
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
