29 U.S.C. § 49e — Allotment of funds

Page 16 TITLE 29—LABOR § 49d–1 the amount to’’ for ‘‘Seventy-five per centum of the amounts appropriated under this chapter shall’’, at be- ginning 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–220 effective July 1, 1999, see section 311 of Pub. L. 105–220, formerly set out as a note under section 49a of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–300 effective Oct. 1, 1983, but with Secretary authorized to use funds appro- priated for fiscal 1983 to plan for orderly implementa- tion of amendment, see section 181(i) of Pub. L. 97–300, which was formerly 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, Inter- nal 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 Pub. L. 86–778, title V, § 543(c), Sept. 13, 1960, 74 Stat. 987, provided that the amendment made by that section is effective on and after Jan. 1, 1961. 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. § 49d–1. Omitted Editorial Notes CODIFICATION Section, act June 16, 1937, ch. 359, title IV, 50 Stat. 302, provided for reapportionment of unexpended appro- priations. § 49e. Allotment of funds (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 re- quired 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 al- lotted 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 al- lotted on the basis of the relative number of unemployed individuals in each State as com- pared 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 pre- ceding the fiscal year for which the determina- tion is made. For the purpose of this section, the Secretary shall determine the allotment per- centage 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 fis- cal year. For each succeeding fiscal year, the al- lotment 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 sec- tion sufficient to provide staff and other re- sources 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 fis- cal year, provide final planning estimates, show- ing each State’s projected allocation for the fol- lowing 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; 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.) 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 re- peal by act Sept. 8, 1950, ch. 933, § 3, 64 Stat. 823. Page 17 TITLE 29—LABOR § 49f AMENDMENTS 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 appro- priated pursuant to section 49d of this title’’. Subsec. (b)(1). Pub. L. 113–128, § 304(2), in introductory provisions, inserted ‘‘after making the allotments re- quired 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 ‘‘Sec- retary’’ for ‘‘Secretary of Labor’’ in concluding provi- sions. 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 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. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–220 effective July 1, 1999, see section 311 of Pub. L. 105–220, formerly set out as a note under section 49a of this title. EFFECTIVE DATE Section effective Oct. 1, 1983, but with Secretary au- thorized 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 sec- tion 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. § 49f. Percentage disposition of allotted funds (a) Use of 90 percent of funds allotted Ninety percent of the sums allotted to each State pursuant to section 49e of this title may be used— (1) for job search and placement services to job seekers, including unemployment insur- ance claimants, including counseling, testing, occupational and labor market information, assessment, and referral to employers; (2) for appropriate recruitment services and special technical services for employers; and (3) for any of the following activities: (A) evaluation of programs; (B) developing linkages between services funded under this chapter and related Fed- eral or State legislation, including the pro- vision of labor exchange services at edu- cation sites; (C) providing services for workers who have received notice of permanent layoff or impending layoff, or workers in occupations which are experiencing limited demand due to technological change, impact of imports, or plant closures; (D) developing and providing labor market and occupational information; (E) developing a management information system and compiling and analyzing reports therefrom; (F) administering the work test for the State unemployment compensation system, including making eligibility assessments, and providing job finding and placement services for unemployment insurance claim- ants; and (G) providing unemployment insurance claimants with referrals to, and application assistance for, training and education re- sources and programs, including Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.), educational assistance under chapter 30 of title 38 (commonly re- ferred to as the Montgomery GI Bill), and chapter 33 of that title (Post-9/11 Veterans Educational Assistance), student assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), State student higher education assistance, and training and education programs provided under ti- tles I and II of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq., 3271 et seq.], and title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.). (b) Use of 10 percent of funds allotted Ten percent of the sums allotted to each State pursuant to section 49e of this title shall be re- served for use in accordance with this sub- section by the Governor of each such State to provide— (1) performance incentives for public em- ployment service offices and programs, con- sistent with the performance accountability measures that are based on indicators de- scribed in section 116(b)(2)(A)(i) of the Work- force Innovation and Opportunity Act [29 U.S.C. 3141(b)(2)(A)(i)], taking into account di- rect or indirect placements (including those resulting from self-directed job search or group job search activities assisted by such of- fices or programs), wages on entered employ- ment, retention, and other appropriate fac- tors; (2) services for groups with special needs, carried out pursuant to joint agreements be- tween the employment service offices and the appropriate local workforce investment board and chief elected official or officials or other public agencies or private nonprofit organiza- tions; and (3) the extra costs of exemplary models for delivering services of the types described in subsection (a), and models for enhancing pro- fessional development and career advance- ment opportunities of State agency staff, as described in section 49b(c)(4) of this title. (c) Joint funding (1) Funds made available to States under this section may be used to provide additional funds under an applicable program if— (A) such program otherwise meets the re- quirements of this chapter and the require- ments of the applicable program; (B) such program serves the same individ- uals that are served under this chapter; (C) such program provides services in a co- ordinated manner with services provided under this chapter; and