29 U.S.C. § 3173 | Within State allocations

(a)

Reservations for State activities

(1)

Statewide workforce investment activities

section 3163(a) of this titleThe Governor shall make the reservation required under .

(2)

Statewide rapid response activities

section 3172(b)(2)(B) of this title section 3174(a)(2)(A) of this titleThe Governor shall reserve not more than 25 percent of the total amount allotted to the State under for a fiscal year for statewide rapid response activities described in .

(b)

Within State allocation

(1)

Methods

The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate—

(A)

section 3172(b)(1)(B) of this title the funds that are allotted to the State for adult employment and training activities and statewide workforce investment activities under and are not reserved under subsection (a)(1), in accordance with paragraph (2) or (3); and

(B)

section 3172(b)(2)(B) of this title the funds that are allotted to the State for dislocated worker employment and training activities and statewide workforce investment activities under and are not reserved under paragraph (1) or (2) of subsection (a), in accordance with paragraph (2).

(2)

Formula allocations

(A)

Adult employment and training activities

(i)

Allocation

In allocating the funds described in paragraph (1)(A) to local areas, a State may allocate—

(I)

section 3172(b)(1)(B)(ii)(I) of this title 33⅓ percent of the funds on the basis described in ;

(II)

section 3172(b)(1)(B)(ii)(II) of this title 33⅓ percent of the funds on the basis described in ; and

(III)

section 3172(b)(1)(B) of this title 33⅓ percent of the funds on the basis described in clauses (ii)(III) and (iii) of .

(ii)

Minimum percentage

The local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.

(iii)

Definition

29 U.S.C. 2863(b)July 22, 2014In this subparagraph, the term “allocation percentage”, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the amount allocated to local areas under paragraphs (2)(A) and (3) of section 133(b) of the Workforce Investment Act of 1998 [] (as in effect on the day before ), received through an allocation made under paragraph (2)(A) or (3) of that section for fiscal year 2013 or 2014, respectively.

(B)

Dislocated worker employment and training activities

(i)

Allocation

In allocating the funds described in paragraph (1)(B) to local areas, a State shall allocate the funds based on an allocation formula prescribed by the Governor of the State. Such formula may be amended by the Governor not more than once for each program year. Such formula shall utilize the most appropriate information available to the Governor to distribute amounts to address the State’s worker readjustment assistance needs.

(ii)

Information

The information described in clause (i) shall include insured unemployment data, unemployment concentrations, plant closing and mass layoff data, declining industries data, farmer-rancher economic hardship data, and long-term unemployment data.

(iii)

Minimum percentage

The local area shall not receive an allocation percentage for fiscal year 2016 or a subsequent fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.

(iv)

Definition

29 U.S.C. 2863(b)(2)(B)July 22, 2014In this subparagraph, the term “allocation percentage”, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means a percentage of the amount allocated to local areas under section 133(b)(2)(B) of the Workforce Investment Act of 1998 [] (as in effect on the day before ), received through an allocation made under that section for fiscal year 2014.

(C)

Application

For purposes of carrying out subparagraph (A)—

(i)

section 3172(b) of this title references in to a State shall be deemed to be references to a local area;

(ii)

section 3172(b) of this title references in to all States shall be deemed to be references to all local areas in the State involved; and

(iii)

section 3172(b)(1) of this title section 3172(b)(1) of this title except as described in clause (i), references in to the term “excess number” shall be considered to be references to the term as defined in .

(3)

Adult employment and training discretionary allocations

In lieu of making the allocation described in paragraph (2)(A), in allocating the funds described in paragraph (1)(A) to local areas, a State may distribute—

(A)

a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and

(B)

the remaining portion of the funds on the basis of a formula that—

(i)

incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to—

(I)

excess poverty in urban, rural, and suburban local areas; and

(II)

excess unemployment above the State average in urban, rural, and suburban local areas; and

(ii)

was developed by the State board and approved by the Secretary as part of the State plan.

