US Code

Public Law 119-73 (01/23/2026)

29 U.S.C. § 49e

Allotment of funds

(a)
section 49d of this title From the funds appropriated and (except for Guam) certified under 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.

June 6, 1933, ch. 49, § 6Pub. L. 97–300, title VI, § 601(c)96 Stat. 1393Pub. L. 100–628, title VII, § 712(a)(1)102 Stat. 3248Pub. L. 105–220, title III, § 310112 Stat. 1086Pub. L. 113–128, title III, § 304128 Stat. 1626(, as added , formerly title V, § 501(c), , ; renumbered title VI, § 601(c), , (2), , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

act June 6, 1933, ch. 49, § 648 Stat. 115act Sept. 8, 1950, ch. 933, § 364 Stat. 823A prior section 49e, , , related to apportionment of appropriations, and certification to Secretary of the Treasury, prior to repeal by , .

Amendments

Pub. L. 113–128, § 304(1)section 49d of this titlesection 49d of this title2014—Subsec. (a). , substituted “funds appropriated and (except for Guam) certified under and made available for allotments under this section” for “amounts appropriated pursuant to ”.

Pub. L. 113–128, § 304(2)section 49d of this titleSubsec. (b)(1). , 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 ”; 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.

Pub. L. 105–2201998—Subsec. (b)(1). substituted “Secretary” for “Secretary of Labor” in concluding provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

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

Effective Date of 1998 Amendment

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

Effective Date

section 181(i) of Pub. L. 97–300section 1591(i) of this titleSection effective , but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of section, see , which was formerly classified to .

Pub. L. 113–128Definitions of Terms in

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