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42 U.S.C. § 1321 — Eligibility requirements for transfer of funds; reimbursement by State; application; certification; limitation

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1321 — Eligibility requirements for transfer of funds; reimbursement by State; application; certification; limitation

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Stable record: federal_law:legal_authorities:record_usc_777eebeccc0e8a668c686b67
Source file: Laws/federal/codes/united-states-code/title-42/section-1321-eligibility-requirements-for-transfer-of-funds-reimbursement-by-state-ap--29d45b432b.md
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Source location: Title 42, Chapter 7, § 1321; chapter-007-social-security.md

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**(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 be repayable, with interest to the extent provided in [section 1322(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1322/b&num=0&edition=prelim), in the manner provided in sections 1101(d)(1), 1103(b)(2), and 1322 of this title. An advance to a State for the payment of compensation in any 3-month period may be made if— (A) the Governor of the State applies therefor no earlier than the first day of the month preceding the first month of such 3-month period, 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 each month of such 3-month period. (2) In the case of any application for an advance under this section to any State for any 3-month period, 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 each month of such 3-month period, 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 3-month period 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 each month of such 3-month period. (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 subchapter, (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 Government Accountability Office, transfer in monthly installments 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 1103(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1103/b/1&num=0&edition=prelim)). The 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1104 — Unemployment Trust Fund

**(a) Establishment** There is hereby established in the Treasury of the United States a trust fund to be known as the “Unemployment Trust Fund”, hereinafter in this subchapter called the “Fund”. The Secretary of the Treasury is authorized and directed to receive and hold in the Fund all moneys deposited therein by a State agency from a State unemployment fund, or by the Railroad Retirement Board to the credit of the railroad unemployment insurance account or the railroad unemployment insurance administration fund, or otherwise deposited in or credited to the Fund or any account therein. Such deposit may be made directly with the Secretary of the Treasury, with any depositary designated by him for such purpose, or with any Federal Reserve Bank. **(b) Investments** It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in his judgment, required to meet current withdrawals. Such investment may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligations 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 issue, borne by all interest-bearing obligations of the United States then forming part of the public debt; except that where such average rate is not a multiple of one

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1104

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1101 — Employment security administration account

**(a) Establishment** There is hereby established in the Unemployment Trust Fund an employment security administration account. **(b) Amount credited to Account; transfer of funds; adjustments; repayment of internal revenue refunds** (1) There is hereby appropriated to the Unemployment Trust Fund for credit to the employment security administration account, out of any moneys in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1961, and for each fiscal year thereafter, an amount equal to 100 per centum of the tax (including interest, penalties, and additions to the tax) received during the fiscal year under the Federal Unemployment Tax Act [[26 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3301&num=0&edition=prelim) et seq.] and covered into the Treasury. (2) The amount appropriated by paragraph (1) shall be transferred at least monthly from the general fund of the Treasury to the Unemployment Trust Fund and credited to the employment security administration account. Each such transfer shall be based on estimates made by the Secretary of the Treasury of the amounts received in the Treasury. Proper adjustments shall be made in the amounts subsequently transferred, to the extent prior estimates (including estimates for the fiscal year ending June 30, 1960) were in excess of or were less than the amounts required to be transferred. (3) The Secretary of the Treasury is directed to pay from time to time from the employment security administration account into the Treasury, as repayments to the account for refunding internal revenue collections, amounts equal to all refunds made after June 30, 1960, of amounts received as tax under the Federal Unemployment Tax Act [[26 U.S.C. 3301](https://uscode.house.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1101

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 906 — General and special sequestration rules

**(a) Repealed. Pub. L. 111–139, title I, § 10(a), Feb. 12, 2010, 124 Stat. 21** **(b) Student loans** For all student loans under part B or D of title IV of the Higher Education Act of 1965 [[20 U.S.C. 1071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071&num=0&edition=prelim) et seq., 1087a et seq.] made during the period when a sequestration order under [section 904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section904&num=0&edition=prelim) is in effect as required by section 902 or 903 of this title, origination fees under sections 438(c)(2) and (6) and 455(c) [[20 U.S.C. 1087–1(c)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087–1/c/2&num=0&edition=prelim), (6), 1087e(c)] and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act [[20 U.S.C. 1078(f)(1)(A)(ii)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/f/1/A/ii&num=0&edition=prelim)] shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act [[20 U.S.C. 1087–1(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087–1/b&num=0&edition=prelim)] accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order. **(c) Repealed. Pub. L. 111–139, title I, § 10(c), Feb. 12, 2010, 124 Stat. 22** **(d) Special rules for Medicare program** (1) **Calculation of reduction in payment amounts** — To achieve the total percentage reduction in those programs required by section 902 or 903 of this title, subject

