note
    Subsec. (b)(10). Pub. L. 111–5 added par. (10).

    Enacted provision · exact public law section
    SEC. 2004. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.   Section 1202(b) of the Social Security Act (42 U.S.C. 1322(b)) is amended by adding at the end the following new paragraph: “(10) (A) Time period. With respect to the period beginning on the date of enactment of this paragraph and ending on December 31, 2010— “(i) any interest payment otherwise due from a State under this subsection during such period shall be deemed to have been made by the State; and “(ii) no interest shall accrue during such period on any advance or advances made under section 1201 to a State. “(B) The provisions of subparagraph (A) shall have no effect on the requirement for interest payments under this subsection after the period described in such subparagraph or on the accrual of interest under this subsection after such period.” .

  17. Emergency Unemployment Insurance Stabilization and Access Act of 2020

    Pub. L. 116–127 div. D § 4103 · 134 Stat. 178

    Substituted · 42 U.S.C. § 1322(b)(10)(A)

    Pub. L. 116–127 substituted “beginning on March 18, 2020, and ending on December 31, 2020” for “beginning on February 17, 2009, and ending on December 31, 2010” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–127 substituted “beginning on March 18, 2020, and ending on December 31, 2020” for “beginning on February 17, 2009, and ending on December 31, 2010” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 4103. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.   Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking “beginning on the date of enactment of this paragraph and ending on December 31, 2010” and inserting “beginning on the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 and ending on December 31, 2020”.

  18. Department of Justice Appropriations Act, 2021

    Pub. L. 116–260 div. N title II § 221 · 134 Stat. 1182

    Substituted · 42 U.S.C. § 1322(b)(10)(A)

    Pub. L. 116–260 substituted “March 14, 2021” for “December 31, 2020” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(10)(A). Pub. L. 116–260 substituted “March 14, 2021” for “December 31, 2020” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 221. Section 151 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246; 5 U.S.C. 5928 note), is amended— (1) by striking “or” after “Drug Enforcement Administration” and inserting “, the”; and (2) by inserting “, or the United States Marshals Service” after “Federal Bureau of Investigation”.

  19. American Rescue Plan Act of 2021

    Pub. L. 117–2 title IX § 9021 · 135 Stat. 4

    Substituted · 42 U.S.C. § 1322(b)(10)(A)

    Pub. L. 117–2 substituted “September 6, 2021” for “March 14, 2021” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(10)(A). Pub. L. 117–2 substituted “September 6, 2021” for “March 14, 2021” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 9021. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.   Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking “March 14, 2021” and inserting “September 6, 2021”.

22 of 23 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (b)(3)(C)(ii), is section 203 of Pub. L. 91–373, title II, , 84 Stat. 709, which is set out as a note under section 3304 of Title 26, Internal Revenue Code.

The Internal Revenue Code of 1986, referred to in subsec. (b)(5), (8)(B)(i), is classified generally to Title 26.

Amendments1960–2021 · 10 rounds

2021

Subsec. (b)(10)(A). Pub. L. 117–2 substituted “” for “” in introductory provisions.

2020

Subsec. (b)(10)(A). Pub. L. 116–260 substituted “” for “” in introductory provisions.

Pub. L. 116–127 substituted “beginning on , and ending on ” for “beginning on , and ending on ” in introductory provisions.

2009

Subsec. (b)(10). Pub. L. 111–5 added par. (10).

1997

Subsec. (b)(2)(C). Pub. L. 105–33 added subpar. (C).

1987

Subsec. (c). Pub. L. 100–203 added subsec. (c).

1986

Subsec. (b)(5), (8)(B)(i). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

1983

Subsec. (b)(2). Pub. L. 98–118, § 5(a)(1), substituted “advance or advances” for “advance” in provisions preceding subpar. (A).

Subsec. (b)(2)(A). Pub. L. 98–118, § 5(a)(2), (3), substituted “advances are” for “advance is” and “advances were” for “advance was”.

Subsec. (b)(2)(B). Pub. L. 98–118, § 5(a)(4), substituted “advances was completed” for “advance was completed”.

Subsec. (b)(3)(A). Pub. L. 98–21, § 514, which directed substitution of “prior to” for “not later than” was executed, as the probable intent of Congress, by making that substitution the first time the phrase appeared following “Secretary of Treasury” and not the second time that phrase appeared.

