29 U.S.C. § 49e — Allotment of funds

submitted 93 years ago by Pub. L. 97-300 to r/title-29-LABOR · 516 words · no verdicts yet

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This law explains how the Secretary of Labor divides employment-service funding among the states. Guam and the Virgin Islands get a fixed share based on what they got in fiscal year 1983. The rest is split two-thirds by each state's civilian workforce size and one-third by its unemployed population, with rules guaranteeing every state a minimum share and reserving some funds for state administrative costs.

(a) From the funds set aside and certified under section 49d of this title, the Secretary first gives Guam and the Virgin Islands the same percentage of that year's total funding that each received of the total funds available under this chapter in fiscal year 1983. (b) (1) After making those first allotments, the Secretary divides what's left among the states this way: two-thirds of the remainder is split based on each state's share of the country's total civilian labor force; one-third is split based on each state's share of the country's total number of unemployed people. These figures come from the most recent full year of data available, as the Secretary determines. "State" here doesn't include Guam or the Virgin Islands. (2) No state can get less than 90% of the percentage share it got the year before. (3) No state can get a total allotment below 0.28% of everything available for all states that year. (4) The Secretary can hold back up to 3% of the total yearly funding to make sure every state gets enough money for the staff and resources it needs to run employment services statewide. (5) By March 15 of each fiscal year, the Secretary gives states preliminary planning estimates; by May 15, final planning estimates — both showing each state's expected funding for the coming year.

the actual law source: uscode.house.gov ↗public domain

(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.

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; renumbered title VI, § 601(c), Pub. L. 100–628, title VII, § 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; amended Pub. L. 105–220, title III, § 310, Aug. 7, 1998, 112 Stat. 1086; Pub. L. 113–128, title III, § 304, July 22, 2014, 128 Stat. 1626.)

history & why it existsrecord from the source credit

1933Enacted · Pub. L. 97-300 · 96 Stat. 1393
1988Amended · Pub. L. 100-628 · 102 Stat. 3248
1998Amended · Pub. L. 105-220 · 112 Stat. 1086
2014Amended · Pub. L. 113-128 · 128 Stat. 1626

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-300 on 1933-06-06.

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