US Code

Public Law 119-88 (05/04/2026)

42 U.S.C. § 1101

Employment security administration account

(a)

Establishment

There is hereby established in the Unemployment Trust Fund an employment security administration account.

(b)

Amount credited to Account; transfer of funds; adjustments; repayment of internal revenue refunds

(1)
26 U.S.C. 3301 There is hereby appropriated to the Unemployment Trust Fund for credit to the employment security administration account, out of any moneys in the Treasury not otherwise appropriated, for the fiscal year ending , and for each fiscal year thereafter, an amount equal to 100 per centum of the tax (including interest, penalties, and additions to the tax) received during the fiscal year under the Federal Unemployment Tax Act [ et seq.] and covered into the Treasury.
(2)
The amount appropriated by paragraph (1) shall be transferred at least monthly from the general fund of the Treasury to the Unemployment Trust Fund and credited to the employment security administration account. Each such transfer shall be based on estimates made by the Secretary of the Treasury of the amounts received in the Treasury. Proper adjustments shall be made in the amounts subsequently transferred, to the extent prior estimates (including estimates for the fiscal year ending ) were in excess of or were less than the amounts required to be transferred.
(3)
26 U.S.C. 3301 The Secretary of the Treasury is directed to pay from time to time from the employment security administration account into the Treasury, as repayments to the account for refunding internal revenue collections, amounts equal to all refunds made after , of amounts received as tax under the Federal Unemployment Tax Act [ et seq.] (including interest on such refunds).
(c)

Administrative expenditures; necessary expenses; quarterly transfer of funds; adjustments; limitation; estimate of net receipts

