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26 U.S.C. § 3305 — Applicability of State law
Federal law — U.S. Code and appendices · legal_authorities
Page 2807
TITLE 26—INTERNAL REVENUE CODE
§ 3305
part that the deletion of ‘‘the Virgin Islands or’’ from
section 202(a)(1) of Pub. L. 91–373, set out above, and the
insertion of ‘‘and the Virgin Islands’’ in section 205(8)
thereof shall take effect on the later of Oct. 1, 1976, or
the day after the day on which the Secretary of Labor
approves under section 3304(a) of this title an unem-
ployment compensation law submitted to him by the
Virgin Islands for approval.]
[Pub. L. 94–566, title II, § 212(b), Oct. 20, 1976, 90 Stat.
2677, provided that: ‘‘The amendment made by this sec-
tion [enacting section 204(a)(4) of Pub. L. 91–373, set out
above] shall apply with respect to compensation paid
for weeks of unemployment beginning on or after Janu-
ary 1, 1979.’’]
[Pub. L. 94–566, title III, § 311(c), Oct. 20, 1976, 90 Stat.
2679, provided that: ‘‘The amendment made by sub-
section (a) of this section [amending section 203(d) of
Pub. L. 91–373, set out above] shall apply to weeks be-
ginning after December 31, 1976, and the amendments
made by subsection (b) of this section [amending sec-
tion 203(e) of Pub. L. 91–373, set out above] shall apply
to weeks beginning after March 30, 1977.’’]
STUDY AND REPORT BY SECRETARY OF LABOR COVERING
EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM
AND SPECIAL UNEMPLOYMENT ASSISTANCE PROGRAM;
REPORT ON OR BEFORE JAN. 1, 1977
Pub. L. 94–45, title I, § 104, June 30, 1975, 89 Stat. 238,
provided that: ‘‘The Secretary of Labor shall conduct a
study and review of the program established by the
Emergency Unemployment Compensation Act of 1974
[Pub. L. 93–572, set out above] and the program estab-
lished under title II of the Emergency Jobs and Unem-
ployment Assistance Act of 1974 [Pub. L. 93–567, title II,
set out above] and sha
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Page 2807
TITLE 26—INTERNAL REVENUE CODE
§ 3305
part that the deletion of ‘‘the Virgin Islands or’’ from
section 202(a)(1) of Pub. L. 91–373, set out above, and the
insertion of ‘‘and the Virgin Islands’’ in section 205(8)
thereof shall take effect on the later of Oct. 1, 1976, or
the day after the day on which the Secretary of Labor
approves under section 3304(a) of this title an unem-
ployment compensation law submitted to him by the
Virgin Islands for approval.]
[Pub. L. 94–566, title II, § 212(b), Oct. 20, 1976, 90 Stat.
2677, provided that: ‘‘The amendment made by this sec-
tion [enacting section 204(a)(4) of Pub. L. 91–373, set out
above] shall apply with respect to compensation paid
for weeks of unemployment beginning on or after Janu-
ary 1, 1979.’’]
[Pub. L. 94–566, title III, § 311(c), Oct. 20, 1976, 90 Stat.
2679, provided that: ‘‘The amendment made by sub-
section (a) of this section [amending section 203(d) of
Pub. L. 91–373, set out above] shall apply to weeks be-
ginning after December 31, 1976, and the amendments
made by subsection (b) of this section [amending sec-
tion 203(e) of Pub. L. 91–373, set out above] shall apply
to weeks beginning after March 30, 1977.’’]
