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29 U.S.C. § 49d — Appropriations; certification for payment to States

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3301&num=0&edition=prelim) et seq.] and is found to be in compliance with [section 503 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section503&num=0&edition=prelim), (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49e&num=0&edition=prelim). **(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

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Source file: Laws/federal/codes/united-states-code/title-29/section-49d-appropriations-certification-for-payment-to-states--d6201c12e6.md
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Source location: Title 29, Chapter 4B, § 49d; chapter-4b-federal-employment-service.md

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26 U.S.C. § 3304 — Approval of State laws

**(a) Requirements** The Secretary of Labor shall approve any State law submitted to him, within 30 days of such submission, which he finds provides that— (1) all compensation is to be paid through public employment offices or such other agencies as the Secretary of Labor may approve; (2) no compensation shall be payable with respect to any day of unemployment occurring within 2 years after the first day of the first period with respect to which contributions are required; (3) all money received in the unemployment fund shall (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b)) immediately upon such receipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act ([42 U.S.C. 1104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1104&num=0&edition=prelim)); (4) all money withdrawn from the unemployment fund of the State shall be used solely in the payment of unemployment compensation, exclusive of expenses of administration, and for refunds of sums erroneously paid into such fund and refunds paid in accordance with the provisions of section 3305(b); except that— (A) an amount equal to the amount of employee payments into the unemployment fund of a State may be used in the payment of cash benefits to individuals with respect to their disability, exclusive of expenses of administration; (B) the amounts specified by section 903 (c)(2) or 903(d)(4) of the Social Security Act may, subject to the conditions prescribed in such section, be used for expenses incurred by the State for administration of its unemployment compensation law and public employment offices;

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42 U.S.C. § 503 — State laws

**(a) Provisions required** The Secretary of Labor shall make no certification for payment to any State unless he finds that the law of such State, approved by the Secretary of Labor under the Federal Unemployment Tax Act [[26 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3301&num=0&edition=prelim) et seq.], includes provision for— (1) Such methods of administration (including after January 1, 1940, methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary of Labor shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due; and (2) Payment of unemployment compensation solely through public employment offices or such other agencies as the Secretary of Labor may approve; and (3) Opportunity for a fair hearing, before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied; and (4) The payment of all money received in the unemployment fund of such State (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b) of the Federal Unemployment Tax Act [[26 U.S.C. 3305(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3305/b&num=0&edition=prelim)]), immediately upon such receipt, to the Secretary of the Treasury to the credit of the unemployment trust fund 11 So in original. Probably should be “Unemployment Trust Fund”. established by [section 1104 of this title](https://uscode.house.gov/view.xhtml?req

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26 U.S.C. § 3301 — Rate of tax

There is hereby imposed on every employer (as defined in section 3306(a)) for each calendar year an excise tax, with respect to having individuals in his employ, equal to 6 percent of the total wages (as defined in section 3306(b)) paid by such employer during the calendar year with respect to employment (as defined in section 3306(c)).

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26 U.S.C. § 3311 — Short title

This chapter may be cited as the “Federal Unemployment Tax Act.”

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29 U.S.C. § 49e — Allotment of funds

**(a)** From the funds appropriated and (except for Guam) certified under [section 49d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49d&num=0&edition=prelim) and made available for allotments under this section for each fiscal year, the Secretary shall first allot to Guam and the Virgin Islands an amount which, in relation to the total amount available for the fiscal year, is equal to the allotment percentage which each received of amounts available under this chapter in fiscal year 1983. **(b)** (1) Subject to paragraphs (2), (3), and (4) of this subsection, after making the allotments required by subsection (a), the Secretary shall allot the remainder of the funds described in subsection (a) for each fiscal year among the States as follows: (A) two-thirds of such remainder shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State as compared to the total number of such individuals in all States; and (B) one-third of such remainder shall be allotted on the basis of the relative number of unemployed individuals in each State as compared to the total number of such individuals in all States. For purposes of this paragraph, the number of individuals in the civilian labor force and the number of unemployed individuals shall be based on data for the most recent calendar year available, as determined by the Secretary. For purposes of this paragraph, the term “State” does not include Guam or the Virgin Islands. (2) No State’s allotment under this section for any fiscal year shall be less than 90 percent of its allotment percentage for the fiscal year preceding the fiscal year for which the determination is made. For the purpose of this section, the Secretary shall det

