§ 49d. — Appropriations; certification for payment to States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC49d]
TITLE 29--LABOR
CHAPTER 4B--FEDERAL EMPLOYMENT SERVICE
Sec. 49d. Appropriations; certification for payment to States
(a) Authorization of appropriations
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) Certification for payment to States
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,
such amounts as the Secretary determines to be necessary for allotment
in accordance with section 49e of this title.
(c) Availability of appropriations
(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.
(June 6, 1933, ch. 49, Sec. 5, 48 Stat. 114; May 10, 1935, ch. 102, 49
Stat. 216; June 29, 1938, ch. 816, 52 Stat. 1244; Sept. 8, 1950, ch.
933, Sec. 2, 64 Stat. 822; Aug. 1, 1956, ch. 852, Sec. 17(b), 70 Stat.
910; Pub. L. 86-778, title V, Sec. 543(c), Sept. 13, 1960, 74 Stat. 987;
Pub. L. 94-566, title I, Sec. 116(c), Oct. 20, 1976, 90 Stat. 2672; Pub.
L. 97-35, title VII, Sec. 702, Aug. 13, 1981, 95 Stat. 521; Pub. L. 97-
300, title VI, Sec. 601(b), formerly title V, Sec. 501(b), Oct. 13,
1982, 96 Stat. 1392; renumbered title VI, Sec. 601(b), Pub. L. 100-628,
title VII, Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; Pub. L.
105-220, title III, Sec. 304, Aug. 7, 1998, 112 Stat. 1081.)
References in Text
The Federal Unemployment Tax Act, referred to in subsec. (b)(1), is
act Aug. 16, 1954, ch. 736, Secs. 3301 to 3311, 68A Stat. 454, as
amended, which is classified generally to chapter 23 (Sec. 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.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-220 effective July 1, 1999, see section 311
of Pub. L. 105-220, set out as a note under section 49a of this title.
Effective Date of 1982 Amendment
Amendment 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 Amendment
Amendment 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
Section 543(c) of Pub. L. 86-778 provided that the amendment made by
that section is effective on and after Jan. 1, 1961.
Suspension of State Appropriation Requirements Until July 1, 1952
Act 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.
Section Referred to in Other Sections
This section is referred to in sections 49c, 49c-1, 49e of this
title; title 39 section 3202.