(1)
There are hereby authorized to be made available for expenditure out of the employment security administration account for the fiscal year ending , and for each fiscal year thereafter—
(A)
such amounts (not in excess of the applicable limit provided by paragraph (3) and, with respect to clause (ii), not in excess of the limit provided by paragraph (4)) as the Congress may deem appropriate for the purpose of—
(i)
assisting the States in the administration of their unemployment compensation laws as provided in subchapter III (including administration pursuant to agreements under any Federal unemployment compensation law),
(ii)
the establishment and maintenance of systems of public employment offices in accordance with the Act of , as amended (29 U.S.C., secs. 49–49n), and
(iii)
section 4103 of title 38 carrying into effect ;
(B)
such amounts (not in excess of the limit provided by paragraph (4) with respect to clause (iii)) as the Congress may deem appropriate for the necessary expenses of the Department of Labor for the performance of its functions under—
(i)
this subchapter and subchapters III and XII of this chapter,
(ii)
26 U.S.C. 3301 the Federal Unemployment Tax Act [ et seq.],
(iii)
29 U.S.C. 49 the provisions of the Act of , as amended [ et seq.],
(iv)
chapter 41 (except section 4103) of title 38, and
(v)
any Federal unemployment compensation law.
The term “necessary expenses” as used in this subparagraph (B) shall include the expense of reimbursing a State for salaries and other expenses of employees of such State temporarily assigned or detailed to duty with the Department of Labor and of paying such employees for travel expenses, transportation of household goods, and per diem in lieu of subsistence while away from their regular duty stations in the State, at rates authorized by law for civilian employees of the Federal Government.
(2)
The Secretary of the Treasury is directed to pay from the employment security administration account into the Treasury as miscellaneous receipts the amount estimated by him which will be expended during a three-month period by the Treasury Department for the performance of its functions under—
(A)
this subchapter and subchapters III and XII of this chapter, including the expenses of banks for servicing unemployment benefit payment and clearing accounts which are offset by the maintenance of balances of Treasury funds with such banks,
(B)
26 U.S.C. 3301 the Federal Unemployment Tax Act [ et seq.], and
(C)
any Federal unemployment compensation law with respect to which responsibility for administration is vested in the Secretary of Labor.
If it subsequently appears that the estimates under this paragraph in any particular period were too high or too low, appropriate adjustments shall be made by the Secretary of the Treasury in future payments.
(3)
(A)
26 U.S.C. 3301section 1105(b) of this title For purposes of paragraph (1)(A), the limitation on the amount authorized to be made available for any fiscal year after , is, except as provided in subparagraph (B) and in the second sentence of subsection (f)(3)(A), an amount equal to 95 percent of the amount estimated and set forth in the budget of the United States Government for such fiscal year as the amount by which the net receipts during such year under the Federal Unemployment Tax Act [ et seq.] will exceed the amount transferred under during such year to the extended unemployment compensation account.
(B)
The limitation established by subparagraph (A) is increased by any unexpended amount retained in the employment security administration account in accordance with subsection (f)(2)(B).
(C)
Each estimate of net receipts under this paragraph shall be based upon a tax rate of 0.6 percent.
(4)
29 U.S.C. 49 For purposes of paragraphs (1)(A)(ii) and (1)(B)(iii) the amount authorized to be made available out of the employment security administration account for any fiscal year after , shall reflect the proportion of the total cost of administering the system of public employment offices in accordance with the Act of , as amended [ et seq.], and of the necessary expenses of the Department of Labor for the performance of its functions under the provisions of such Act, as the President determines is an appropriate charge to the employment security administration account, and reflects in his annual budget for such year. The President’s determination, after consultation with the Secretary, shall take into account such factors as the relationship between employment subject to State laws and the total labor force in the United States, the number of claimants and the number of job applicants, and such other factors as he finds relevant.
(5)
(A)
There are authorized to be appropriated out of the employment security administration account to carry out program integrity activities, in addition to any amounts available under paragraph (1)(A)(i)—
(i)
$89,000,000 for fiscal year 1998;
(ii)
$91,000,000 for fiscal year 1999;
(iii)
1
1 So in original. Probably should be followed by “for”.
$93,000,000  fiscal year 2000;
(iv)
$96,000,000 for fiscal year 2001; and
(v)
$98,000,000 for fiscal year 2002.
(B)
In any fiscal year in which a State receives funds appropriated pursuant to this paragraph, the State shall expend a proportion of the funds appropriated pursuant to paragraph (1)(A)(i) to carry out program integrity activities that is not less than the proportion of the funds appropriated under such paragraph that was expended by the State to carry out program integrity activities in fiscal year 1997.
(C)
For purposes of this paragraph, the term “program integrity activities” means initial claims review activities, eligibility review activities, benefit payments control activities, and employer liability auditing activities.
(d)

Additional tax attributable to reduced credits; transfer of funds

(1)
The Secretary of the Treasury is directed to transfer from the employment security administration account—
(A)
To the Federal unemployment account, an amount equal to the amount by which—
(i)
26 U.S.C. 330126 U.S.C. 3302(c)(3)section 1321 of this title 100 per centum of the additional tax received under the Federal Unemployment Tax Act [ et seq.] with respect to any State by reason of the reduced credits provisions of section 3302(c)(3) of such Act [] and covered into the Treasury for the repayment of advances made to the State under , exceeds
(ii)
the amount transferred to the account of such State pursuant to subparagraph (B) of this paragraph.
section 1321 of this titleAny amount transferred pursuant to this subparagraph shall be credited against, and shall operate to reduce, that balance of advances, made under to the State, with respect to which employers paid such additional tax.
(B)
section 1321 of this title To the account (in the Unemployment Trust Fund) of the State with respect to which employers paid such additional tax, an amount equal to the amount by which such additional tax received and covered into the Treasury exceeds that balance of advances, made under to the State, with respect to which employers paid such additional tax.
(2)
Transfers under this subsection shall be as of the beginning of the month succeeding the month in which the moneys were credited to the employment security administration account pursuant to subsection (b)(2).
(e)