STUDY AND REPORT BY SECRETARY OF LABOR COVERING
EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM
AND SPECIAL UNEMPLOYMENT ASSISTANCE PROGRAM;
REPORT ON OR BEFORE JAN. 1, 1977
Pub. L. 94–45, title I, § 104, June 30, 1975, 89 Stat. 238,
provided that: ‘‘The Secretary of Labor shall conduct a
study and review of the program established by the
Emergency Unemployment Compensation Act of 1974
[Pub. L. 93–572, set out above] and the program estab-
lished under title II of the Emergency Jobs and Unem-
ployment Assistance Act of 1974 [Pub. L. 93–567, title II,
set out above] and shall submit to the Congress not
later than January 1, 1977, a report on such study and
review. Such study and review shall include—
‘‘(1) the employment, economic, and demographic
characteristics of individuals receiving benefits under
either such program,
‘‘(2) the needs of the long-term unemployed for job
counseling, testing, referral and placement services,
skill and apprenticeship training, career-related edu-
cation programs, and public service employment op-
portunities, and
‘‘(3) an examination of all other benefits to which
individuals receiving benefits under either such pro-
gram are eligible together with an investigation of
important factors affecting unemployment, a com-
parison of the aggregate value of such other benefits
plus benefits received under either such program with
the amount of compensation received by such indi-
viduals in their most recent position of employ-
ment.’’
LOANS TO UNEMPLOYMENT FUND OF VIRGIN ISLANDS
Pub. L. 94–45, title III, § 301, June 30, 1975, 89 Stat. 243,
as amended by Pub. L. 94–354, July 12, 1976, 90 Stat. 888;
Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided
that:
‘‘(a) The Secretary of Labor (hereinafter in this sec-
tion referred to as the ‘Secretary’) may make loans to
the Virgin Islands in such amounts as he determines to
be necessary for the payment in any month of com-
pensation under the unemployment compensation law
of the Virgin Islands. A loan may be made under this
subsection for the payment of compensation in any
month only if—
‘‘(1) the Governor of the Virgin Islands submits an
application therefor no earlier than the first day of
the preceding month; and
‘‘(2) such application contains an estimate of the
amount of the loan which will be required by the Vir-
gin Islands for the payment of compensation in such
month.
‘‘(b) For purposes of this section—
‘‘(1) an application for loan under subsection (a)
shall be made on such forms and shall contain such
information and data (fiscal and otherwise) con-
cerning the operation and administration of the un-
employment compensation law of the Virgin Islands
as the Secretary deems necessary or relevant to the
performance of his duties under this section;
‘‘(2) the amount required by the Virgin Islands 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 unemployment fund of the Virgin Is-
lands for the payment of compensation in such
month; and
‘‘(3) the term ‘compensation’ means cash benefits
payable to individuals with respect to their unem-
ployment, exclusive of expenses of administration.
‘‘(c) Any loan made under subsection (a) shall be re-
payable (without interest) not later than January 1,
1979. If after January 1, 1979, any portion of any such
loan remains unpaid, the Virgin Islands shall pay inter-
est thereon, until the loan is paid in full, at a rate
equal to the rate of interest in effect under section 6621
of the Internal Revenue Code of 1986 [formerly I.R.C.
1954]. If at some future date the Federal Unemployment
Tax Act [section 3301 et seq. of this title] shall be made
applicable to the Virgin Islands, then, any amount of
principal or interest due on any such loan remaining
unpaid on such date shall be treated, for purposes of
section 3302(c)(3) of the Internal Revenue Code of 1986,
as an advance made to the Virgin Islands under title
XII of the Social Security Act [42 U.S.C. 1321 et seq.].
‘‘(d) No loan may be made under subsection (a) for
any month beginning after September 30, 1977. The ag-
gregate of the loans which may be made under sub-
section (a) shall not exceed $15,000,000.
‘‘(e) There are authorized to be appropriated from the
general fund of the Treasury such sums as may be nec-
essary to carry out this section.’’
UNEMPLOYMENT COMPENSATION LAW OF COMMONWEALTH
OF PUERTO RICO
Pub. L. 86–778, title V, § 543(b), Sept. 13, 1960, 74 Stat.
986, provided that: ‘‘The unemployment compensation
law of the Commonwealth of Puerto Rico shall be con-
sidered as meeting the requirements of—
‘‘(1) Section 3304(a)(2) of the Federal Unemployment
Tax Act [26 U.S.C. 3304(a)(2)], if such law provides
that no compensation is payable with respect to any
day of unemployment occurring before January 1,
1959.
