Source
(Aug. 14, 1935, ch. 531, title IX, § 903, as added Aug. 5, 1954, ch. 657, § 2, 68 Stat. 670; amended Pub. L. 86–778, title V, § 521, Sept. 13, 1960, 74 Stat. 974; Pub. L. 88–31, § 3, May 29, 1963, 77 Stat. 51; Pub. L. 90–430, July 26, 1968, 82 Stat. 447; Pub. L. 91–373, title III, § 305(b), Aug. 10, 1970, 84 Stat. 717; Pub. L. 92–224, § 1, title II, § 204(c), Dec. 29, 1971, 85 Stat. 810, 814; Pub. L. 92–329, § 2(d), June 30, 1972, 86 Stat. 398; Pub. L. 93–368, § 4(b), Aug. 7, 1974, 88 Stat. 420; Pub. L. 94–273, §§ 2(20),
3
(23),
23,
41, Apr. 21, 1976, 90 Stat. 375, 377, 379, 381; Pub. L. 97–248, title I, § 192, Sept. 3, 1982, 96 Stat. 408; Pub. L. 100–203, title IX, § 9155(c), Dec. 22, 1987, 101 Stat. 1330–327; Pub. L. 101–508, title V, § 5021(a), (b), Nov. 5, 1990, 104 Stat. 1388–223; Pub. L. 105–33, title V, § 5403, Aug. 5, 1997, 111 Stat. 603; Pub. L. 107–147, title II, § 209(a)(1), (b), Mar. 9, 2002, 116 Stat. 31; Pub. L. 109–91, title II, § 201, Oct. 20, 2005, 119 Stat. 2093.)
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (a)(2)(B)(i), is classified generally to Title 26, Internal Revenue Code.
The Temporary Extended Unemployment Compensation Act of 2002, referred to in subsec. (d)(2)(A)(i)(I), (3)(B)(i)(II), is title II of
Pub. L. 107–147, Mar. 9, 2002,
116 Stat. 26, which is set out as a note under section
3304 of Title
26, Internal Revenue Code. Section 209(a)(1) of the Act amended this section. For complete classification of this Act to the Code, see Tables.
Section 5402 of Public Law 105–33, referred to in subsec. (d)(2)(A)(i)(II), is section 5402 of
Pub. L. 105–33, title V, Aug. 5, 1997,
111 Stat. 603, which amended section
1102 of this title and enacted provisions set out as a note under section
1102 of this title.
Prior Provisions
A prior section
1103, act Aug. 14, 1935, ch. 531, title IX, § 903,
49 Stat. 640, related to approval and certification of State laws. For further details, see Prior Law note set out preceding section
1101 of this title.
Amendments
2005—Subsec. (e).
Pub. L. 109–91 added subsec. (e).
2002—Subsec. (a)(3).
Pub. L. 107–147, § 209(a)(1)(A), struck out par. (3) which related to disposition of excess amounts remaining in the employment security administration account as of the close of fiscal year 1999, 2000, or 2001.
Subsec. (c)(2).
Pub. L. 107–147, § 209(a)(1)(B), struck out concluding provisions which read as follows: “Any amount allocated to a State under this section for fiscal year 2000, 2001, or 2002 may be used by such State only to pay expenses incurred by it for the administration of its unemployment compensation law, and may be so used by it without regard to any of the conditions prescribed in any of the preceding provisions of this paragraph.”
Subsec. (d).
Pub. L. 107–147, § 209(b), added subsec. (d).
1997—Subsec. (a)(3).
Pub. L. 105–33, § 5403(a), added par. (3).
Subsec. (c)(2).
Pub. L. 105–33, § 5403(b), inserted concluding provisions.
1990—Subsec. (a)(2).
Pub. L. 101–508, § 5021(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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 him to the Secretary of the Treasury before that date on the basis of reports furnished by the States to the Secretary of Labor before September 1, and
“(B) shall bear the same ratio to the total amount to be so transferred as the amount of wages subject to contributions under such State’s unemployment compensation law during the preceding calendar year which have been reported to the State before August 1 bears to the total of wages subject to contributions under all State unemployment compensation laws during such calendar year which have been reported to the States before August 1.”
Subsec. (c)(2).
Pub. L. 101–508, § 5021(b), added subpars. (D) and (E) and struck out former subpar. (D) and last sentence which required a State’s appropriation law to limit the total amount which may be obligated during a twelve-month or transitional period from its account.
1987—Subsec. (a)(1).
Pub. L. 100–203 inserted “and interest” after “all advances”.
1982—Subsec. (c)(2).
Pub. L. 97–248, § 192(a), substituted “thirty-four” for “twenty-four” wherever appearing, and “thirty-fourth” for “twenty-fourth” in provisions following subpar. (D).