Revolving fund; appropriations; advances to Account; repayment; interest

(1)
There is hereby established in the Treasury a revolving fund which shall be available to make the advances authorized by this subsection. There are hereby authorized to be appropriated, without fiscal year limitation, to such revolving fund such amounts as may be necessary for the purposes of this section.
(2)
The Secretary of the Treasury is directed to advance from time to time from the revolving fund to the employment security administration account such amounts as may be necessary for the purposes of this section. If the net balance in the employment security administration account as of the beginning of any fiscal year equals 40 percent of the amount of the total appropriation by the Congress out of the employment security administration account for the preceding fiscal year, no advance may be made under this subsection during such fiscal year.
(3)
Advances to the employment security administration account made under this subsection shall bear interest until repaid at a rate equal to the average rate of interest (computed as of the end of the calendar month next preceding the date of such advance) borne by all interest-bearing obligations of the United States then forming a part of the public debt; except that where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest shall be the multiple of one-eighth of 1 per centum next lower than such average rate.
(4)
Advances to the employment security administration account made under this subsection, plus interest accrued thereon, shall be repaid by the transfer from time to time, from the employment security administration account to the revolving fund, of such amounts as the Secretary of the Treasury, in consultation with the Secretary of Labor, determines to be available in the employment security administration account for such repayment. Any amount transferred as a repayment under this paragraph shall be credited against, and shall operate to reduce, any balance of advances (plus accrued interest) repayable under this subsection.
(f)

Determination of excess in Account; limitation on amount to be retained; use of balance in Account during certain fiscal years; net balance

(1)
The Secretary of the Treasury shall determine as of the close of each fiscal year (beginning with the fiscal year ending ) the excess in the employment security administration account.
(2)
section 1102(b) of this title The excess in the employment security administration account as of the close of any fiscal year is the amount by which the net balance in such account as of such time (after the application of and paragraph (3)(C) of this subsection) exceeds the net balance in the employment security administration account as of the beginning of that fiscal year (including the fiscal year for which the excess is being computed) for which the net balance was higher than as of the beginning of any other such fiscal year.
(3)
(A)
The excess determined as provided in paragraph (2) as of the close of any fiscal year after , shall be retained (as of the beginning of the succeeding fiscal year) in the employment security administration account until the amount in such account is equal to 40 percent of the amount of the total appropriation by the Congress out of the employment security administration account for the fiscal year for which the excess is determined. Three-eighths of the amount in the employment security administration account as of the beginning of any fiscal year after , or $150 million, whichever is the lesser, is authorized to be made available for such fiscal year pursuant to subsection (c)(1) for additional costs of administration due to an increase in the rate of insured unemployment for a calendar quarter of at least 15 percent over the rate of insured unemployment for the corresponding calendar quarter in the immediately preceding year.
(B)
section 1105(b)(2) of this title If the entire amount of the excess determined as provided in paragraph (2) as of the close of any fiscal year after , is not retained in the employment security administration account, there shall be transferred (as of the beginning of the succeeding fiscal year) to the extended unemployment compensation account the balance of such excess or so much thereof as is required to increase the amount in the extended unemployment compensation account to the limit provided in .
(C)
section 1105(b)(2) of this title If as of the close of any fiscal year after , the amount in the extended unemployment compensation account exceeds the limit provided in , such excess shall be transferred to the employment security administration account as of the close of such fiscal year.
(4)
For the purposes of this section, the net balance in the employment security administration account as of any time is the amount in such account as of such time reduced by the sum of—
(A)
the amounts then subject to transfer pursuant to subsection (d), and
(B)
the balance of advances (plus interest accrued thereon) then repayable to the revolving fund established by subsection (e).
The net balance in the employment security administration account as of the beginning of any fiscal year shall be determined after the disposition of the excess in such account as of the close of the preceding fiscal year.

