Sec. 227. State allotments
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The Secretary shall— for each fiscal year for which the amount appropriated under section 236(a) exceeds $1,000,000,000, reserve a portion (but not more than $10,000,000) of the amount appropriated under section 236(a) to provide youth workforce investment activities under section 267 (relating to migrant and seasonal farmworkers); and use the remainder of the amount appropriated under section 236(a) for a fiscal year to make allotments and grants in accordance with subsection (b).
From the amount appropriated under section 236(a) for a fiscal year that is not reserved under subsection (a)(1), the Secretary shall reserve not more than 1 1/2 percent of such amount to provide youth workforce investment activities under section 266 (relating to Native Americans). From the amount appropriated under section 236(a) for each fiscal year that is not reserved under subsection (a)(1) and subparagraph (A), the Secretary shall reserve not more than 1/4 of 1 percent of such amount to provide assistance to the outlying areas to carry out youth workforce investment activities and statewide workforce investment activities.
The Secretary shall use funds reserved under clause
(i)to award grants to outlying areas to carry out youth workforce investment activities and statewide workforce investment activities. The Secretary shall award grants pursuant to subclause
(I)on a competitive basis and pursuant to the recommendations of experts in the field of employment and training, working through the Pacific Region Educational Laboratory in Honolulu, Hawaii. The Secretary may provide not more than 5 percent of the funds made available for grants under subclause
(I)to pay the administrative costs of the Pacific Region Educational Laboratory in Honolulu, Hawaii, regarding activities assisted under this clause. The provisions of section 501 of Public Law 95–134 ( 48 U.S.C. 1469a ), permitting the consolidation of grants by the outlying areas, shall not apply to assistance provided to those areas, including Palau, under this subparagraph. From the remainder of the amount appropriated under section 236(a) for a fiscal year that exists after the Secretary determines the amounts to be reserved under subsection (a)(1) and subparagraphs
(A)and (B), the Secretary shall make allotments to the States in accordance with clause (ii). Subject to clauses
(iii)and (iv), of the amount described in clause (i), the Secretary shall allot— 33 1/3 percent on the basis of the relative number of individuals in the civilian labor force who are ages 16 through 21 in each State, compared to the total number of individuals in the civilian labor force who are ages 16 through 21 in all States; 33 1/3 percent on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States; and 33 1/3 percent on the basis of the relative number of disadvantaged youth who are ages 16 through 21 in each State, compared to the total number of disadvantaged youth who are ages 16 through 21 in all States. The Secretary shall ensure that no State shall receive an allotment percentage under this subparagraph for a fiscal year that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year. Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage under this subparagraph for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. Subject to clause (iii), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of— 3/10 of 1 percent of $1,000,000,000, from the remainder described in clause
(i)for the fiscal year; and if the remainder described in clause
(i)for the fiscal year exceeds $1,000,000,000, 2/5 of 1 percent of the excess. In paragraph (1): The term allotment percentage , used with respect to fiscal year 2014 or a subsequent fiscal year, means a percentage of the remainder described in paragraph (1)(C)(i) that is received by the State involved through an allotment made under this subsection for the fiscal year. The term, used with respect to fiscal year 2013, means the percentage of the amount allotted to States under chapter 4 of subtitle B of title I of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received by the State involved for fiscal year 2013. Subject to paragraph (3), the term disadvantaged youth means an individual who— is age 16 through 21; and 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 150 percent of the poverty line. For purposes of the formula specified in paragraph (1)(C)(ii), the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged youth. The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities and statewide workforce investment activities (referred to individually in this subsection as a State allotment ) and that are available for reallotment. The amount available for reallotment for a program year is equal to the amount by which the unobligated balance from State allotments to the State at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (and amounts from State allotments to the State, for all program years before that prior program year, that remained available). In making reallotments to eligible States of amounts available pursuant to paragraph
(2)for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment for the program year for which the determination is made, as compared to the total amount of the State allotments for all eligible States for such program year. For purposes of this subsection, an eligible State means a State that does not have an amount available for reallotment under paragraph
(2)for the program year for which the determination under paragraph
(2)is made. The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection.
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- Pub. L. 95-134
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