(4)

Transfer authority

A local board may transfer, if such a transfer is approved by the Governor, up to and including 100 percent of the funds allocated to the local area under paragraph (2)(A) or (3), and up to and including 100 percent of the funds allocated to the local area under paragraph (2)(B), for a fiscal year between—

(A)

adult employment and training activities; and

(B)

dislocated worker employment and training activities.

(5)

Allocation

(A)

In general

section 3174 of this titleThe Governor shall allocate the funds described in paragraph (1) to local areas under paragraphs (2) and (3) for the purpose of providing a single system of employment and training activities for adults and dislocated workers in accordance with subsections (c) and (d) of .

(B)

Additional requirements

(i)

Adults

section 3151(e) of this title section 3151(h) of this title section 3174 of this titleFunds allocated under paragraph (2)(A) or (3) shall be used by a local area to contribute to the costs of the one-stop delivery system described in as determined under and to pay for employment and training activities provided to adults in the local area, consistent with .

(ii)

Dislocated workers

section 3151(e) of this title section 3151(h) of this title section 3174 of this titleFunds allocated under paragraph (2)(B) shall be used by a local area to contribute to the costs of the one-stop delivery system described in as determined under and to pay for employment and training activities provided to dislocated workers in the local area, consistent with .

(c)

Reallocation among local areas

(1)

In general

The Governor may, in accordance with this subsection and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under paragraph (2)(A) or (3) of subsection (b) or a corresponding provision of the Workforce Investment Act of 1998 for adult employment and training activities, or under subsection (b)(2)(B) or a corresponding provision of the Workforce Investment Act of 1998 for dislocated worker employment and training activities (referred to individually in this subsection as a “local allocation”) and that are available for reallocation.

(2)

Amount

The amount available for reallocation for a program year—

(A)

for adult employment and training activities is equal to the amount by which the unobligated balance of the local allocation under paragraph (2)(A) or (3) of subsection (b) for such activities, at the end of the program year prior to the program year for which the determination under this subparagraph is made, exceeds 20 percent of such allocation for the prior program year; and

(B)

for dislocated worker employment and training activities is equal to the amount by which the unobligated balance of the local allocation under subsection (b)(2)(B) for such activities, at the end of the program year prior to the program year for which the determination under this subparagraph is made, exceeds 20 percent of such allocation for the prior program year.

(3)

Reallocation

In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State—

(A)

with respect to such available amounts that were allocated under paragraph (2)(A) or (3) of subsection (b), an amount based on the relative amount of the local allocation under paragraph (2)(A) or (3) of subsection (b), as appropriate, for the program year for which the determination is made, as compared to the total amount of the local allocations under paragraph (2)(A) or (3) of subsection (b), as appropriate, for all eligible local areas in the State for such program year; and

(B)

with respect to such available amounts that were allocated under subsection (b)(2)(B), an amount based on the relative amount of the local allocation under subsection (b)(2)(B) for the program year for which the determination is made, as compared to the total amount of the local allocations under subsection (b)(2)(B) for all eligible local areas in the State for such program year.

(4)

Eligibility

For purposes of this subsection, an eligible local area means—

(A)

with respect to funds allocated through a local allocation for adult employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made; and

(B)

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

Pub. L. 113–128, title I, § 133July 22, 2014128 Stat. 1516(, , .)

Editorial Notes

References in Text

Pub. L. 105–220Aug. 7, 1998112 Stat. 936 Pub. L. 113–128, title VJuly 22, 2014128 Stat. 1703July 1, 2015section 3361(a) of this title Pub. L. 113–128July 22, 2014128 Stat. 1425 section 3101 of this titleThe Workforce Investment Act of 1998, referred to in subsec. (c)(1), is , , , and was repealed by , §§ 506, 511(a), , , 1705, effective . Pursuant to , references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, , , . For complete classification of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

July 22, 2014July 1, 2015section 506 of Pub. L. 113–128 section 3101 of this titleSection effective on the first day of the first full program year after (), see , set out as a note under .