# § 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—
such amounts as the Secretary determines to be necessary for allotment in accordance with section 49e of this title.
**(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)** **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.
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**Source Credit**: (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), Sept. 13, 1960, 74 Stat. 987; Pub. L. 94–566, title I, § 116(c), Oct. 20, 1976, 90 Stat. 2672; Pub. L. 97–35, title VII, § 702, Aug. 13, 1981, 95 Stat. 521; Pub. L. 97–300, title VI, § 601(b), formerly title V, § 501(b), Oct. 13, 1982, 96 Stat. 1392; renumbered title VI, § 601(b), Pub. L. 100–628, title VII, § 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; Pub. L. 105–220, title III, § 304, Aug. 7, 1998, 112 Stat. 1081.)
## Editorial Notes
### References in Text
The Federal Unemployment Tax Act, referred to in subsec. (b)(1), is , §§ 3301 to 3311, , 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 and Tables.
### Amendments
1998—Subsec. (c)(3). 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). 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). added subsec. (c).
1981—Subsec. (b). inserted provisions authorizing appropriations for fiscal year beginning , and definition of “proper and efficient administration of its public employment offices”.
1976—Subsec. (b). substituted “Guam” for “Guam and the Virgin Islands”.
1960—Subsec. (b). 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 effective , see , formerly set out as a note under .
### Effective Date of 1982 Amendment
Amendment by effective , but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see , which was formerly classified to .
### Effective Date of 1976 Amendment
Amendment by effective on later of , or day after day on which Secretary of Labor approves under , Internal Revenue Code, an unemployment compensation law submitted to him by Virgin Islands for approval, see , set out as a note under .
### Effective Date of 1960 Amendment
, , , provided that the amendment made by that section is effective on and after .
### Suspension of State Appropriation Requirements Until July 1, 1952
> “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
>
> .”
, Ch. V, title I, , provided in part that:
Similar provisions suspending the requirement until were contained in acts , title I, ; , title II, .