§49d — Title 29 Labor | U.S. Code

Summary

Congress may provide money from the Treasury as needed to carry out the programs in this chapter. The Secretary must tell the Treasury to pay each State that meets three conditions: (1) except Guam, the State has an unemployment law approved under the Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.) and meets section 503 of title 42, (2) the State coordinates public job services with unemployment claimant services, and (3) the State follows the rules of this chapter. Starting with fiscal year 1985, funds are tracked by a program year that begins July 1. Money committed for a program year can be spent during that program year and the next two program years, and funds won’t be pulled back if spending matches the program plan.

Title 29, §49d

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(a)There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts from time to time as the Congress may deem necessary to carry out the purposes of this chapter.

(b)The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State which—

(1)except in the case of Guam, has an unemployment compensation law approved by the Secretary under the Federal Unemployment Tax Act [26 U.S.C. 3301 et seq.] and is found to be in compliance with section 503 of title 42,

(2)is found to have coordinated the public employment services with the provision of unemployment insurance claimant services, and

(3)is found to be in compliance with this chapter,

(c)(1)Beginning with fiscal year 1985 and thereafter appropriations for any fiscal year for programs and activities assisted or conducted under this chapter shall be available for obligation only on the basis of a program year. The program year shall begin on July 1 in the fiscal year for which the appropriation is made.

(2)Funds obligated for any program year may be expended by the State during that program year and the two succeeding program years and no amount shall be deobligated on account of a rate of expenditure which is consistent with the program plan.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Unemployment Tax Act, referred to in subsec. (b)(1), is act Aug. 16, 1954, ch. 736, §§ 3301 to 3311, 68A Stat. 454, which is classified generally to chapter 23 (§ 3301 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3311 of Title 26 and Tables.

Amendments

1998—Subsec. (c)(3). Pub. L. 105–220 struck out par. (3) which read as follows: “(3)(A) Appropriations for fiscal year 1984 shall be available both to fund activities for the period between

October 1, 1983, and

July 1, 1984, and for the program year beginning

July 1, 1984. “(B) There are authorized to be appropriated such additional sums as may be necessary to carry out the provisions of this paragraph for the transition to program year funding.” 1982—Subsec. (b). Pub. L. 97–300 added subsec. (b). Former subsec. (b), which related to certification of compliance by the Secretary to the Secretary of the Treasury with regard to the Federal Unemployment Tax Act by State programs and payment of monies for the operation of the State systems, was struck out. Subsec. (c). Pub. L. 97–300 added subsec. (c). 1981—Subsec. (b). Pub. L. 97–35 inserted provisions authorizing appropriations for fiscal year beginning Oct. 1, 1981, and definition of “proper and efficient administration of its public employment offices”. 1976—Subsec. (b). Pub. L. 94–566 substituted “Guam” for “Guam and the Virgin Islands”. 1960—Subsec. (b). Pub. L. 86–778 substituted “Guam and the Virgin Islands” for “Puerto Rico, Guam, and the Virgin Islands”. 1956—Subsec. (b). Act Aug. 1, 1956, inserted “Guam” after “Puerto Rico”. 1950—Subsec. (a). Act, Sept. 8, 1950, struck out apportionment formula and requirement that States match the funds granted them. 1938—Subsec. (a). Act

June 29, 1938, substituted “The annual appropriation under this chapter shall designate the amount to” for “Seventy-five per centum of the amounts appropriated under this chapter shall”, at beginning of second sentence, and “the said amount among the several States” for “said 75 per centum of amounts appropriated after

January 1, 1935, under this chapter” in proviso. 1935—Subsec. (a). Act

May 10, 1935, inserted proviso.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–220 effective July 1, 1999, see section 311 of Pub. L. 105–220, formerly set out as a note under section 49a of this title.

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–300 effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97–300, which was formerly classified to section 1591(i) of this title.

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–566 effective on later of Oct. 1, 1976, or day after day on which Secretary of Labor approves under section 3304(a) of Title 26, Internal Revenue Code, an unemployment compensation law submitted to him by Virgin Islands for approval, see section 116(f)(1) of Pub. L. 94–566, set out as a note under section 3304 of Title 26.

Effective Date

of 1960 Amendment Pub. L. 86–778, title V, § 543(c), Sept. 13, 1960, 74 Stat. 987, provided that the amendment made by that section is effective on and after Jan. 1, 1961. Suspension of State Appropriation Requirements Until

July 1, 1952Act Sept. 6, 1950, ch. 896, Ch. V, title I, 64 Stat. 643, provided in part that: “No State shall be required to make any appropriation as provided in section 5(a) of said Act of

June 6, 1933 [subsec. (a) of this section], prior to

July 1, 1952.” Similar provisions suspending the requirement until

July 1, 1950 were contained in acts

June 16, 1948, ch. 472, title I, 62 Stat. 445;

June 29, 1949, ch. 275, title II, 63 Stat. 284.

§49d Appropriations; certification for payment to States

Summary

Title 29, §49d

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

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