Laws: Cases and Codes : U.S. Code : Title 42 : Section 1321
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U.S. Code as of:
01/19/04
Section 1321 - Notes
SOURCE
(Aug. 14, 1935, ch. 531, title XII, Sec. 1201, as added Oct. 3,
1944, ch. 480, title IV, Sec. 402, 58 Stat. 790; amended Aug. 6,
1947, ch. 510, Sec. 5(b), 61 Stat. 794; 1949 Reorg. Plan No. 2,
Sec. 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065; Aug. 28,
1950, ch. 809, title IV, Sec. 404(a), 64 Stat. 560; Aug. 5, 1954,
ch. 657, Sec. 3, 68 Stat. 671; Pub. L. 86-778, title V, Sec.
522(a), Sept. 13, 1960, 74 Stat. 978; Pub. L. 94-566, title II,
Sec. 213(a)-(c), Oct. 20, 1976, 90 Stat. 2677; Pub. L. 97-35, title
XXIV, Sec. 2407(b)(1), Aug. 13, 1981, 95 Stat. 880.)
AMENDMENTS
1981 - Subsec. (a)(1). Pub. L. 97-35 substituted "with interest
to the extent provided in section 1322(b) of this title" for
"without interest".
1976 - Subsec. (a)(1). Pub. L. 94-566, Sec. 213(a), substituted
"any 3-month period" for "any month" in provisions preceding
subpar. (A), "the month preceding the first month of such 3-month
period" for "the preceding month" in subpar. (A), and "each month
of such 3-month period" for "such month" in subpar. (B).
Subsec. (a)(2). Pub. L. 94-566, Sec. 213(b), substituted "any
3-month period" for "any month" in provisions preceding subpar. (A)
and following subpar. (B), and "each month of such 3-month period"
for "such month" in subpar. (A) and provisions following subpar.
(B).
Subsec. (b). Pub. L. 94-566, Sec. 213(c), provided that the
transfer of amounts by the Secretary of the Treasury from the
Federal unemployment account to the account of the States in the
Unemployment Trust Fund be made in monthly installments and that
the amount of any monthly installment so transferred not exceed the
amount estimated by the State to be required for the payment of
compensation for the month with respect to which the installment is
made.
1960 - Subsec. (a). Pub. L. 86-778 amended subsec. (a) generally,
substituting provisions relating to advances on a monthly basis
upon application of the Governor and the furnishing of an estimate
of amount of requisite advance and determination and certification
by the Secretary of Labor of the requisite amount limited to a sum
which is available in the Federal unemployment account for advances
for the month for former provisions relating to advances on a
quarterly basis upon application of the Governor for a specified
amount not to exceed the highest total compensation paid out under
the unemployment compensation law of the State during any one of
the four calendar quarters preceding the quarter in which the
application is made, where the balance in the unemployment fund of
the State in the Unemployment Trust Fund at the close of Sept. 30,
1953, or the last day in any ensuing calendar quarter is less than
the total compensation paid out under the unemployment compensation
law of the State during the twelve-month period at the close of
such day; incorporating former provisions of subsec. (b), relating
to repayment of advances, in par. (1), inserting provision for
repayment under section 1103(b)(2) of this title, and provisions
formerly designated as cl. (A) and (B) in par. (3)(A) and (C); and
adding par. (3)(B).
Subsec. (b). Pub. L. 86-778 amended subsec. (b) generally,
striking out provision for repayment of advances which is now
incorporated in subsec. (a)(1) in the reference to repayment under
sections 1101(d)(1) and 1322 of this title.
1954 - Act Aug. 5, 1954, amended section generally to provide
that: (1) the first condition of eligibility for an advance is that
the balance in the State unemployment fund at the close of a
calendar quarter be less than the total of cash payments made by
the State to individuals during the 12-month period which ends with
such quarter; (2) the Governor of the State must apply for an
advance during the quarter following the quarter specified in
paragraph (1) of this section; and (3) the total amount certified
for any one application may not exceed the amount paid out by the
State for cash benefits in that particular quarter.
1950 - Subsec. (a). Act Aug. 28, 1950, substituted "January 1,
1952" for "January 1, 1950".
1947 - Subsec. (a). Act Aug. 6, 1947, substituted "June 30, 1947"
for "June 30, 1945" and "January 1, 1950" for "July 1, 1947".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1101, 1104, 1322 of this
title.
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