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29 U.S.C. § 49a — Definitions

For purposes of this chapter— (1) the terms “chief elected official”, “institution of higher education”, “one-stop center”, “one-stop partner”, “training services”, “workforce development activity”, and “workplace learning advisor”, have the meaning given the terms in [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3102&num=0&edition=prelim); (2) the term “local workforce development board” means a local workforce development board established under [section 3122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3122&num=0&edition=prelim); (3) the term “one-stop delivery system” means a one-stop delivery system described in [section 3151(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3151/e&num=0&edition=prelim); (4) the term “Secretary” means the Secretary of Labor; (5) the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands; and (6) the term “employment service office” means a local office of a State agency; and (7) except in section 49l–2 of this title, the term “State agency”, used without further description, means an agency designated or authorized under [section 49c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49c&num=0&edition=prelim).

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29 U.S.C. § 49c — Acceptance by States; creation of State agencies

In order to obtain the benefits of appropriations apportioned under [section 49d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49d&num=0&edition=prelim), a State shall, pursuant to State statute, accept the provisions of this chapter and, in accordance with such State statute, the Governor shall designate or authorize the creation of a State agency vested with all powers necessary to cooperate with the Secretary under this chapter.

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42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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42 U.S.C. § 1901 to 1918 — Transferred

### Statutory Notes #### Codification Section 1901, act June 6, 1933, ch. 49, § 1, 48 Stat. 113, which related to establishment of United States Employment Service, was transferred to [section 49 of Title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49&num=0&edition=prelim), Labor. Section 1902, act June 6, 1933, ch. 49, § 2, 48 Stat. 114; 1939 Reorg. Plan No. I, §§ 201, 203, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, which related to establishment of officers and employees of the Service, was transferred to [section 49a of Title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49a&num=0&edition=prelim). Section 1903, act June 6, 1933, ch. 49, § 3, 48 Stat. 114, which related to promotion and development of national system of employment offices, was transferred to [section 49b of Title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49b&num=0&edition=prelim). Section 1904, act June 6, 1933, ch. 49, § 4, 48 Stat. 114, which related to establishment of state agencies, was transferred to [section 49c of Title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49c&num=0&edition=prelim). Section 1905, acts 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; 1939 Reorg. Plan No. I, §§ 201, 203, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, which related to authorization of appropriations, was transferred to [section 49d of Title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49d&num=0&edition=prelim). Section 1906, act June 6, 1933, ch. 49, § 6, 48 Stat. 115; 1939 Reo

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26 U.S.C. § 3301 — Rate of tax

Page 2761 TITLE 26—INTERNAL REVENUE CODE § 3301 endar year is the percentage determined in ac- cordance with the table in subsection (b). (b) Tax rate schedule Average account benefits ratio Applicable percentage for sections 3211(b) and 3221(b) Applicable percentage for section 3201(b) At least But less than 2.5 22.1 4.9 2.5 3.0 18.1 4.9 3.0 3.5 15.1 4.9 3.5 4.0 14.1 4.9 4.0 6.1 13.1 4.9 6.1 6.5 12.6 4.4 6.5 7.0 12.1 3.9 7.0 7.5 11.6 3.4 7.5 8.0 11.1 2.9 8.0 8.5 10.1 1.9 8.5 9.0 9.1 0.9 9.0 8.2 0 (c) Definitions related to determination of rates of tax (1) Average account benefits ratio For purposes of this section, the term ‘‘aver- age account benefits ratio’’ means, with re- spect to any calendar year, the average deter- mined by the Secretary of the account bene- fits ratios for the 10 most recent fiscal years ending before such calendar year. If the amount determined under the preceding sen- tence is not a multiple of 0.1, such amount shall be increased to the next highest multiple of 0.1. (2) Account benefits ratio For purposes of this section, the term ‘‘ac- count benefits ratio’’ means, with respect to any fiscal year, the amount determined by the Railroad Retirement Board by dividing the fair market value of the assets in the Railroad Retirement Account and of the National Rail- road Retirement Investment Trust (and for years before 2002, the Social Security Equiva- lent Benefits Account) as of the close of such fiscal year by the total benefits and adminis- trative expenses paid from the Railroad Re- tirement Account and the National Railroad Retirement Investment Trust during such fis- cal year. (d) Notice No later than December 1 of each calendar year, the Secretary shall publish a notice in the Federal Register of the rate

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