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Title 29 — Labor

Chapter 4B — Federal Employment Service

§ 49d. Appropriations; certification for payment to States

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 73–49 § 5 · 48 Stat. 113

    Enacted · 29 U.S.C. § 49d

    June 6, 1933, ch. 49, § 5, 48 Stat. 114

    Source evidence

    Code source credit
    June 6, 1933, ch. 49, § 5, 48 Stat. 114

    Enacted provision · exact public law section
    Sec. 5. (a) For the purpose of carrying out the provisions of this Act there is hereby authorized to be appropriated (1) the sum of $1,500,000 for the fiscal year ending June 30, 1934, (2) $4,000,000 for each fiscal year thereafter up to and including the fiscal year ending June 30, 1938, (3) and thereafter such sums annually as the Congress may deem necessary. Seventy-five per Apportionment among States. centum of the amounts appropriated under this Act shall be apportioned by the director among the several States in the proportion which their population bears to the total population of the States of the United States according to the next preceding United States Use in establishing, etc., public employment offices. census, to be available for the purpose of establishing and maintaining systems of public employment offices in the several States and the political subdivisions thereof in accordance with the provisions Payments to States. Restriction on. of this Act. No payment shall be made in any year out of the amount of such appropriations apportioned to any State until an equal sum has been appropriated or otherwise made available for that year by the State, or by any agency thereof, including appropriations made by local subdivisions, for the purpose of maintaining public employment offices as a part of a State-controlled system of public employment offices; except that the amounts so appropriated by the State shall not be less than 25 per centum of the apportionment according to population made by the director for Minimum. such State for the current year, and in no event less than $5,000. The balance of the amounts appropriated under this Act shall be Administration, etc., expenses. available for all the purposes of this Act other than for apportionment among the several States as herein provided. (b) The amounts apportioned to any State for any fiscal year Apportionments available through succeeding fiscal year; exception. shall be available for payment to and expenditure by such State, for the purposes of this Act, until the close of the next succeeding fiscal year; except that amounts apportioned to any State for any fiscal year preceding the fiscal year during which is commenced the first regular session of the legislature of such State held after the enactment of this Act shall remain available for payment to and expenditure by such State until the close of the fiscal year next succeeding that in which such session is commenced. Subject to the Reapportionment of unexpended balances. foregoing limitations, any amount so apportioned unexpended at the end of the period during which it is available for expenditure under this Act shall, within sixty days thereafter, be reapportioned for the current fiscal year among all the States in the same manner and on the same basis, and certified to the Secretary of the Treasury and treasurers of the States in the same manner, as if it were being apportioned under this Act for the first time.

  2. Public Law not identified

    Inserted · 29 U.S.C. § 49d(a)

    Subsec. (a). Act May 10, 1935, inserted proviso

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a). Act May 10, 1935, inserted proviso.

  3. Public Law not identified

    1. Substituted · 29 U.S.C. § 49d(a)

      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” in proviso

    2. Substituted · 29 U.S.C. § 49d(a)

      Subsec. (a). Act June 29, 1938, substituted “the said amount among the several States” for “said 75 per centum of amounts appropriated after January 1, 1935, under this chapter” in proviso

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    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.

  4. Public Law not identified

    Struck · 29 U.S.C. § 49d(a)

    Subsec. (a). Act, Sept. 8, 1950, struck out apportionment formula and requirement that States match the funds granted them

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a). Act, Sept. 8, 1950, struck out apportionment formula and requirement that States match the funds granted them.

  5. Public Law not identified

    Inserted · 29 U.S.C. § 49d(b)

    Subsec. (b). Act Aug. 1, 1956, inserted “Guam” after “Puerto Rico”

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Act Aug. 1, 1956, inserted “Guam” after “Puerto Rico”.

  6. Social Security Amendments of 1960

    Pub. L. 86–778 title V § 543(c) · 74 Stat. 924

    Substituted · 29 U.S.C. § 49d(b)

    Pub. L. 86–778 substituted “Guam and the Virgin Islands” for “Puerto Rico, Guam, and the Virgin Islands”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 86–778 substituted “Guam and the Virgin Islands” for “Puerto Rico, Guam, and the Virgin Islands”.

    Enacted provision · exact public law section
    (c) Effective on and after January 1, 1961, sect ion 5(b) of the Act of June 6, 1933, as amended (29 U.S.C., sec. 49d(b)), is amended by 48 Stat. 114. striking out “Puerto Rico, Guam,” and inserting in lieu thereof “Guam”.

  7. Unemployment Compensation Amendments of 1976

    Pub. L. 94–566 title I § 116(c) · 90 Stat. 2667

    Substituted · 29 U.S.C. § 49d(b)

    Pub. L. 94–566 substituted “Guam” for “Guam and the Virgin Islands”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–566 substituted “Guam” for “Guam and the Virgin Islands”.

