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U.S. Code as of:
01/19/04
Section 1321. Eligibility requirements for transfer of funds; reimbursement by State; application; certification; limitation
(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, 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 General Accounting 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) of this section 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).
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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