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 906

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3304 — Approval of State laws

**(a) Requirements** The Secretary of Labor shall approve any State law submitted to him, within 30 days of such submission, which he finds provides that— (1) all compensation is to be paid through public employment offices or such other agencies as the Secretary of Labor may approve; (2) no compensation shall be payable with respect to any day of unemployment occurring within 2 years after the first day of the first period with respect to which contributions are required; (3) all money received in the unemployment fund shall (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b)) immediately upon such receipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act ([42 U.S.C. 1104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1104&num=0&edition=prelim)); (4) all money withdrawn from the unemployment fund of the State shall be used solely in the payment of unemployment compensation, exclusive of expenses of administration, and for refunds of sums erroneously paid into such fund and refunds paid in accordance with the provisions of section 3305(b); except that— (A) an amount equal to the amount of employee payments into the unemployment fund of a State may be used in the payment of cash benefits to individuals with respect to their disability, exclusive of expenses of administration; (B) the amounts specified by section 903 (c)(2) or 903(d)(4) of the Social Security Act may, subject to the conditions prescribed in such section, be used for expenses incurred by the State for administration of its unemployment compensation law and public employment offices;

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 3304

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1103 — Amounts transferred to State accounts

**(a) Determination and certification by Secretary of Labor** (1) If as of the close of any fiscal year after the fiscal year ending June 30, 1972, the amount in the extended unemployment compensation account has reached the limit provided in [section 1105(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1105/b/2&num=0&edition=prelim) and the amount in the Federal unemployment account has reached the limit provided in [section 1102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1102/a&num=0&edition=prelim) and all advances and interest pursuant to [section 1105(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1105/d&num=0&edition=prelim) and [section 1323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1323&num=0&edition=prelim) have been repaid, and there remains in the employment security administration account any amount over the amount provided in [section 1101(f)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1101/f/3/A&num=0&edition=prelim), such excess amount, except as provided in subsection (b), shall be transferred (as of the beginning of the succeeding fiscal year) to the accounts of the States in the Unemployment Trust Fund. (2) Each State’s share of the funds to be transferred under this subsection as of any October 1— (A) shall be determined by the Secretary of Labor and certified by such Secretary to the Secretary of the Treasury before such date, and (B) shall bear the same ratio to the total amount to be so transferred as— (i) the amount of wages subject to tax under section 3301 of the Internal Revenue Code of

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1103

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1322 — Repayment by State; certification; transfer; interest on loan; credit of interest on loan

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1321&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1321&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1321&num=0&edition=prelim) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1322

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1321 — Eligibility requirements for transfer of

Page 2788 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320f–7 1 So in original. The word ‘‘and’’ probably should not appear. 2 So in original. Probably should be preceded by ‘‘, and’’. 3 So in original. to a civil monetary penalty under this section in the same manner as such provisions apply to a penalty or proceeding under section 1320a–7a(a) of this title. (Aug. 14, 1935, ch. 531, title XI, § 1197, as added and amended Pub. L. 117–169, title I, §§ 11001(a), 11002(a)(4), Aug. 16, 2022, 136 Stat. 1850, 1861.) Editorial Notes AMENDMENTS 2022—Subsecs. (b) to (e). Pub. L. 117–169, § 11002(a)(4), added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively. § 1320f–7. Limitation on administrative and judi- cial review There shall be no administrative or judicial review of any of the following: (1) The determination of a unit, with respect to a drug or biological product, pursuant to section 1320f(c)(6) of this title. (2) The selection of drugs under section 1320f–1(b) of this title, the determination of ne- gotiation-eligible drugs under section 1320f–1(d) of this title, and 1 the determination of qualifying single source drugs under section 1320f–1(e) of this title the 2 application of sec- tion 1320f–1(f) of this title,.3 (3) The determination of a maximum fair price under subsection (b) or (f) of section 1320f–3 of this title. (4) The determination of renegotiation-eligi- ble drugs under section 1320f–3(f)(2) of this title and the selection of renegotiation-eligi- ble drugs under section 1320f–3(f)(3) of this title. (Aug. 14, 1935, ch. 531, title XI, § 1198, as added and amended Pub. L. 117–169, title I, §§ 11001(a), 11002(a)(5), Aug. 16, 2022, 136 Stat. 1851, 1861.) Editorial Notes AMENDMENTS 2022—Par. (2)

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1321

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