29 USC 3173 - Within State allocations

U.S Code last checked for updates: Apr 29, 2024

§ 3173.

Within State allocations

(a)

Reservations for State activities

(1)

Statewide workforce investment activities

(2)

Statewide rapid response activities

(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)

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

(B)

the funds that are allotted to the State for dislocated worker employment and training activities and statewide workforce investment activities under section 3172(b)(2)(B) of this title 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)

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

(II)

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

(III)

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

(ii)

Minimum percentage

(iii)

Definition

(B)

Dislocated worker employment and training activities

(i)

Allocation

(ii)

Information

(iii)

Minimum percentage

(iv)

Definition

(C)

Application

For purposes of carrying out subparagraph (A)—

(i)

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

(ii)

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

(iii)

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

(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

(B)

Additional requirements

(i)

Adults

(ii)

Dislocated workers

(c)

Reallocation among local areas

(1)

In general

(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, § 133, July 22, 2014, 128 Stat. 1516.)

cite as: 29 USC 3173