‘‘(2) Section 3304(a)(3) of the Federal Unemployment
Tax Act [26 U.S.C. 3304(a)(3)] and section 303(a)(4) of
the Social Security Act [42 U.S.C. 503(a)(4)], if such
law contains the provisions required by those sec-
tions and if it requires that, on or before February 1,
1961, there be paid over to the Secretary of the Treas-
ury, for credit to the Puerto Rico account in the Un-
employment Trust Fund, an amount equal to the ex-
cess of—
‘‘(A) the aggregate of the moneys received in the
Puerto Rico unemployment fund before January 1,
1961, over
‘‘(B) the aggregate of the moneys paid from such
fund before January 1, 1961, as unemployment com-
pensation or as refunds of contributions erro-
neously paid.’’
§ 3305. Applicability of State law
(a) Interstate and foreign commerce
No person required under a State law to make
payments to an unemployment fund shall be re-
lieved from compliance therewith on the ground
that he is engaged in interstate or foreign com-
merce, or that the State law does not distin-
guish between employees engaged in interstate
or foreign commerce and those engaged in intra-
state commerce.
(b) Federal instrumentalities in general
The legislature of any State may require any
instrumentality of the United States (other
Page 2808
TITLE 26—INTERNAL REVENUE CODE
§ 3305
than an instrumentality to which section
3306(c)(6) applies), and the individuals in its em-
ploy, to make contributions to an unemploy-
ment fund under a State unemployment com-
pensation law approved by the Secretary of
Labor under section 3304 and (except as provided
in section 5240 of the Revised Statutes, as
amended (12 U.S.C., sec. 484), and as modified by
subsection (c)), to comply otherwise with such
law. The permission granted in this subsection
shall apply (A) only to the extent that no dis-
crimination is made against such instrumen-
tality, so that if the rate of contribution is uni-
form upon all other persons subject to such law
on account of having individuals in their em-
ploy, and upon all employees of such persons, re-
spectively, the contributions required of such
instrumentality or the individuals in its employ
shall not be at a greater rate than is required of
such other persons and such employees, and if
the rates are determined separately for different
persons or classes of persons having individuals
in their employ or for different classes of em-
ployees, the determination shall be based solely
upon unemployment experience and other fac-
tors bearing a direct relation to unemployment
risk; (B) only if such State law makes provision
for the refund of any contributions required
under such law from an instrumentality of the
United States or its employees for any year in
the event such State is not certified by the Sec-
retary of Labor under section 3304 with respect
to such year; and (C) only if such State law
makes provision for the payment of unemploy-
ment compensation to any employee of any such
instrumentality of the United States in the
same amount, on the same terms, and subject to
the same conditions as unemployment com-
pensation is payable to employees of other em-
ployers under the State unemployment com-
pensation law.
(c) National banks
Nothing contained in section 5240 of the Re-
vised Statutes, as amended (12 U.S.C. 484), shall
prevent any State from requiring any national
banking association to render returns and re-
ports relative to the association’s employees,
their remuneration and services, to the same ex-
tent that other persons are required to render
like returns and reports under a State law re-
quiring contributions to an unemployment fund.
The Comptroller of the Currency shall, upon re-
ceipt of a copy of any such return or report of a
national banking association from, and upon re-
quest of, any duly authorized official, body, or
commission of a State, cause an examination of
the correctness of such return or report to be
made at the time of the next succeeding exam-
ination of such association, and shall thereupon
transmit to such official, body, or commission a
complete statement of his findings respecting
the accuracy of such returns or reports.
(d) Federal property
No person shall be relieved from compliance
with a State unemployment compensation law
on the ground that services were performed on
land or premises owned, held, or possessed by
the United States, and any State shall have full
jurisdiction and power to enforce the provisions
of such law to the same extent and with the
same effect as though such place were not
owned, held, or possessed by the United States.
