Labor - 29 USC Section 49d

01/19/04

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.

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.

Last modified: April 16, 2006