# § 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 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:
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.
**(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.
**(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.
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**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.)
## Editorial Notes
### Prior Provisions
A prior section 49e, , , related to apportionment of appropriations, and certification to Secretary of the Treasury, prior to repeal by , .
### Amendments
2014—Subsec. (a). , substituted “funds appropriated and (except for Guam) certified under and made available for allotments under this section” for “amounts appropriated pursuant to ”.
Subsec. (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.
1998—Subsec. (b)(1). substituted “Secretary” for “Secretary of Labor” in concluding provisions.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2014 Amendment
Amendment 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
Amendment by effective , see , formerly set out as a note under .
### Effective Date
Section 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 .
### Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in , which is classified to , apply to this section.