US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 502

Payments to States; computation of amounts

(a)

Certification of amounts

section 1320b–7(d) of this titleThe Secretary of Labor shall from time to time certify to the Secretary of the Treasury for payment to each State which has an unemployment compensation law approved by the Secretary of Labor under the Federal Unemployment Tax Act, such amounts as the Secretary of Labor determines to be necessary for the proper and efficient administration of such law during the fiscal year for which such payment is to be made, including 100 percent of so much of the reasonable expenditures of the State as are attributable to the costs of the implementation and operation of the immigration status verification system described in . The Secretary of Labor’s determination shall be based on (1) the population of the State; (2) an estimate of the number of persons covered by the State law and of the cost of proper and efficient administration of such law; and (3) such other factors as the Secretary of Labor finds relevant. The Secretary of Labor shall not certify for payment under this section in any fiscal year a total amount in excess of the amount appropriated therefor for such fiscal year.

(b)

Payment of amounts

Out of the sums appropriated therefor, the Secretary of the Treasury shall, upon receiving a certification under subsection (a), pay, through the Fiscal Service of the Department of the Treasury and prior to audit or settlement by the Government Accountability Office, to the State agency charged with the administration of such law the amount so certified.

(c)

Mailing costs

No portion of the cost of mailing a statement under section 6050B(b) of the Internal Revenue Code of 1986 (relating to unemployment compensation) shall be treated as not being a cost for the proper and efficient administration of the State unemployment compensation law by reason of including with such statement information about the earned income credit provided by section 32 of the Internal Revenue Code of 1986. The preceding sentence shall not apply if the inclusion of such information increases the postage required to mail such statement.

Aug. 14, 1935, ch. 53149 Stat. 626Aug. 10, 1939, ch. 66653 Stat. 137860 Stat. 109563 Stat. 1065Pub. L. 98–369, div. B, title VI, § 2663(b)(1)98 Stat. 1165Pub. L. 99–603, title I, § 121(b)(3)100 Stat. 3390Pub. L. 102–318, title III, § 302(a)106 Stat. 297Pub. L. 108–271, § 8(b)118 Stat. 814(, title III, § 302, ; , title III, § 301, ; 1946 Reorg. Plan No. 2, § 4, eff. , 11 F.R. 7873, ; 1949 Reorg. Plan No. 2, § 1, eff. , 14 F.R. 5225, ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 99–514, § 2100 Stat. 2095section 1 of Title 26section 7852(b) of Title 26The Federal Unemployment Tax Act, referred to in subsec. (a), comprised subchapter C (§§ 1600 to 1611) of chapter 9 of the Internal Revenue Code of 1939. Chapter 9 of the 1939 Code was repealed (subject to certain exceptions) by section 7851(a)(3) of the Internal Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by , , . The Federal Unemployment Tax Act also comprises chapter 23 (§ 3301 et seq.) of the Internal Revenue Code of 1986. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding , Internal Revenue Code. See also for provision that references in any other law to a provision of the 1939 Code, unless expressly incompatible with the intent thereof, shall be deemed a reference to the corresponding provision of the 1986 Code.

Amendments

Pub. L. 108–2712004—Subsec. (b). substituted “Government Accountability Office” for “General Accounting Office”.

Pub. L. 102–3181992—Subsec. (c). added subsec. (c).

Pub. L. 99–603section 1320b–7(d) of this title1986—Subsec. (a). inserted at end of first sentence “, including 100 percent of so much of the reasonable expenditures of the State as are attributable to the costs of the implementation and operation of the immigration status verification system described in ”.

Pub. L. 98–3691984—Subsec. (b). substituted “the Fiscal Service of the Department of the Treasury” for “the Division of Disbursement of the Treasury Department”.

1939—Subsec. (a). Act , substituted “Federal Unemployment Tax Act” for “sections 1101–1110 of this title,” and inserted “efficient” before “administration”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–318, title III, § 302(b)106 Stat. 297

“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–603, title I, § 121(c)(2)100 Stat. 3391

section 1437r of this titlesection 2025 of Title 7section 1096 of Title 20section 1383 of this title“The amendments made by subsection (b) [enacting , amending this section and sections 303, 603, 1203, 1353, and 1396b of this title, , Agriculture, and , Education, and amending provisions set out as a Puerto Rico, Guam, and Virgin Islands note under ] take effect on .”
, , , 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 .

Report on Method of Allocating Administrative Funds Among States

Pub. L. 102–164, title III, § 304105 Stat. 1061Pub. L. 102–318, title V, § 533106 Stat. 317

“(a)

In General .—

42 U.S.C. 502The Secretary of Labor shall submit to the Congress, before , a comprehensive report setting forth a proposal for revising the method of allocating grants among the States under section 302 of the Social Security Act [].
“(b)

Specific Requirements .—

The report required by subsection (a) shall include an analysis of—
“(1)
42 U.S.C. 502 the use of unemployment insurance workload levels as the primary factor in allocating grants among the States under section 302 of the Social Security Act [],
“(2)
ways to ensure that each State receive not less than a minimum grant amount for each fiscal year,
“(3)
the use of nationally available objective data to determine the unemployment compensation administrative costs of each State, with consideration of legitimate cost differences among the States,
“(4)
ways to simplify the method of allocating such grants among the States,
“(5)
ways to eliminate the disincentives to productivity and efficiency which exist in the current method of allocating such grants among the States,
“(6)
ways to promote innovation and cost-effective practices in the method of allocating such grants among the States, and
“(7)
the effect of the proposal set forth in such report on the grant amounts allocated to each State.
“(c)

Congressional Review Period .—

42 U.S.C. 502The Secretary of Labor may not revise the method in effect on the date of the enactment of this Act [] for allocating grants among the States under section 302 of the Social Security Act [], until after the expiration of the 12-month period beginning on the date on which the report required by subsection (a) is submitted to the Congress.”
, , , as amended by , , , provided that:

Executive Documents

Transfer of Functions

64 Stat. 1263For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.

Functions of Federal Security Administrator with respect to unemployment compensation transferred to Secretary of Labor by Reorg. Plan No. 2 of 1949, set out in the Appendix to Title 5.

Section 1 of Reorg. Plan No. 2 of 1949, also provided that functions transferred by this section shall be performed by Secretary of Labor, or subject to his direction and control, by such officers, agencies, and employees of Department of Labor as he shall designate.

“Administrator” substituted for “Board” by section 4 of Reorg. Plan No. 2 of 1946, set out in the Appendix to Title 5.