29 USC 3162 - State allotments

View all text of Subpart 2 [§ 3161 - § 3164]

§ 3162. State allotments

(a) In general

The Secretary shall—

(1) for each fiscal year for which the amount appropriated under section 3181(a) of this title exceeds $925,000,000, reserve 4 percent of the excess amount to provide youth workforce investment activities under section 3222 of this title (relating to migrant and seasonal farmworkers); and

(2) use the remainder of the amount appropriated under section 3181(a) of this title for a fiscal year to make allotments and grants in accordance with subsection (b).

(b) Allotment among States

(1) Youth workforce investment activities

(A) Native Americans

(B) Outlying areas

(i) In general

(ii) Limitation for outlying areas(I) Competitive grants(II) Award basis(III) Administrative costs

(iii) Additional requirement

(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 youth in each State, compared to the total number of disadvantaged youth 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 individuals who are age 16 through 21 in families with an income below the low-income level in such area; or(II) the number of disadvantaged youth 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

Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than the greater of—

(aa) an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year; or(bb) 100 percent of the allotments of the State under section 127(b)(1)(C) of the Workforce Investment Act of 1998 [29 U.S.C. 2852(b)(1)(C)] (as in effect on the day before July 22, 2014) for fiscal year 2014.(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 $1,000,000,000 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 $1,000,000,000, ⅖ of 1 percent of the excess.(III) Maximum percentage(IV) Minimum funding

(2) Definitions

For the purpose of the formula specified in paragraph (1)(C):

(A) Allotment percentage

(B) Area of substantial unemployment

Subject to paragraph (3), the term “disadvantaged youth” means an individual who is age 16 through 21 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—

(i) the poverty line; or

(ii) 70 percent of the lower living standard income level.

(D) Excess number

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

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

(ii) 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.

(E) Low-income level

(3) Special rule

(1) In general

(2) Amount

(3) Reallotment

(4) Eligibility

(5) Procedures

(Pub. L. 113–128, title I, § 127, July 22, 2014, 128 Stat. 1498.)