[(e) Repealed. Sept. 1, 1954, ch. 1212, § 4(c), 68
Stat. 1135]
(f) American vessels
The legislature of any State in which a person
maintains the operating office, from which the
operations of an American vessel operating on
navigable waters within or within and without
the United States are ordinarily and regularly
supervised, managed, directed and controlled,
may require such person and the officers and
members of the crew of such vessel to make con-
tributions to its unemployment fund under its
State unemployment compensation law ap-
proved by the Secretary of Labor under section
3304 and otherwise to comply with its unemploy-
ment compensation law with respect to the serv-
ice performed by an officer or member of the
crew on or in connection with such vessel to the
same extent and with the same effect as though
such service was performed entirely within such
State. Such person and the officers and members
of the crew of such vessel shall not be required
to make contributions, with respect to such
service, to the unemployment fund of any other
State. The permission granted by this sub-
section is subject to the condition that such
service shall be treated, for purposes of wage
credits given employees, like other service sub-
ject to such State unemployment compensation
law performed for such person in such State, and
also subject to the same limitation, with respect
to contributions required from such person and
from the officers and members of the crew of
such vessel, as is imposed by the second sen-
tence (other than clause (B) thereof) of sub-
section (b) with respect to contributions re-
quired from instrumentalities of the United
States and from individuals in their employ.
(g) Vessels operated by general agents of United
States
The permission granted by subsection (f) shall
apply in the same manner and under the same
conditions (including the obligation to comply
with all requirements of State unemployment
compensation laws) to general agents of the Sec-
retary of Transportation with respect to service
performed by officers and members of the crew
on or in connection with American vessels—
(1) owned by or bareboat chartered to the
United States, and
(2) whose business is conducted by such gen-
eral agents.
As to any such vessel, the State permitted to re-
quire contributions on account of such service
shall be the State to which the general agent
would make contributions if the vessel were op-
erated for his own account. Such general agents
are designated, for this purpose, instrumental-
ities of the United States neither wholly nor
partially owned by it and shall not be exempt
from the tax imposed by section 3301. The per-
mission granted by this subsection is subject to
the same conditions and limitations as are im-
posed in subsection (f), except that clause (B) of
the second sentence of subsection (b) shall
apply.
Page 2809
TITLE 26—INTERNAL REVENUE CODE
§ 3306
(h) Requirement by State of contributions
Any State may, as to service performed on ac-
count of which contributions are made pursuant
to subsection (g)—
(1) require contributions from persons per-
forming such service under its unemployment
compensation law or temporary disability in-
surance law administered in connection there-
with, and
(2) require general agents of the Secretary of
Transportation to make contributions under
such temporary disability insurance law and
to make such deductions from wages or remu-
neration as are required by such unemploy-
ment compensation or temporary disability
insurance law.
(i) General agent as legal entity
Each general agent of the Secretary of Trans-
portation making contributions pursuant to
subsection (g) or (h) shall, for purposes of such
subsections, be considered a legal entity in his
capacity as an instrumentality of the United
States, separate and distinct from his identity
as a person employing individuals on his own ac-
count.
(j) Denial of credits in certain cases
Any person required, pursuant to the permis-
sion granted by this section, to make contribu-
tions to an unemployment fund under a State
unemployment compensation law approved by
the Secretary of Labor under section 3304 shall
not be entitled to the credits permitted, with re-
spect to the unemployment compensation law of
a State, by subsections (a) and (b) of section 3302
against the tax imposed by section 3301 for any
taxable year if, on October 31 of such taxable
year, the Secretary of Labor certifies to the Sec-
retary of the Treasury his finding, after reason-
able notice and opportunity for hearing to the
State agency, that the unemployment com-
pensation law of such State is inconsistent with
any one or more of the conditions on the basis
of which such permission is granted or that, in
the application of the State law with respect to
the 12-month period ending on such October 31,
there has been a substantial failure to comply
with any one or more of such conditions. For
purposes of section 3310, a finding of the Sec-
retary of Labor under this subsection shall be
treated as a finding under section 3304(c).