Aug. 14, 1935, ch. 531 Aug. 5, 1954, ch. 657, § 2 68 Stat. 668 Pub. L. 86–778, title V, § 52174 Stat. 970 Pub. L. 87–31, § 775 Stat. 78 Pub. L. 88–31, § 177 Stat. 51 Pub. L. 91–53, § 383 Stat. 93 Pub. L. 91–373, title III, § 30384 Stat. 713 Pub. L. 94–273, § 3990 Stat. 381 Pub. L. 94–566, title II, § 211(e)(1) [(c)(1)]90 Stat. 2676 Pub. L. 97–248, title II, § 271(b)(2)(A)96 Stat. 554 Pub. L. 98–369, div. B, title VI, § 2663(d)(1)98 Stat. 1167 Pub. L. 100–203, title IX, § 9154(a)101 Stat. 1330–326 Pub. L. 102–83, § 5(c)(2)105 Stat. 406 Pub. L. 102–318, title V, § 531(d)(1)106 Stat. 316 Pub. L. 105–33, title V, § 5408111 Stat. 605 (, title IX, § 901, as added , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (c)(3)(D), , , 555; , (2), , ; , (c)(2), , ; , , ; , (2), , , 317; , , .)

Editorial Notes

References in Text

act Aug. 16, 1954, ch. 736 68A Stat. 439 section 3311 of Title 26The Federal Unemployment Tax Act, referred to in subsecs. (b)(1), (3), (c)(1)(B)(ii), (2)(B), (3)(A), and (d)(1)(A)(i), 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.

29 U.S.C. 49–49nact June 6, 1933, ch. 49 48 Stat. 113 section 49 of Title 29Act of , as amended (), referred to in subsec. (c)(1)(A)(ii), (B)(iii), and (4), probably means , , known as the Wagner-Peyser Act, which is classified generally to chapter 4B (§ 49 et seq.) of Title 29, Labor. Sections 49m and 49n were not part of act . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

act Aug. 14, 1935, ch. 531, title IX, § 901 49 Stat. 639 A prior section 1101, , , related to imposition of tax. For further details, see Prior Law note set out preceding this section.

Amendments

Pub. L. 105–331997—Subsec. (c)(5). added par. (5).

Pub. L. 102–318, § 531(d)(1)1992—Subsec. (f)(2). , struck out designation for subpar. (A), substituted “The” for “Except as provided in subparagraph (B), the”, and struck out subpar. (B) which read as follows: “With respect to the fiscal years ending , , and , the balance in the employment security administration account at the close of each such fiscal year shall not be considered excess but shall be retained in the account for use as provided in paragraph (1) of subsection (c) of this section.”

Pub. L. 102–318, § 531(d)(2)Subsec. (g). , struck out subsec. (g) which read as follows:

“(1) With respect to calendar years 1988, 1989, and 1990, the Secretary of the Treasury shall transfer from the employment security administration account—

“(A) to the Federal unemployment account an amount equal to 50 percent of the amount of tax received under section 3301(1) of the Federal Unemployment Tax Act which is attributable to the difference in the tax rates between paragraphs (1) and (2) of such section; and

“(B) to the extended unemployment compensation account an amount equal to 50 percent of such amount of tax received.

“(2) Transfers under this subsection shall be as of the beginning of the month succeeding the month in which the moneys were credited to the employment security administration account pursuant to subsection (b)(2) of this section with respect to wages paid during such calendar years.”

Pub. L. 102–83section 4103 of title 38section 2003 of title 381991—Subsec. (c)(1)(A)(iii), (B)(iv). substituted reference to for reference to .

Pub. L. 100–203, § 9154(c)(2)1987—Subsec. (c)(3)(C). , substituted “a tax rate of 0.6 percent” for “(i) a tax rate of 0.6 percent in the case of any calendar year for which the rate of tax under section 3301 of the Federal Unemployment Tax Act is 6.0 percent, and (ii) a tax rate of 0.8 percent in the case of any calendar year for which the rate of tax under such section is 6.2 percent”.

Pub. L. 100–203, § 9154(a)Subsec. (g). , added subsec. (g).

Pub. L. 98–369, § 2663(d)(1)1984—Subsec. (c). , realigned margins of subsec. (c).

