§ 49d–1 TITLE 29—LABOR Page 14

Subsec. (c). Pub. L. 97–300 added subsec. (c).

1981—Subsec. (b). Pub. L. 97–35 inserted provisions authorizing appropriations for fiscal year beginning Oct.

1, 1981, and definition of ‘‘proper and efficient administration of its public employment offices’’.

1976—Subsec. (b). Pub. L. 94–566 substituted ‘‘Guam’’

for ‘‘Guam and the Virgin Islands’’.

1960—Subsec. (b). Pub. L. 86–778 substituted ‘‘Guam

and the Virgin Islands’’ for ‘‘Puerto Rico, Guam, and

the Virgin Islands’’.

1956—Subsec. (b). Act Aug. 1, 1956, inserted ‘‘Guam’’

after ‘‘Puerto Rico’’.

1950—Subsec. (a). Act, Sept. 8, 1950, struck out apportionment formula and requirement that States match

the funds granted them.

1938—Subsec. (a). Act June 29, 1938, substituted ‘‘The

annual appropriation under this chapter shall designate

the amount to’’ for ‘‘Seventy-five per centum of the

amounts appropriated under this chapter shall’’, at beginning of second sentence, and ‘‘the said amount

among the several States’’ for ‘‘said 75 per centum of

amounts appropriated after January 1, 1935, under this

chapter’’ in proviso.

1935—Subsec. (a). Act May 10, 1935, inserted proviso.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97–300 effective Oct. 1, 1983,

but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97–300,

which is classified to section 1591(i) of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94–566 effective on later of

Oct. 1, 1976, or day after day on which Secretary of

Labor approves under section 3304(a) of Title 26, Internal Revenue Code, an unemployment compensation law

submitted to him by Virgin Islands for approval, see

section 116(f)(1) of Pub. L. 94–566, set out as a note

under section 3304 of Title 26.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 543(c) of Pub. L. 86–778 provided that the

amendment made by that section is effective on and

after Jan. 1, 1961.

TRANSFER OF FUNCTIONS

For history of transfer of functions of United States

Employment Service, see note set out under section 49

of this title.

SUSPENSION OF STATE APPROPRIATION REQUIREMENTS

UNTIL JULY 1, 1952

Act Sept. 6, 1950, ch. 896, Ch. V, title I, 64 Stat. 643,

provided in part that: ‘‘No State shall be required to

make any appropriation as provided in section 5(a) of

said Act of June 6, 1933 [subsec. (a) of this section],

prior to July 1, 1952.’’

Similar provisions suspending the requirement until

July 1, 1950 were contained in acts June 16, 1948, ch. 472,

title I, 62 Stat. 445; June 29, 1949, ch. 275, title II, 63

Stat. 284.

CROSS REFERENCES

Transfer of Federal property to States, see section

49c–1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49c, 49c–1, 49e of

this title; title 39 section 3202.

§ 49d–1. Omitted

CODIFICATION

Section, act June 16, 1937, ch. 359, title IV, 50 Stat.

302, provided for reapportionment of unexpended appropriations.

§ 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 of

Labor.

(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, §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.)