42 U.S.C. § 1323 — Repayable advances to Federal unemploy-

Page 2792 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1323 Subsec. (b)(2)(B). Pub. L. 98–118, § 5(a)(4), substituted ‘‘advances was completed’’ for ‘‘advance was com- pleted’’. Subsec. (b)(3)(A). Pub. L. 98–21, § 514, which directed substitution of ‘‘prior to’’ for ‘‘not later than’’ was exe- cuted, 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 inter- est 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 January 1, 1988’’ after ‘‘April 1, 1982’’. 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, desig- nating provisions constituting subsec. (a) as entire sec- tion, 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 re- payable 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), Aug. 5, 1997, 111 Stat. 604, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall apply to calendar years beginning after the date of the enactment of this Act [Aug. 5, 1997].’’ EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–203, title IX, § 9156(b), Dec. 22, 1987, 101 Stat. 1330–327, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to in- terest paid on advances made on or after the date of the enactment of this Act [Dec. 22, 1987].’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–118, § 5(b), Oct. 11, 1983, 97 Stat. 804, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply to advances made on or after April 1, 1982.’’ EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–248, title II, § 274(b), Sept. 3, 1982, 96 Stat. 558, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to inter- est required to be paid after December 31, 1982.’’ § 1323. Repayable advances to Federal unemploy- ment account There are hereby authorized to be appro- priated to the Federal unemployment account, as repayable advances, such sums as may be nec- essary to carry out the purposes of this sub- chapter. Amounts appropriated as repayable ad- vances shall be repaid by transfers from the Fed- eral unemployment account to the general fund of the Treasury, at such times as the amount in the Federal unemployment account is deter- mined by the Secretary of the Treasury, in con- sultation with the Secretary of Labor, to be ade- quate for such purpose. Any amount transferred as a repayment under this section shall be cred- ited against, and shall operate to reduce, any balance of advances repayable under this sec- tion. Whenever, after the application of sections 1101(f)(3) and 1102(a) of this title with respect to the excess in the employment security adminis- tration 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 ad- vances. Amounts appropriated as repayable ad- vances for purposes of this subsection shall bear interest at a rate equal to the average rate of in- terest, 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. (Aug. 14, 1935, ch. 531, title XII, § 1203, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672; amended Pub. L. 86–778, title V, § 522(a), Sept. 13, 1960, 74 Stat. 979; Pub. L. 91–373, title III, § 304(c), Aug. 10, 1970, 84 Stat. 716; Pub. L. 98–135, title II, § 205(a), Oct. 24, 1983, 97 Stat. 861; Pub. L. 100–203, title IX, § 9155(b), Dec. 22, 1987, 101 Stat. 1330–327.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising the first sen- tence of this section were contained in section 1322(c), act Aug. 14, 1935, ch. 531, title XII, § 1202(c), as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672, prior to amendment by Pub. L. 86–778. AMENDMENTS 1987—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. 1983—Pub. L. 98–135 inserted provision requiring that amounts appropriated as repayable advances be repaid, without interest, by transfers from the Federal unem- ployment account to the general fund of the Treasury, at such times as the amount in the Federal unemploy- ment 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 cred- ited against, and operate to reduce, any balance of ad- vances repayable under this section. 1970—Pub. L. 91–373 inserted reference to section 1102(a) of this title. 1960—Pub. L. 86–778 amended section generally, sub- stituting provisions relating to repayable advances to the Federal unemployment account for former provi- sion defining ‘‘Governor’’ and now incorporated in sec- tion 1324 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–203 applicable to advances made on or after Dec. 22, 1987, see section 9155(d) of Page 2793 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1351 Pub. L. 100–203, set out as a note under section 1103 of this title. RETRANSFER OF AMOUNTS TRANSFERRED FROM FED- ERAL UNEMPLOYMENT ACCOUNT TO EMPLOYMENT SE- CURITY ADMINISTRATION ACCOUNT AS OF SEPTEMBER 30, 1983 Pub. L. 98–135, title II, § 205(b), Oct. 24, 1983, 97 Stat. 861, provided that: ‘‘Any amounts transferred from the Federal unemployment account to the employment se- curity administration account as of September 30, 1983, shall be transferred back to the Federal unemployment account.’’ § 1324. ‘‘Governor’’ defined When used in this subchapter, the term ‘‘Gov- ernor’’ includes the Mayor of the District of Co- lumbia. (Aug. 14, 1935, ch. 531, title XII, § 1204, as added Pub. L. 86–778, title V, § 522(a), Sept. 13, 1960, 74 Stat. 979; amended 1967 Reorg. Plan No. 3, § 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93–198, title IV, § 421, Dec. 24, 1973, 87 Stat. 789.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 1323, act Aug. 14, 1935, ch. 531, title XII, § 1203, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672, prior to amendment by Pub. L. 86–778. Executive Documents TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff. Nov. 3, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, functions of Board of Commissioners of District of Co- lumbia transferred to Commissioner of District of Co- lumbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198. Accordingly, ‘‘Mayor’’ substituted in text for ‘‘Commissioners’’. SUBCHAPTER XIII—RECONVERSION UNEMPLOYMENT BENEFITS FOR SEAMEN §§ 1331 to 1336. Repealed. Pub. L. 98–369, div. B, title VI, § 2663(f), July 18, 1984, 98 Stat. 1168 Section 1331, act Aug. 14, 1935, ch. 531, title XIII, § 1301, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, provided for adminis- tration of this chapter by Secretary of Labor. Section 1332, act Aug. 14, 1935, ch. 531, title XIII, § 1302, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended July 16, 1949, ch. 342, §§ 1–3, 63 Stat. 445, defined ‘‘reconversion period’’, ‘‘compensation’’, ‘‘Federal maritime service’’, and ‘‘Federal maritime wages’’. Section 1333, act Aug. 14, 1935, ch. 531, title XIII, § 1303, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065, related to compensa- tion for seamen, agreements with states, payments in absence of agreements, wage information, and deter- mination of wages. Section 1334, act Aug. 14, 1935, ch. 531, title XIII, § 1304, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, related to review of determinations and reports. Section 1335, act Aug. 14, 1935, ch. 531, title XIII, § 1305, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, related to payments to States, certification of such payments by Secretary of Labor to Secretary of the Treasury, and return of unused funds. Section 1336, act Aug. 14, 1935, ch. 531, title XIII, § 1306, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, related to penalties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 18, 1984, but such repeal shall not be construed as changing or affecting any right, li- ability, status, or interpretation which existed before that date, see section 2664(b) of Pub. L. 98–369, set out as an Effective Date of 1984 Amendment note under sec- tion 401 of this title. SUBCHAPTER XIV—GRANTS TO STATES FOR AID TO PERMANENTLY AND TO- TALLY DISABLED REPEAL OF SUBCHAPTER; INAPPLICABILITY OF RE- PEAL TO PUERTO RICO, GUAM, AND VIRGIN IS- LANDS Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this sub- chapter is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Vir- gin Islands. § 1351. Authorization of appropriations For the purpose of enabling each State to fur- nish financial assistance, as far as practicable under the conditions in such State, to needy in- dividuals eighteen years of age and older who are permanently and totally disabled, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the pur- poses of this subchapter. The sums made avail- able under this section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans for aid to the permanently and totally disabled. (Aug. 14, 1935, ch. 531, title XIV, § 1401, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 555; amended 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836, title III, § 314(a), 70 Stat. 849; Pub. L. 87–543, title I, § 104(c)(4), July 25, 1962, 76 Stat. 186; Pub. L. 97–35, title XXI, § 2184(c)(1), Aug. 13, 1981, 95 Stat. 817.) REPEAL OF SECTION Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands. Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 struck out ‘‘and of encouraging each State, as far as practicable under such conditions, to furnish rehabilitation and other services to help such individuals attain and retain capability for self- support or self-care’’ after ‘‘and totally disabled’’. 1962—Pub. L. 87–543 inserted ‘‘to furnish rehabilita- tion and other services’’ before ‘‘to help such individ- uals’’ and ‘‘or retain capability for’’ after ‘‘attain’’.