(a) funds in the Federal Hospital Insurance Trust Fund; (b) funds in the Federal Supplementary Medical Insurance Trust Fund; and (c) funds appropriated to carry out the health care provisions of the several titles of this Act; in such amounts from each of the sources of funds (referred to in subsections (a), (b), and (c)) as the Secretary shall deem to be fair and equitable after taking into consideration the costs attributable to the administration of this part with respect to each of such plans and programs. The Secretary shall make such transfers of moneys between the funds, referred to in clauses (a), (b) and (c) of the preceding sentence, as may be appropriate to settle accounts between them in cases where expenses properly payable from the funds described in one such clause have been paid from funds described in another of such clauses.1 Technical Assistance to Organizations Desiring To Be Designated as Professional Standards Review Organizations Sec. 1169. The Secretary is authorized to provide all necessary technical and other assistance (including the preparation of prototype plans of organization and operation) to organizations described in section 1152 (b) (1) which (a) express a desire to be designated as a Professional Standards Review Organization; and (b) the Secretary determines have a potential for meeting the requirements of a Professional Standards Review Organization; to assist such organizations in developing a proper plan to be submitted to the Secretary and otherwise in preparing to meet the requirements of this part for designation as a Professional Standards Review Organization. Exemptions of Christian Science Sanatoriums Sec. 1170. The provisions of this part shall not apply with respect to a Christian Science sanatorium operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts. 1 The last sentence of section 1168 added by section 112 of Public Law 94-182 effective February 1, 1976. 71-402 O-77-23 TITLE XII-ADVANCES TO STATE UNEMPLOYMENT FUNDS Sec. 1201. Advance to State Unemployment Funds___ Sec. 1202. Repayment by States of Advances to State Unemployment Funds Sec. 1203. Advances to Federal Unemployment Account.... Advance to State Unemployment Funds 2 Page 1 347 348 348 349 Section 1201. (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, without interest, in the manner provided in sections 901 (d) (1), 903 (b) (2), and 1202. 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 3month 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 1 This table does not appear in the law. 2 Section 1201 was amended by section 213 of P.L. 94-566. wise) 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 title, (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) 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 903 (b) (1)). 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. Repayment by States of Advances to State Unemployment Funds Sec. 1202. The Governor of any State may at any time request that funds be transferred from the account of such State to the Federal unemployment account in repayment of part or all of that balance of advances, made to such State under section 1201, specified in the request. The Secretary of Labor shall certify to the Secretary 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. Advances to Federal Unemployment Account Sec. 1203. There are hereby authorized to be appropriated to the Federal unemployment account, as repayable advances (without interest), such sums as may be necessary to carry out the purposes of this title. Whenever, after the application of sections 901 (f) (3) and 902(a) with respect to the excess in the employment security administration account as of the close of any fiscal year, there remains any portion of such excess, so much of such remainder as does not exceed the balance of advances made pursuant to this section shall be transferred to the general fund of the Treasury and shall be credited against, and shall operate to reduce, such balance of advances. |