29 USC 3172 - State allotments

U.S Code last checked for updates: Nov 22, 2024

§ 3172.

State allotments

(a)

In general

The Secretary shall—

(1)

make allotments and grants from the amount appropriated under section 3181(b) of this title for a fiscal year in accordance with subsection (b)(1); and

(2)

(A)

reserve 20 percent of the amount appropriated under section 3181(c) of this title for the fiscal year for use under subsection (b)(2)(A), and under sections 3223(b) (relating to dislocated worker technical assistance), 3224(c) (relating to dislocated worker projects), and 3225 of this title (relating to national dislocated worker grants); and

(B)

make allotments from 80 percent of the amount appropriated under section 3181(c) of this title for the fiscal year in accordance with subsection (b)(2)(B).

(b)

Allotment among States

(1)

Adult employment and training activities

(A)

Reservation for outlying areas

(i)

In general

(ii)

Applicability of additional requirements

(B)

States

(i)

In general

(ii)

Formula

Subject to clauses (iii) and (iv), of the remainder—

(I)

33⅓ percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;

(II)

33⅓ percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and

(III)

33⅓ percent shall be allotted on the basis of the relative number of disadvantaged adults in each State, compared to the total number of disadvantaged adults in all States, except as described in clause (iii).

(iii)

Calculation

In determining an allotment under clause (ii)(III) for any State in which there is an area that was designated as a local area as described in section 3122(c)(1)(C) of this title, the allotment shall be based on the higher of—

(I)

the number of adults in families with an income below the low-income level in such area; or

(II)

the number of disadvantaged adults in such area.

(iv)

Minimum and maximum percentages and minimum allotments

In making allotments under this subparagraph, the Secretary shall ensure the following:

(I)

Minimum percentage and allotment

(II)

Small State minimum allotment

Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of—

(aa)

³⁄₁₀ of 1 percent of $960,000,000 of the remainder described in clause (i) for the fiscal year; and

(bb)

if the remainder described in clause (i) for the fiscal year exceeds $960,000,000, ⅖ of 1 percent of the excess.

(III)

Maximum percentage

(IV)

Minimum funding

(v)

Definitions

For the purpose of the formula specified in this subparagraph:

(I)

Adult

(II)

Allotment percentage

(III)

Area of substantial unemployment

(IV)

Disadvantaged adult

Subject to subclause (V), the term “disadvantaged adult” means an adult who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of—

(aa)

the poverty line; or

(bb)

70 percent of the lower living standard income level.

(V)

Disadvantaged adult special rule

(VI)

Excess number

The term “excess number” means, used with respect to the excess number of unemployed individuals within a State, the higher of—

(aa)

the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or

(bb)

the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State.

(VII)

Low-income level

(2)

Dislocated worker employment and training activities

(A)

Reservation for outlying areas

(i)

In general

(ii)

Applicability of additional requirements

(B)

States

(i)

In general

(ii)

Formula

Subject to clause (iii), of the amount—

(I)

33⅓ percent shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States;

(II)

33⅓ percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and

(III)

33⅓ percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more.

(iii)

Minimum and maximum percentages and minimum allotments

In making allotments under this subparagraph, for fiscal year 2016 and each subsequent fiscal year, the Secretary shall ensure the following:

(I)

Minimum percentage and allotment

(II)

Maximum percentage

(iv)

Definitions

For the purpose of the formula specified in this subparagraph:

(I)

Allotment percentage

(II)

Excess number

(c)

Reallotment

(1)

In general

(2)

Amount

(3)

Reallotment

(4)

Eligibility

For purposes of this subsection, an eligible State means—

(A)

with respect to funds allotted through a State allotment for adult employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made; and

(B)

with respect to funds allotted through a State allotment for dislocated worker employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made.

(5)

Procedures

(Pub. L. 113–128, title I, § 132, July 22, 2014, 128 Stat. 1511; Pub. L. 114–18, § 2(d), May 22, 2015, 129 Stat. 213.)

cite as: 29 USC 3172