Pub. L. 98–369, § 2663(d)(2)Subsec. (f). , realigned margins of par. (3).

Pub. L. 97–248, § 271(c)(3)(D)1982—Subsec. (c)(3)(C). , substituted “0.6” for “0.5”, “6.0” for “3.2”, and “6.2” for “3.5”.

Pub. L. 97–248, § 271(b)(2)(A)Subsec. (c)(3)(C)(ii). , substituted “0.8” for “0.7”, struck out “3301” after “tax under such section”, and substituted “3.5” for “3.4”.

Pub. L. 94–5661976—Subsec. (c)(3)(C). limited existing provisions by making them applicable only in the case of calendar years for which the rate of tax under section 3301 of the Federal Unemployment Tax Act is 3.2 percent, designated the existing provisions as so amended as cl. (i) and added cl. (ii).

Pub. L. 94–273Subsec. (f)(3)(A). struck out “fiscal” after “immediately preceding”.

Pub. L. 91–373, § 303(a)(1)section 2003 of title 38section 2012 of title 381970—Subsec. (c)(1). , substituted “fiscal year ending ” for “fiscal year ending ”, inserted reference to par. (4), struck out reference to the Temporary Unemployment Compensation Act of 1958, as amended, and substituted “” for “”.

Pub. L. 91–373, § 303(a)(2)Subsec. (c)(2). , struck out provision for the exclusion of amounts attributable to the Temporary Unemployment Compensation Act of 1958, as amended.

Pub. L. 91–373, § 303(a)(3)section 1105(b) of this titleSubsec. (c)(3). , changed the ceiling on the amount in the employment security administration account authorized for appropriation for State grants by making it 95 percent of the amount set forth in the budget of the United States Government as the amount by which the net receipts during the fiscal year are estimated to exceed the amount transferred to the extended unemployment compensation account under .

Pub. L. 91–373, § 303(a)(4)Subsec. (c)(4). , added par. (4).

Pub. L. 91–373, § 303(b)section 1400c of this titleSubsec. (d). , struck out reference to section 3302(c)(2) of the Federal Unemployment Tax Act in par. (1)(A)(i), struck out provision for separate application of par. (1) in years in which there was both a balance described in sections 3302(c)(2) and 3302(c)(3) of the Federal Unemployment Tax Act, redesignated par. (3) as par. (2), and struck out former par. (2) covering the transfer of funds from the employment security administration account to the general fund of the Treasury and to the State account, with respect to which employers paid additional tax, received by reason of the reduced credit provisions of .

Pub. L. 91–373, § 303(c)Subsec. (e)(2). , substituted “equals 40 percent of the amount of the total appropriation by the Congress out of the employment security administration account of the preceding fiscal year” for “is $250,000,000”.

Pub. L. 91–373, § 303(d)(1)Subsec. (f)(2)(A). , inserted reference to par. (3)(C) of this subsection.

Pub. L. 91–373, § 303(d)(2)Subsec. (f)(3). , revised provisions for the distribution of any excess in the employment security administration account at the end of any fiscal year after .

Pub. L. 91–53, § 3(a)Pub. L. 88–311969—Subsec. (c)(3). , struck out subpar. (A) provisions limiting expenditures for fiscal year ending , to 95 percent of amount estimated by the Secretary of Treasury as the net receipts during such fiscal year under the Federal Unemployment Tax Act, redesignated subpar. (B) provisions as par. (3) without restricting their application to fiscal years ending after , increased expenditure limitation by unexpended amount retained in the employment security administration account in accordance with subsec. (f)(2)(B) of this section, reenacted provision for estimate of net receipts, and struck out dated provisions requiring the Secretary of Treasury to report to Congress his estimate under subpar. (A) within thirty days after , the date of enactment of , and providing for its printing as a House document.

Pub. L. 91–53, § 3(b)Subsec. (f)(2). , designated existing provisions as subpar. (A), inserted introductory text “Except as provided in subparagraph (B)”, and added subpar. (B).

