§ 49e. — Allotment of funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC49e]
TITLE 29--LABOR
CHAPTER 4B--FEDERAL EMPLOYMENT SERVICE
Sec. 49e. Allotment of funds
(a) From the amounts appropriated pursuant to section 49d of this
title 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,
the Secretary shall allot the remainder of the sums appropriated and
certified pursuant to section 49d of this title for each fiscal year
among the States as follows:
(A) two-thirds of such sums 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 sums 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.
(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 determine the allotment
percentage for each State (including Guam and the Virgin Islands) for
fiscal year 1984 which is the percentage that the State received under
this chapter for fiscal year 1983 of the total amounts available for
payments to all States for such fiscal year. For each succeeding fiscal
year, the allotment percentage for each such State shall be the
percentage that the State received under this chapter for the preceding
fiscal year of the total amounts available for allotments for all States
for such fiscal year.
(3) For each fiscal year, no State shall receive a total allotment
under paragraphs (1) and (2) which is less than 0.28 percent of the
total amount available for allotments for all States.
(4) The Secretary shall reserve such amount, not to exceed 3 percent
of the sums available for allotments under this section for each fiscal
year, as shall be necessary to assure that each State will have a total
allotment under this section sufficient to provide staff and other
resources necessary to carry out employment service activities and
related administrative and support functions on a statewide basis.
(5) The Secretary shall, not later than March 15 of fiscal year 1983
and each succeeding fiscal year, provide preliminary planning estimates
and shall, not later than May 15 of each such fiscal year, provide final
planning estimates, showing each State's projected allocation for the
following year.
(June 6, 1933, ch. 49, Sec. 6, as added Pub. L. 97-300, title VI,
Sec. 601(c), formerly title V, Sec. 501(c), Oct. 13, 1982, 96 Stat.
1393; renumbered title VI, Sec. 601(c), Pub. L. 100-628, title VII,
Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; amended Pub. L. 105-
220, title III, Sec. 310, Aug. 7, 1998, 112 Stat. 1086.)
Prior Provisions
A prior section 49e, act June 6, 1933, ch. 49, Sec. 6, 48 Stat. 115,
related to apportionment of appropriations, and certification to
Secretary of the Treasury, prior to repeal by act Sept. 8, 1950, ch.
933, Sec. 3, 64 Stat. 823.
Amendments
1998--Subsec. (b)(1). Pub. L. 105-220 substituted ``Secretary'' for
``Secretary of Labor'' in concluding provisions.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-220 effective July 1, 1999, see section 311
of Pub. L. 105-220, set out as a note under section 49a of this title.
Effective Date
Section effective Oct. 1, 1983, but with Secretary authorized to use
funds appropriated for fiscal 1983 to plan for orderly implementation of
section, see section 181(i) of Pub. L. 97-300, which was formerly
classified to section 1591(i) of this title.
Section Referred to in Other Sections
This section is referred to in sections 49d, 49f of this title.