(Aug. 16, 1954, ch. 736, 68A Stat. 445; Sept. 1, 1954,
ch. 1212, § 4(c), 68 Stat. 1135; Pub. L. 86–778, title
V, § 531(a), (b), Sept. 13, 1960, 74 Stat. 983; Pub. L.
91–373, title I, § 123, Aug. 10, 1970, 84 Stat. 702;
Pub.
L.
94–455,
title
XIX,
§§ 1903(a)(15),
1906(b)(13)(C), Oct. 4, 1976, 90 Stat. 1809, 1834; Pub.
L. 114–92, div. C, title XXXV, § 3503, Nov. 25, 2015,
129 Stat. 1219.)
Editorial Notes
AMENDMENTS
2015—Subsecs. (g), (h)(2), (i). Pub. L. 114–92 sub-
stituted ‘‘Secretary of Transportation’’ for ‘‘Secretary
of Commerce’’.
1976—Subsec. (g). Pub. L. 94–455, § 1903(a)(15)(A),
struck out ‘‘on or after July 1, 1953,’’ after ‘‘respect to
service performed’’.
Subsec. (h). Pub. L. 94–455, 1903(a)(15)(B), struck out
‘‘on or after July 1, 1953, and’’ after ‘‘as to service per-
formed’’.
Subsec.
(j).
Pub.
L.
94–455,
§§ 1903(a)(15)(C),
1906(b)(13)(C), struck out ‘‘after December 31, 1971,’’
after ‘‘for any taxable year’’ and substituted ‘‘to the
Secretary of the Treasury’’ for ‘‘to the Secretary’’.
1970—Subsec. (j). Pub. L. 91–373 added subsec. (j).
1960—Subsec. (b). Pub. L. 86–778, § 531(a), substituted
‘‘(other than an instrumentality to which section
3306(c)(6) applies)’’ for ‘‘except such as are (1) wholly
owned by the United States, or (2) exempt from the tax
imposed by section 3301 by virtue of any other provi-
sion of law,’’ and added cl. (C).
Subsec. (g). Pub. L. 86–778, § 531(b), substituted ‘‘nei-
ther wholly nor partially’’ for ‘‘not wholly’’.
1954—Subsec. (e). Act Sept. 1, 1954, repealed subsec.
(e) which related to the Bonneville Power Adminis-
trator.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1960 AMENDMENT
Pub. L. 86–778, title V, § 535, Sept. 13, 1960, 74 Stat. 985,
provided that: ‘‘The amendments made by this part
[part 3 (§§ 531–535) of title V of Pub. L. 86–778, enacting
section 3308 and amending this section and section 3306
of this title] (other than the amendments made by sub-
sections (e) and (f) of section 531 [amending sections
1361 and 1367 of Title 42, The Public Health and Wel-
fare]) shall apply with respect to remuneration paid
after 1961 for services performed after 1961. The amend-
ments made by subsections (e) and (f) of section 531
shall apply with respect to any week of unemployment
which begins after December 31, 1960.’’ [The second sen-
tence of section 535 was repealed by Pub. L. 89–554,
§ 8(a), Sept. 6, 1966, 80 Stat. 661.]
EFFECTIVE DATE OF 1954 AMENDMENT
Act Sept. 1, 1954, ch. 1212, § 4(c), 68 Stat. 1135, provided
that the amendment made by that section is effective
with respect to services performed after Dec. 31, 1954.
APPLICABILITY TO FEDERAL LAND BANKS, FEDERAL IN-
TERMEDIATE
CREDIT
BANKS,
AND
BANKS
FOR
CO-
OPERATIVES
Pub. L. 86–778, title V, § 531(g), Sept. 13, 1960, 74 Stat.
984, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095, provided that: ‘‘Notwithstanding section
203(b) of the Farm Credit Act of 1959, sections 3305(b),
3306(c)(6), and 3308 of the Internal Revenue Code of 1986
[formerly I.R.C. 1954], and sections 1501(a) and 1507(a) of
the Social Security Act [sections 1361(a) and 1367 of
Title 42, The Public Health and Welfare] shall be appli-
cable, according to their terms, to the Federal land
banks, Federal intermediate credit banks, and banks
for cooperatives.’’
§ 3306. Definitions
(a) Employer
For purposes of this chapter—
(1) In general
The term ‘‘employer’’ means, with respect to
any calendar year, any person who—
(A) during any calendar quarter in the cal-
endar year or the preceding calendar year
paid wages of $1,500 or more, or
(B) on each of some 20 days during the cal-
endar year or during the preceding calendar
year, each day being in a different calendar
week, employed at least one individual in
employment for some portion of the day.
For purposes of this paragraph, there shall not
be taken into account any wages paid to, or
employment of, an employee performing do-
mestic services referred to in paragraph (3).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** No national bank shall be subject to any visitorial powers except as authorized by Federal law, vested in the courts of justice or such as shall be, or have been exercised or directed by Congress or by either House thereof or by any committee of Congress or of either House duly authorized.
**(b)** Notwithstanding subsection (a), lawfully authorized State auditors and examiners may, at reasonable times and upon reasonable notice to a bank, review its records solely to ensure compliance with applicable State unclaimed property or escheat laws upon reasonable cause to believe that the bank has failed to comply with such laws.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 484
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Federal law — U.S. Code and appendices · legal_authorities
Page 175
TITLE 12—BANKS AND BANKING
§ 486
Editorial Notes
CODIFICATION
R.S. § 5240 derived from act June 3, 1864, ch. 106, § 54,
13 Stat. 116, which was part of the National Bank Act.
See section 38 of this title.
Section is comprised of fifth par. of R.S. § 5240, as
amended. See Codification note set out under section
481 of this title.
AMENDMENTS
1930—Act June 26, 1930, substituted second sentence
‘‘The expense of such examinations may, in the discre-
tion of the Federal Reserve Board, be assessed against
the banks examined, and, when so assessed, shall be
paid by the banks examined.’’ for ‘‘The expense of such
examinations shall be borne by the bank examined.’’
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Section 203(a) of act Aug. 23, 1935, changed name of
Federal Reserve Board to Board of Governors of the
Federal Reserve System.
Executive Documents
EXCEPTION AS TO TRANSFER OF FUNCTIONS
Functions vested by any provision of law in Comp-
troller of the Currency, referred to in this section, not
included in transfer of functions to Secretary of the
Treasury, see note set out under section 1 of this title.
§ 484. Limitation on visitorial powers
(a) No national bank shall be subject to any
visitorial powers except as authorized by Fed-
eral law, vested in the courts of justice or such
as shall be, or have been exercised or directed by
Congress or by either House thereof or by any
committee of Congress or of either House duly
authorized.
(b) Notwithstanding subsection (a), lawfully
authorized State auditors and examiners may,
at reasonable times and upon reasonable notice
to a bank, review its records solely to ensure
compliance with applicable State unclaimed
property or escheat laws upon reasonable cause
to believe that the
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 484
Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 484. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 2773
TITLE 26—INTERNAL REVENUE CODE
§ 3304
‘‘(3) such organization made such an election before
the earlier of—
‘‘(A) the date 18 months after such election was
first available to it under the State law, or
‘‘(B) January 1, 1984,
then [former] section 3303(f) of such Code shall be ap-
plied with respect to such organization as if it did not
contain the requirement that the election be made be-
fore April 1, 1972, and by substituting ‘January 1, 1982’
for ‘January 1, 1969’.’’
§ 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 agen-
cies 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 erro-
neously paid into such fund and except for re-
funds paid in accordance with the provisions
of section 3305(b)) immediately upon such re-
ceipt 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);
(4) all money withdrawn from the unemploy-
ment 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 em-
ployee payments into the unempl
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 3304
Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 3304. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Interstate and foreign commerce** No person required under a State law to make payments to an unemployment fund shall be relieved from compliance therewith on the ground that he is engaged in interstate or foreign commerce, or that the State law does not distinguish between employees engaged in interstate or foreign commerce and those engaged in intrastate commerce.