Subsec. (c)(3).
Pub. L. 97–248, § 192(b), added par. (3).
1976—Subsec. (a)(2).
Pub. L. 94–273, § 3(23) substituted “October” for “July”.
Subsec. (a)(2)(A).
Pub. L. 94–273, § 2(20), substituted “September” for “June”.
Subsec. (a)(2)(B).
Pub. L. 94–273, § 23, substituted “August” for “May” wherever appearing.
Subsec. (b)(1).
Pub. L. 94–273, § 3(23), substituted “October” for “July”.
Subsec. (c)(2).
Pub. L. 94–273, § 41, in subpar. (D) and provisions following subpar. (D) substituted provisions relating to determination based on a twelve-month period (as prescribed in the law of the State), or during a transitional period of less than twelve months caused by a change in the twelve-month period (as prescribed in the law of the State), for provisions relating to determination based on a fiscal year period.
1974—Subsec. (b)(3).
Pub. L. 93–368 struck out par. (3) which related to reductions in the amount transferable to the account of any State by reason of emergency compensation paid to any individual for a week of unemployment ending after June 30, 1972.
1972—Subsec. (b)(3).
Pub. L. 92–329 inserted provisions relating to reductions in the amount transferable to the account of any State by reason of emergency compensation paid to any individual for a week of unemployment ending after June 30, 1972.
1971—Subsec. (b)(3).
Pub. L. 92–224, § 204(c), added par. (3).
Subsec. (c)(2).
Pub. L. 92–224, § 1, substituted “twenty-four preceding fiscal years” and “such twenty-five fiscal years” for “fourteen preceding fiscal years” and “such fifteen fiscal years” in subpar. (D) of first sentence and “twenty-fourth preceding fiscal year” for “fourteenth preceding fiscal year” in second sentence.
1970—Subsec. (a)(1).
Pub. L. 91–373 inserted references to the limits provided in sections
1102
(a) and
1105
(b)(2) of this title, advances pursuant to section
1105
(d) of this title, and the amount provided in section
1101
(f)(3)(A) of this title.
1968—Subsec. (c).
Pub. L. 90–430 substituted in par. (2)(D)(i) “fourteen” for “nine”, in par. (2)(D)(ii) “fifteen” for “ten”, and in provisions following par. (2)(D) “fourteenth” for “ninth”.
1963—Subsec. (c)(2).
Pub. L. 88–31 substituted “nine preceding fiscal years” for “four preceding fiscal years”, “ten fiscal years” for “five fiscal years” in cl. (D), and “ninth preceding fiscal year” for “fourth preceding fiscal year” in last sentence.
1960—Subsec. (a).
Pub. L. 86–778 substituted provisions of par. (1) for first sentence of the section which read “So much of any amount transferred to the Unemployment Trust Fund at the close of any fiscal year under section
1101
(a) of this title as is not credited to the Federal unemployment account under section
1102 of this title shall be credited (as of the beginning of the succeeding fiscal year) to the accounts of the States in the Unemployment Trust Fund” and designated existing provisions of second sentence as part (2), substituting “transferred” for “credited”, and striking out “on or” before “before” in subpar. (A).
Subsec. (b).
Pub. L. 86–778 redesignated existing provisions as par. (1) and cls. (1) and (2) thereof as subpars. (A) and (B), substituted “section
3304 of title
26” for “section
1603 of title
26”, in two places, and “transfer to such States’ account”, “transferred”, and “transfer” for “crediting to such States’ account”, “credited” and “credit”, respectively, except where already reading “shall transfer”, and added par. (2).
Subsec. (c).
Pub. L. 86–778 substituted “transferred” for “credited”, wherever appearing, “obligation” for “expenditure” in par. (2)(B), “obligated” for “so used” in par. (2)(D), and “obligated for administration” for “used” in concluding par., inserted references to subsection (b) in pars. (1) and (2)(D), and struck out “any of” before “such five fiscal years” in par. (2)(D).
Effective Date of 1990 Amendment
Section 5021(c) of
Pub. L. 101–508 provided that: “The amendments made by this section [amending this section] shall apply to fiscal years beginning after the date of the enactment of this Act [Nov. 5, 1990].”
Effective Date of 1987 Amendment
Section 9155(d) of
Pub. L. 100–203 provided that: “The amendments made by this section [amending this section and sections
1105 and
1323 of this title] shall apply to advances made on or after the date of the enactment of this Act [Dec. 22, 1987].”
Regulations
Pub. L. 109–91, title II, § 203, Oct. 20, 2005,
119 Stat. 2094, provided that: “The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this title [amending this section] and any amendment made by this title.”