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42 U.S.C. § 502Payments to States; computation of amounts

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 345 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Labor certifies how much money each state with an approved unemployment law should get to run that law properly, based on population, covered workers, and costs. The Treasury then pays out that certified amount, and this section also covers when unemployment-notice mailing costs count as administrative costs.

(a) Certification of amounts. The Secretary of Labor periodically certifies to the Secretary of the Treasury how much money each state with an unemployment compensation law approved under the Federal Unemployment Tax Act should receive. The amount is what the Secretary of Labor decides is necessary for properly and efficiently running that law during the relevant fiscal year — including 100 percent of the state's reasonable costs of implementing and running the immigration-status verification system described in section 1320b–7(d) of this title. The Secretary of Labor bases this determination on: (1) the state's population; (2) an estimate of how many people the state law covers, and the cost of properly and efficiently administering it; and (3) any other factors the Secretary of Labor finds relevant. The Secretary of Labor cannot certify more money for a fiscal year than Congress appropriated for that purpose. (b) Payment of amounts. Once the Secretary of the Treasury receives a certification under subsection (a), the Treasury — through its Fiscal Service, and before any audit or settlement by the Government Accountability Office — pays the certified amount, out of appropriated funds, to the state agency in charge of running the unemployment law. (c) Mailing costs. Adding earned-income-credit information, required by section 32 of the Internal Revenue Code, to a required unemployment-compensation statement under section 6050B(b) of the Internal Revenue Code, does not stop the mailing cost from counting as a proper cost of administering the state unemployment law — unless including that information actually increases the postage needed to mail the statement.
the actual law source: uscode.house.gov ↗public domain
(a) Certification of amounts

The 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 section 1320b–7(d) of this title. 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.

Source credit: (Aug. 14, 1935, ch. 531, title III, § 302, 49 Stat. 626; Aug. 10, 1939, ch. 666, title III, § 301, 53 Stat. 1378; 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1949 Reorg. Plan No. 2, § 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065; Pub. L. 98–369, div. B, title VI, § 2663(b)(1), July 18, 1984, 98 Stat. 1165; Pub. L. 99–603, title I, § 121(b)(3), Nov. 6, 1986, 100 Stat. 3390; Pub. L. 102–318, title III, § 302(a), July 3, 1992, 106 Stat. 297; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 14, 1935, ch. 531 · 49 Stat. 626
  • 1939Amended · Act of Aug. 10, 1939, ch. 666 · 53 Stat. 1378
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 1165
  • 1986Amended · Pub. L. 99-603 · 100 Stat. 3390
  • 1992Amended · Pub. L. 102-318 · 106 Stat. 297
  • 2004Amended · Pub. L. 108-271 · 118 Stat. 814

A history note hasn’t been published yet. The record shows enactment by ch. 531 on 1935-08-14.

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