Subsec. (b)(3)(C)(i). Pub. L. 98–21, § 511(c), substituted, after subcl. II, provision that no interest shall accrue on such deferred interest for provision that any interest the time for payment of which was deferred under this subparagraph would bear interest in the same manner as if it had been an advance made on the day on which it would have been required to be paid but for this subparagraph.

Subsec. (b)(7). Pub. L. 98–21, § 511(b), struck out “, and before ” after “”.

Subsec. (b)(8), (9). Pub. L. 98–21, § 511(a), added pars. (8) and (9).

1982

Subsec. (b)(3)(C). Pub. L. 97–248 added subpar. (C).

1981

Subsec. (a). Pub. L. 97–35, § 2407(b)(2), designated existing provision as subsec. (a).

Subsec. (b). Pub. L. 97–35, § 2407(a), added subsec. (b).

1960

Pub. L. 86–778 amended section generally, designating provisions constituting subsec. (a) as entire section, substituting “that balance of advances, made to such State under section 1321 of this title, specified in the request” for “any remaining balance of advances made to such State under section 1321 of this title” and inserting “in reduction of such balance” and omitting subsecs. (b) and (c) pertaining to appropriations and repayable advances which were incorporated in sections 1101(d)(1) and 1323 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–33, title V, § 5404(b), , 111 Stat. 604, provided that: “The amendments made by this section [amending this section] shall apply to calendar years beginning after the date of the enactment of this Act [].”

Effective Date of 1987 Amendment

Pub. L. 100–203, title IX, § 9156(b), , 101 Stat. 1330–327, provided that: “The amendment made by subsection (a) [amending this section] shall apply to interest paid on advances made on or after the date of the enactment of this Act [].”

Effective Date of 1983 Amendment

Pub. L. 98–118, § 5(b), , 97 Stat. 804, provided that: “The amendments made by this section [amending this section] shall apply to advances made on or after .”

Effective Date of 1982 Amendment

Pub. L. 97–248, title II, § 274(b), , 96 Stat. 558, provided that: “The amendment made by subsection (a) [amending this section] shall apply to interest required to be paid after .”

Credits

1935–2021 · 13 acts
  1. 1935Aug. 14, 1935, ch. 531, title XII, § 1202, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672
  2. 1960amended Pub. L. 86–778, title V, § 522(a), , 74 Stat. 979
  3. 1981Pub. L. 97–35, title XXIV, § 2407(a), (b)(2), , 95 Stat. 879, 880
  4. 1982Pub. L. 97–248, title II, § 274(a), , 96 Stat. 557
  5. 1983Pub. L. 98–21, title V, §§ 511, 514, , 97 Stat. 144, 147
  6. 1983Pub. L. 98–118, § 5(a), , 97 Stat. 804
  7. 1986Pub. L. 99–514, § 2, , 100 Stat. 2095
  8. 1987Pub. L. 100–203, title IX, § 9156(a), , 101 Stat. 1330–327
  9. 1997Pub. L. 105–33, title V, § 5404(a), , 111 Stat. 604
  10. 2009Pub. L. 111–5, div. B, title II, § 2004, , 123 Stat. 443
  11. 2020Pub. L. 116–127, div. D, § 4103, , 134 Stat. 194
  12. 2020Pub. L. 116–260, div. N, title II, § 221, , 134 Stat. 1956
  13. 2021Pub. L. 117–2, title IX, § 9021, , 135 Stat. 120.
Show as published

(Aug. 14, 1935, ch. 531, title XII, § 1202, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672; amended Pub. L. 86–778, title V, § 522(a), , 74 Stat. 979; Pub. L. 97–35, title XXIV, § 2407(a), (b)(2), , 95 Stat. 879, 880; Pub. L. 97–248, title II, § 274(a), , 96 Stat. 557; Pub. L. 98–21, title V, §§ 511, 514, , 97 Stat. 144, 147; Pub. L. 98–118, § 5(a), , 97 Stat. 804; Pub. L. 99–514, § 2, , 100 Stat. 2095; Pub. L. 100–203, title IX, § 9156(a), , 101 Stat. 1330–327; Pub. L. 105–33, title V, § 5404(a), , 111 Stat. 604; Pub. L. 111–5, div. B, title II, § 2004, , 123 Stat. 443; Pub. L. 116–127, div. D, § 4103, , 134 Stat. 194; Pub. L. 116–260, div. N, title II, § 221, , 134 Stat. 1956; Pub. L. 117–2, title IX, § 9021, , 135 Stat. 120.)

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