**(b) Federal instrumentalities in general** The legislature of any State may require any instrumentality of the United States (other than an instrumentality to which section 3306(c)(6) applies), and the individuals in its employ, to make contributions to an unemployment fund under a State unemployment compensation law approved by the Secretary of Labor under section 3304 and (except as provided in section 5240 of the Revised Statutes, as amended (12 U.S.C., sec. 484), and as modified by subsection (c)), to comply otherwise with such law. The permission granted in this subsection shall apply (A) only to the extent that no discrimination is made against such instrumentality, so that if the rate of contribution is uniform upon all other persons subject to such law on account of having individuals in their employ, and upon all employees of such persons, respectively, the contributions required of such instrumentality or the individuals in its employ shall not be at a greater rate than is required of such other persons and such employees, and if the rates are determined separately for different persons or classes of persons having individuals in their employ or for different classes of employees, the determination shall be based solely upon unemployment experience and other factors bearing a direct relation to unemployment risk; (B) only if such State law makes provision for the refund of any contribution
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 3305
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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 other
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1321
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1321. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1321. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Provisions required** The Secretary of Labor shall make no certification for payment to any State unless he finds that the law of such State, approved by the Secretary of Labor 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.], includes provision for—
(1) Such methods of administration (including after January 1, 1940, methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary of Labor shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due; and
(2) Payment of unemployment compensation solely through public employment offices or such other agencies as the Secretary of Labor may approve; and
(3) Opportunity for a fair hearing, before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied; and
(4) The payment of all money received in the unemployment fund of such State (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b) of the Federal Unemployment Tax Act [[26 U.S.C. 3305(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3305/b&num=0&edition=prelim)]), immediately upon such receipt, to the Secretary of the Treasury to the credit of the unemployment trust fund 11 So in original. Probably should be “Unemployment Trust Fund”. established by [section 1104 of this title](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 503
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 503. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2121
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 503
1 So in original. Probably should be ‘‘Unemployment Trust
Fund’’.
section (b) [enacting section 1437r of this title, amend-
ing this section and sections 303, 603, 1203, 1353, and
1396b of this title, section 2025 of Title 7, Agriculture,
and section 1096 of Title 20, Education, and amending
provisions set out as a Puerto Rico, Guam, and Virgin
Islands note under section 1383 of this title] take effect
on October 1, 1987.’’
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 effective July 18, 1984,
but not to be construed as changing or affecting any
right, liability, status, or interpretation which existed
(under the provisions of law involved) before that date,
see section 2664(b) of Pub. L. 98–369, set out as a note
under section 401 of this title.
REPORT ON METHOD OF ALLOCATING ADMINISTRATIVE
FUNDS AMONG STATES
Pub. L. 102–164, title III, § 304, Nov. 15, 1991, 105 Stat.
1061, as amended by Pub. L. 102–318, title V, § 533, July
3, 1992, 106 Stat. 317, provided that:
‘‘(a) IN GENERAL.—The Secretary of Labor shall sub-
mit to the Congress, before December 31, 1994, a com-
prehensive report setting forth a proposal for revising
the method of allocating grants among the States
under section 302 of the Social Security Act [42 U.S.C.
502].
‘‘(b) SPECIFIC REQUIREMENTS.—The report required by
subsection (a) shall include an analysis of—
‘‘(1) the use of unemployment insurance workload
levels as the primary factor in allocating grants
among the States under section 302 of the Social Se-
curity Act [42 U.S.C. 502],
‘‘(2) ways to ensure that each State receive not less
than a minimum grant amount for each fiscal year,
‘‘(3) the use of nationally available objective data
to determine t
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 503
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 503. This identifies an authority to review, not proof of applicability.