    Enacted provision · exact public law section
    (c) Amendment Relating to the Federal Employment Service.— Section 5(b) of the Act entitled “An Act to provide for the establishment of a national employment system and for cooperation with the States for the promotion of such system, and for other purposes”, approved June 6, 1933 (29 U.S.C. 49d(b)), is amended by striking out “Guam and the Virgin Islands” and inserting in lieu thereof “Guam”.

  8. Pub. L. 97–35 title VII § 702 · 95 Stat. 357

    Inserted · 29 U.S.C. § 49d(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    Sec. 702. the wagner-peyser act Section 5(b) of the Act of June 6, 1933 (commonly known as the Wagner-Peyser Act), is amended by inserting before the period 29 USC 49d. at the end thereof a comma and the following: “but not to exceed $677,800,000 in the fiscal year beginning October 1, 1981. For purposes of this subsection, the term ‘proper and efficient administration of its public employment offices’ shall mean only such functions as are necessary to carry out the provisions of this Act and shall not include functions authorized or required under the Internal Revenue Code of 1954, the Immigration and Nationality Act, or chapter 41 of 26 USC 1 et seq; 8 USC 1101 et seq.; 38 USC 2001 et seq. title 38, United States Code.”.

  9. Job Training Partnership Act

    Pub. L. 97–300 title VI § 601(b) · 96 Stat. 1322

    Struck · 29 U.S.C. § 49d(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

    Source evidence

    Code amendment note
    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.

  10. Job Training Partnership Act

    Pub. L. 97–300 title VI § 601(b) · 96 Stat. 1322

    Added · 29 U.S.C. § 49d(c)

    Pub. L. 97–300 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–300 added subsec. (c).

  11. Workforce Investment Act of 1998

    Pub. L. 105–220 title III § 304 · 112 Stat. 936

    Struck · 29 U.S.C. § 49d(c)(3)

    Pub. L. 105–220 struck out par. (3) which read as follows:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 304. APPROPRIATIONS. Section 5(c) of the Wagner-Peyser Act (29 U.S.C. 49d(c)) is amended by striking paragraph (3).

    Effective date note
    Amendment 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.

5 of 12 references resolved to an enrolled provision · 2 partial · 5 unresolved

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.

Amendments1935–1998 · 9 rounds

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 , and , and for the program year beginning .

“(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 , 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 , inserted “Guam” after “Puerto Rico”.

1950

Subsec. (a). Act, , struck out apportionment formula and requirement that States match the funds granted them.

1938

Subsec. (a). Act , 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 , under this chapter” in proviso.

1935

Subsec. (a). Act , inserted proviso.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–220 effective , see section 311 of Pub. L. 105–220, formerly set out as a note under section 49a of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–300 effective , 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 , 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), , 74 Stat. 987, provided that the amendment made by that section is effective on and after .

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 [subsec. (a) of this section], prior to .”

Similar provisions suspending the requirement until were contained in acts June 16, 1948, ch. 472, title I, 62 Stat. 445; June 29, 1949, ch. 275, title II, 63 Stat. 284.

Credits

1933–1998 · 11 acts
  1. 1933June 6, 1933, ch. 49, § 5, 48 Stat. 114
  2. 1935May 10, 1935, ch. 102, 49 Stat. 216
  3. 1938June 29, 1938, ch. 816, 52 Stat. 1244
  4. 1950Sept. 8, 1950, ch. 933, § 2, 64 Stat. 822
  5. 1956Aug. 1, 1956, ch. 852, § 17(b), 70 Stat. 910
  6. 1960Pub. L. 86–778, title V, § 543(c), , 74 Stat. 987
  7. 1976Pub. L. 94–566, title I, § 116(c), , 90 Stat. 2672
  8. 1981Pub. L. 97–35, title VII, § 702, , 95 Stat. 521
  9. 1982Pub. L. 97–300, title VI, § 601(b), formerly title V, § 501(b), , 96 Stat. 1392
  10. 1988renumbered title VI, § 601(b), Pub. L. 100–628, title VII, § 712(a)(1), (2), , 102 Stat. 3248
  11. 1998Pub. L. 105–220, title III, § 304, , 112 Stat. 1081.
Show as published

(June 6, 1933, ch. 49, § 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, § 2, 64 Stat. 822; Aug. 1, 1956, ch. 852, § 17(b), 70 Stat. 910; Pub. L. 86–778, title V, § 543(c), , 74 Stat. 987; Pub. L. 94–566, title I, § 116(c), , 90 Stat. 2672; Pub. L. 97–35, title VII, § 702, , 95 Stat. 521; Pub. L. 97–300, title VI, § 601(b), formerly title V, § 501(b), , 96 Stat. 1392; renumbered title VI, § 601(b), Pub. L. 100–628, title VII, § 712(a)(1), (2), , 102 Stat. 3248; Pub. L. 105–220, title III, § 304, , 112 Stat. 1081.)

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