§ 1323. Repayable advances to Federal unemployment account

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

   Pub. L. 83–531 · 68 Stat. 533

   Enacted · 42 U.S.C. § 1323

   Aug. 14, 1935, ch. 531, title XII, § 1203, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title XII, § 1203, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672

2. 1960

   Social Security Amendments of 1960

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

   1. Amended · 42 U.S.C. § 1323

      Pub. L. 86–778 amended section generally

   2. Substituted · 42 U.S.C. § 1323

      Pub. L. 86–778 substituting provisions relating to repayable advances to the Federal unemployment account for former provision defining “Governor” and now incorporated in section 1324 of this title

   Source evidence

   Code amendment note
   Pub. L. 86–778 amended section generally, substituting provisions relating to repayable advances to the Federal unemployment account for former provision defining “Governor” and now incorporated in section 1324 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. 1970

   Employment Security Amendments of 1970

   Pub. L. 91–373 title III § 304(c) · 84 Stat. 695

   Inserted · 42 U.S.C. § 1323

   Pub. L. 91–373 inserted reference to section 1102(a) of this title

   Source evidence

   Code amendment note
   Pub. L. 91–373 inserted reference to section 1102(a) of this title.

   Enacted provision · exact public law section
   (c) Section 1203 of the Social Security Act is amended by striking out “section 901 (f)(3)” and inserting in lieu thereof “sections 901(f)(3) and 902(a)”.

4. 1983

   Federal Supplemental Compensation Amendments of 1983

   Pub. L. 98–135 title II § 205(a) · 97 Stat. 857

   Inserted · 42 U.S.C. § 1323

   Pub. L. 98–135 inserted provision requiring that amounts appropriated as repayable advances be repaid, without interest, by transfers from the Federal unemployment account to the general fund of the Treasury, at such times as the amount in the Federal unemployment account is determined by the Secretary of the Treasury, in consultation with the Secretary of Labor, to be adequate for such purpose, and that any amount transferred as a repayment under this section be credited against, and operate to reduce, any balance of advances repayable under this section

   Source evidence

   Code amendment note
   Pub. L. 98–135 inserted provision requiring that amounts appropriated as repayable advances be repaid, without interest, by transfers from the Federal unemployment account to the general fund of the Treasury, at such times as the amount in the Federal unemployment account is determined by the Secretary of the Treasury, in consultation with the Secretary of Labor, to be adequate for such purpose, and that any amount transferred as a repayment under this section be credited against, and operate to reduce, any balance of advances repayable under this section.

   Enacted provision · exact public law section
   (a) Section 1203 of the Social Security Act is amended by 42 USC 1397b. inserting after the first sentence the following: “Amounts appropriated as repayable advances shall be repaid, without interest, by transfers from the Federal unemployment account to the general fund of the Treasury, at such times as the amount in the Federal unemployment account is determined by the Secretary of the Treasury, in consultation with the Secretary of Labor, to be adequate for such purpose. Any amount transferred as a repayment under this section shall be credited against, and shall operate to reduce, any balance of advances repayable under this section.”.

5. 1987

   Pub. L. 100–203 title IX § 9155(b) · 101 Stat. 1330

   1. Struck · 42 U.S.C. § 1323

      Pub. L. 100–203 struck out “(without interest)” after “account, as repayable advances” and “, without interest,” after “shall be repaid”

   2. Inserted · 42 U.S.C. § 1323

      Pub. L. 100–203 inserted sentence at end relating to amounts appropriated as repayable advances for purposes of this subsection

   Source evidence

   Code amendment note
   Pub. L. 100–203 struck out “(without interest)” after “account, as repayable advances” and “, without interest,” after “shall be repaid”, and inserted sentence at end relating to amounts appropriated as repayable advances for purposes of this subsection.

   Enacted provision · exact public law section
   (b) Federal Unemployment Account.— Section 1203 of such Act (42 U.S.C. 1323) is amended— (1) by striking out “(without interest)” and “, without interest,”; and (2) by adding the following new sentence at the end: “Amounts appropriated as repayable advances for purposes of this subsection shall bear interest at a rate equal to the average rate of interest, computed as of the end of the calendar month next preceding the date of such advance, borne by all interest bearing obligations of the United States then forming part of the public debt; except that in cases in which such average rate is not a multiple of one-eighth of 1 percent, the rate of interest shall be the multiple of one-eighth of 1 percent next lower than such average rate.”.

   Effective date note
   Amendment by Pub. L. 100–203 applicable to advances made on or after Dec. 22, 1987, see section 9155(d) of Pub. L. 100–203, set out as a note under section 1103 of this title.

6 of 7 references resolved to an enrolled provision · 1 partial