Labor - 29 USC Section 49e

01/19/04

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.

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.

Last modified: April 16, 2006