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Title 29 — Labor

Chapter 4B — Federal Employment Service

§ 49e. Allotment of funds

Statutory text

(a)

From the funds appropriated and (except for Guam) certified under section 49d of this title and made available for allotments under this section 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, after making the allotments required by subsection (a), the Secretary shall allot the remainder of the funds described in subsection (a) for each fiscal year among the States as follows:

(A)

two-thirds of such remainder 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 remainder 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. For purposes of this paragraph, the term “State” does not include Guam or the Virgin Islands.

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Job Training Partnership Act

    Pub. L. 97–300 title VI § 601(c) · 96 Stat. 1322

    Enacted · 29 U.S.C. § 49e

    June 6, 1933, ch. 49, § 6, as added Pub. L. 97–300, title VI, § 601(c), formerly title V, § 501(c), Oct. 13, 1982, 96 Stat. 1393

    Source evidence

    Code source credit
    June 6, 1933, ch. 49, § 6, as added Pub. L. 97–300, title VI, § 601(c), formerly title V, § 501(c), Oct. 13, 1982, 96 Stat. 1393

  2. Workforce Investment Act of 1998

    Pub. L. 105–220 title III § 310 · 112 Stat. 936

    Substituted · 29 U.S.C. § 49e(b)(1)

    Pub. L. 105–220 substituted “Secretary” for “Secretary of Labor” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–220 substituted “Secretary” for “Secretary of Labor” in concluding provisions.

    Enacted provision · exact public law section
    SEC. 310. TECHNICAL AMENDMENTS. Sections 3(b), 6(b)(1), and 7(d) of the Wagner-Peyser Act (29U.S.C. 49b(b), 49e(b)(1), and 49f(d)) are amended by striking “Secretary of Labor” and inserting “Secretary”.

  3. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 304(1) · 128 Stat. 1425

    Substituted · 29 U.S.C. § 49e(a)

    Pub. L. 113–128, § 304(1), substituted “funds appropriated and (except for Guam) certified under section 49d of this title and made available for allotments under this section” for “amounts appropriated pursuant to section 49d of this title”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–128, § 304(1), substituted “funds appropriated and (except for Guam) certified under section 49d of this title and made available for allotments under this section” for “amounts appropriated pursuant to section 49d of this title”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “amounts appropriated pursuant to section 5” and inserting “funds appropriated and (except for Guam) certified under section 5 and made available for allotments under this section”; and

    Effective date note
    Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of this title.

  4. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 304(2) · 128 Stat. 1425

    1. Inserted · 29 U.S.C. § 49e(b)(1)

      Pub. L. 113–128, § 304(2), in introductory provisions, inserted “after making the allotments required by subsection (a),” before “the Secretary”

    2. Substituted · 29 U.S.C. § 49e(b)(1)

      Pub. L. 113–128, § 304(2), in introductory provisions, substituted “funds described in subsection (a)” for “sums appropriated and certified pursuant to section 49d of this title”; in subpars. (A) and (B)

    3. Substituted · 29 U.S.C. § 49e(b)(1)

      Pub. L. 113–128, § 304(2), in introductory provisions, substituted “remainder” for “sums”; and, in concluding provisions

    4. Inserted · 29 U.S.C. § 49e(b)(1)

      Pub. L. 113–128, § 304(2), in introductory provisions, inserted “For purposes of this paragraph, the term ‘State’ does not include Guam or the Virgin Islands.” at end

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 113–128, § 304(2), in introductory provisions, inserted “after making the allotments required by subsection (a),” before “the Secretary” and substituted “funds described in subsection (a)” for “sums appropriated and certified pursuant to section 49d of this title”; in subpars. (A) and (B), substituted “remainder” for “sums”; and, in concluding provisions, inserted “For purposes of this paragraph, the term ‘State’ does not include Guam or the Virgin Islands.” at end.

    Enacted provision · exact public law section
    (2) in subsection (b)(1)— (A) in the matter preceding subparagraph (A)— (i) by inserting before “the Secretary” the following “after making the allotments required by subsection (a),”; and (ii) by striking “sums” and all that follows through “this Act” and inserting “funds described in subsection (a)”; (B) in each of subparagraphs (A) and (B), by striking “sums” and inserting “remainder”; and (C) by adding at the end the following: “For purposes of this paragraph, the term ‘State’ does not include Guam or the Virgin Islands.”.

    Effective date note
    Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of this title.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 49e, act June 6, 1933, ch. 49, § 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, § 3, 64 Stat. 823.

Amendments1998–2014 · 2 rounds

2014

Subsec. (a). Pub. L. 113–128, § 304(1), substituted “funds appropriated and (except for Guam) certified under section 49d of this title and made available for allotments under this section” for “amounts appropriated pursuant to section 49d of this title”.

Subsec. (b)(1). Pub. L. 113–128, § 304(2), in introductory provisions, inserted “after making the allotments required by subsection (a),” before “the Secretary” and substituted “funds described in subsection (a)” for “sums appropriated and certified pursuant to section 49d of this title”; in subpars. (A) and (B), substituted “remainder” for “sums”; and, in concluding provisions, inserted “For purposes of this paragraph, the term ‘State’ does not include Guam or the Virgin Islands.” at end.

1998

Subsec. (b)(1). Pub. L. 105–220 substituted “Secretary” for “Secretary of Labor” in concluding provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–128 effective on the first day of the first full program year after (), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–220 effective , see section 311 of Pub. L. 105–220, formerly set out as a note under section 49a of this title.

Effective Date

Section effective , 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.

Definitions of Terms in Pub. L. 113–128

Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.

Credits

1933–2014 · 4 acts
  1. 1933June 6, 1933, ch. 49, § 6, as added Pub. L. 97–300, title VI, § 601(c), formerly title V, § 501(c), , 96 Stat. 1393
  2. 1988renumbered title VI, § 601(c), Pub. L. 100–628, title VII, § 712(a)(1), (2), , 102 Stat. 3248
  3. 1998amended Pub. L. 105–220, title III, § 310, , 112 Stat. 1086
  4. 2014Pub. L. 113–128, title III, § 304, , 128 Stat. 1626.
Show as published

(June 6, 1933, ch. 49, § 6, as added Pub. L. 97–300, title VI, § 601(c), formerly title V, § 501(c), , 96 Stat. 1393; renumbered title VI, § 601(c), Pub. L. 100–628, title VII, § 712(a)(1), (2), , 102 Stat. 3248; amended Pub. L. 105–220, title III, § 310, , 112 Stat. 1086; Pub. L. 113–128, title III, § 304, , 128 Stat. 1626.)

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