Pub. L. 88–311963—Subsec. (c). substituted “” for “” in par. (1), “(not in excess of the limit provided by paragraph (3))” for “(not in excess of $350,000,000 for any fiscal year)” in par. (1)(A), and added par. (3).

Pub. L. 87–311961—Subsec. (c)(1)(B). inserted provision relating to necessary expenses.

Pub. L. 86–7781960—Subsec. (a). substituted provision establishing the employment security administration account for former provision making an appropriation to the Unemployment Trust Fund for fiscal year ending , and for each fiscal year thereafter, providing for transfer of funds from the general fund in the Treasury to the Unemployment Trust Fund at the close of the fiscal year, and adjustments in the transfers, and requiring the Secretary of the Treasury to consult with the Secretary of Labor with respect to estimates of employment security administrative expenditures.

Pub. L. 86–778Subsec. (b). substituted provisions crediting the employment security administration with funds, and requiring transfer of funds, adjustments and repayment of internal revenue refunds for former provisions defining “employment security administrative expenditures”, now incorporated in subsec. (c)(1)(A), (B), (2)(A) of this section.

Pub. L. 86–778Subsecs. (c) to (f). added subsecs. (c) to (f).

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Pub. L. 100–203, title IX, § 9154(d)101 Stat. 1330–326

“The amendments made by this section [amending this section and sections 1102 and 1105 of this title] shall become effective on the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1984 Amendment

Pub. L. 98–369section 2664(b) of Pub. L. 98–369section 401 of this titleAmendment by effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see , set out as a note under .

Effective Date of 1982 Amendment

section 271(b)(2)(A) of Pub. L. 97–248section 271(c)(3)(D) of Pub. L. 97–248Pub. L. 97–248section 3301 of Title 26Amendment by applicable to remuneration paid after , and amendment by applicable to remuneration paid after , see section 271(d)(1), (2) of , as amended, set out as a note under , Internal Revenue Code.

Effective Date of 1976 Amendment

Pub. L. 94–566, title II, § 211(d)(3)90 Stat. 2677

section 1105 of this titlesection 6157 of Title 26“The amendments made by subsection (c) [amending this section, , and , Internal Revenue Code] shall take effect on the date of enactment of this Act [].”
, , , provided that:

Effective Date of 1970 Amendment

Pub. L. 91–373, title III, § 303(a)84 Stat. 713 , , , provided that the amendment made by that section is effective with respect to fiscal years after .

Pub. L. 91–373, title III, § 303(c)84 Stat. 715 , , , provided that the amendment made by that section is effective .

Pub. L. 91–373, title III, § 303(d)84 Stat. 715 , , , provided that the amendment made by that section is effective with respect to fiscal years after .

Effective Date of 1969 Amendment

Pub. L. 91–53, § 4(b)83 Stat. 93

“The amendments made by section 3 [amending this section] shall take effect upon enactment of this Act [].”
, , , provided that:

Increase in Administrative Expenditures Limitation for Fiscal Year 1963

Pub. L. 88–31, § 477 Stat. 52 , , , provided that notwithstanding subsec. (c)(1)(A) of this section, the limitation on the amount authorized to be available for the fiscal year ending , for the purposes specified in subsec. (c)(1)(A), was increased to $407,148,000.

Pub. L. 87–582, title I, § 10176 Stat. 363 , , , provided that notwithstanding subsec. (c)(1)(A) of this section, the limitation on the amount authorized to be available for the fiscal year ending , for the purposes specified in subsec. (c)(1)(A), was increased to $400,000,000.

Increase in Administrative Expenditures Limitation for Fiscal Years 1961 and 1962

Pub. L. 87–6, § 1575 Stat. 16 , , , provided that notwithstanding subsec. (c)(1)(A) of this section, the limitation on the amount authorized to be available for the fiscal years ending and , for the purposes specified in subsec. (c)(1)(A), was increased to $385,000,000 and $415,000,000, respectively.