42 U.S.C. § 1321 — Eligibility requirements for transfer of

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). Pub. L. 117–169, § 11002(a)(5), which di- rected the amendment of subsec. (b)(2) of this section by inserting ‘‘the application of section 1320f–1(f) of this title,’’ after ‘‘section 1320f–1(e) of this title’’, was exe- cuted by making the insertion in par. (2) to reflect the probable intent of Congress. SUBCHAPTER XII—ADVANCES TO STATE UNEMPLOYMENT FUNDS § 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 ad- vance to a State for the payment of compensa- tion in any 3-month period may be made if— (A) the Governor of the State applies there- for no earlier than the first day of the month preceding the first month of such 3-month pe- riod, 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 ad- vance 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 esti- mated by the Governor of the State) deter- mined 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 Sec- retary of Labor is available in the Federal un- employment 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 in- formation and data (fiscal and otherwise) con- cerning the operation and administration of the State unemployment compensation law, as the Secretary of Labor deems necessary or rel- evant 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 contin- gencies and taking into account all other amounts that will be available in the State’s unemployment fund for the payment of com- pensation 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 Government Ac- countability Office, transfer in monthly install- ments from the Federal unemployment account to the account of the State in the Unemploy- ment Trust Fund the amount certified under subsection (a) 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 trans- ferred shall not exceed the amount estimated by the State to be required for the payment of com- pensation for the month with respect to which such installment is made. (Aug. 14, 1935, ch. 531, title XII, § 1201, as added Oct. 3, 1944, ch. 480, title IV, § 402, 58 Stat. 790; amended Aug. 6, 1947, ch. 510, § 5(b), 61 Stat. 794; 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065; Aug. 28, 1950, ch. 809, title IV, § 404(a), 64 Stat. 560; Aug. 5, 1954, ch. 657, § 3, 68 Stat. 671; Pub. L. 86–778, title V, § 522(a), Sept. 13, 1960, 74 Stat. 978; Pub. L. 94–566, title II, Page 2789 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1321 § 213(a)–(c), Oct. 20, 1976, 90 Stat. 2677; Pub. L. 97–35, title XXIV, § 2407(b)(1), Aug. 13, 1981, 95 Stat. 880; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes AMENDMENTS 2004—Subsec. (b). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 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, § 213(a), sub- stituted ‘‘any 3-month period’’ for ‘‘any month’’ in pro- visions 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, § 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, § 213(c), provided that the transfer of amounts by the Secretary of the Treasury from the Federal unemployment account to the ac- count 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 re- spect 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 req- uisite advance and determination and certification by the Secretary of Labor of the requisite amount limited to a sum which is available in the Federal unemploy- ment 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), in- serting 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) gen- erally, striking out provision for repayment of ad- vances 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 individ- uals 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 speci- fied in paragraph (1) of this section; and (3) the total amount certified for any one application may not ex- ceed the amount paid out by the State for cash benefits in that particular quarter. 1950—Subsec. (a). Act Aug. 28, 1950, substituted ‘‘Jan- uary 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–566, title II, § 213(d), Oct. 20, 1976, 90 Stat. 2678, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 20, 1976].’’ EFFECTIVE DATE OF 1950 AMENDMENT Amendment by act Aug. 28, 1950, effective Jan. 1, 1950, see section 404(c) of act Aug. 28, 1950, set out as a note under section 1104 of this title. TERMINATION DATE Act Aug. 6, 1947, ch. 510, § 4, 61 Stat. 794, provided that: ‘‘Section 603 of the War Mobilization and Recon- version Act of 1944 [section 1651 note of the former Ap- pendix to Title 50, War and National Defense] (termi- nating the provisions of such Act [sections 1651 to 1678 of the former Appendix to Title 50] on June 30, 1947) shall not be applicable in the case of the amendments made by title IV of such Act [sections 1666 and 1667 of the former Appendix to Title 50] to the Social Security Act [this section and section 1104 of this title].’’ APPLICATIONS FOR TRANSFER OF FUNDS UNDER FORMER PROVISIONS OF SECTION 1321(a); LIMITATIONS Pub. L. 86–778, title V, § 522(b), Sept. 13, 1960, 74 Stat. 979, provided that: ‘‘(1) No amount shall be transferred on or after the date of the enactment of this Act [Sept. 13, 1960] from the Federal unemployment account to the account of any State in the Unemployment Trust Fund pursuant to any application made under section 1201(a) of the So- cial Security Act [42 U.S.C. 1321(a)] as in effect before such date; except that, if— ‘‘(A) some but not all of an amount certified by the Secretary of Labor to the Secretary of the Treasury for transfer to the account of any State was trans- ferred to such account before such date, and ‘‘(B) the Governor of such State, after the date of the enactment of this Act [Sept. 13, 1960], requests the Secretary of the Treasury to transfer all or any part of the remainder to such account, the Secretary of the Treasury shall, prior to audit or settlement by the General Accounting Office [now Gov- ernment Accountability Office], transfer from the Fed- eral unemployment account to the account of such State in the Unemployment Trust Fund the amount so requested or (if smaller) the amount available in the Federal unemployment account at the time of the transfer. No such amount shall be transferred under this paragraph after the one-year period beginning on the date of the enactment of this Act [Sept. 13, 1960]. ‘‘(2) For purposes of section 3302(c) of the Federal Un- employment Tax Act [section 3302(c) of Title 26, Inter- nal Revenue Code] and titles IX and XII of the Social Security Act [42 U.S.C. 1101 et seq., 1321 et seq.], if any amount is transferred pursuant to paragraph (1) to the unemployment account of any State, such amount shall be treated as an advance made before the date of the enactment of this Act [Sept. 13, 1960].’’ ADVANCES TO ALASKA Act June 1, 1955, ch. 118, 69 Stat. 81, authorized the Governor of Alaska to obtain from the Federal Unem- ployment Fund such advances as the Territory of Alas- ka might qualify for and as might be necessary to ob- tain for the payment of unemployment compensation benefits to claimants entitled thereto under the Alaska employment security law and provided for the reim- bursement of the general fund of the Territory of Alas- ka from which advances have been made for the pay- ment of unemployment compensation benefits from ad- Page 2790 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1322 vances made through the Governor of Alaska from the Federal Unemployment Fund. § 1322. Repayment by State; certification; trans- fer; interest on loan; credit of interest on loan (a) Repayment by State; certification; transfer The Governor of any State may at any time request that funds be transferred from the ac- count of such State to the Federal unemploy- ment account in repayment of part or all of that balance of advances, made to such State under section 1321 of this title, specified in the request. The Secretary of Labor shall certify to the Sec- retary of the Treasury the amount and balance specified in the request; and the Secretary of the Treasury shall promptly transfer such amount in reduction of such balance. (b) Interest on loan (1) Except as otherwise provided in this sub- section, each State shall pay interest on any ad- vance made to such State under section 1321 of this title. Interest so payable with respect to pe- riods during any calendar year shall be at the rate determined under paragraph (4) for such calendar year. (2) No interest shall be required to be paid under paragraph (1) with respect to any advance or advances made during any calendar year if— (A) such advances are repaid in full before the close of September 30 of the calendar year in which the advances were made, (B) no other advance was made to such State under section 1321 of this title during such cal- endar year and after the date on which the re- payment of the advances was completed, and (C) such State meets funding goals, estab- lished under regulations issued by the Sec- retary of Labor, relating to the accounts of the States in the Unemployment Trust Fund. (3)(A) Interest payable under paragraph (1) which was attributable to periods during any fis- cal year shall be paid by the State to the Sec- retary of the Treasury prior to the first day of the following fiscal year. If interest is payable under paragraph (1) on any advance (hereinafter in this subparagraph referred to as the ‘‘first ad- vance’’) by reason of another advance made to such State after September 30 of the calendar year in which the first advance was made, inter- est on such first advance attributable to periods before such September 30 shall be paid not later than the day after the date on which the other advance was made. (B) Notwithstanding subparagraph (A), in the case of any advance made during the last 5 months of any fiscal year, interest on such ad- vance attributable to periods during such fiscal year shall not be required to be paid before the last day of the succeeding taxable year. Any in- terest the time for payment of which is deferred by the preceding sentence shall bear interest in the same manner as if it were an advance made on the day on which it would have been required to be paid but for this subparagraph. (C)(i) In the case of any State which meets the requirements of clause (ii) for any calendar year, any interest otherwise required to be paid under this subsection during such calendar year shall be paid as follows— (I) 25 percent of the amount otherwise re- quired to be paid on or before any day during such calendar year shall be paid on or before such day; and (II) 25 percent of the amount otherwise re- quired to be paid on or before such day shall be paid on or before the corresponding day in each of the 3 succeeding calendar years. No interest shall accrue on such deferred inter- est. (ii) A State meets the requirements of this clause for any calendar year if the rate of in- sured unemployment (as determined for pur- poses of section 203 of the Federal-State Ex- tended Unemployment Compensation Act of 1970) under the State law of the period con- sisting of the first 6 months of the preceding cal- endar year equaled or exceeded 7.5 percent. (4) The interest rate determined under this paragraph with respect to any calendar year is a percentage (but not in excess of 10 percent) de- termined by dividing— (A) the aggregate amount credited under section 1104(e) of this title to State accounts on the last day of the last calendar quarter of the immediately preceding calendar year, by (B) the aggregate of the average daily bal- ances of the State accounts for such quarter as determined under section 1104(e) of this title. (5) Interest required to be paid under para- graph (1) shall not be paid (directly or indi- rectly) by a State from amounts in its unem- ployment fund. If the Secretary of Labor deter- mines that any State action results in the pay- ing of such interest directly or indirectly (by an equivalent reduction in State unemployment taxes or otherwise) from such unemployment fund, the Secretary of Labor shall not certify such State’s unemployment compensation law under section 3304 of the Internal Revenue Code of 1986. Such noncertification shall be made in accordance with section 3304(c) of such Code. (6)(A) For purposes of paragraph (2), any vol- untary repayment shall be applied against ad- vances made under section 1321 of this title on the last made first repaid basis. Any other re- payment of such an advance shall be applied against advances on a first made first repaid basis. (B) For purposes of this paragraph, the term ‘‘voluntary repayment’’ means any repayment made under subsection (a). (7) This subsection shall only apply to ad- vances made on or after April 1, 1982. (8)(A) With respect to interest due under this section on September 30 of 1983, 1984, or 1985 (other than interest previously deferred under paragraph (3)(C)), a State may pay 80 percent of such interest in four annual installments of at least 20 percent beginning with the year after the year in which it is otherwise due, if such State meets the criteria of subparagraph (B). No interest shall accrue on such deferred interest. (B) To meet the criteria of this subparagraph a State must— (i) have taken no action since October 1, 1982, which would reduce its net unemploy- ment tax effort or the net solvency of its un- employment system (as determined for pur- poses of section 3302(f) of the Internal Revenue Code of 1986); and