Sec. 232. State allotments
1,731 words·~8 min read·
/bill/113/s/1356/rs/section-232A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall— make allotments and grants from the amount appropriated under section 236(b) for a fiscal year in accordance with subsection (b)(1); and reserve 20 percent of the amount appropriated under section 236(c) for the fiscal year for use under subsection (b)(2)(A), and under sections 269(b) (relating to dislocated worker technical assistance), 270(c) (relating to dislocated worker projects), and 271 (relating to national dislocated worker grants) other than subsections (b)(1)(E), (e), and
(f)of that section; and make allotments from 80 percent of the amount appropriated under section 236(c) for the fiscal year in accordance with subsection (b)(2)(B). From the amount made available under subsection (a)(1) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of such amount to provide assistance to the outlying areas. From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for adult employment and training activities and statewide workforce investment activities in accordance with the requirements of section 227(b)(1)(B). After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the amount made available under subsection (a)(1) for that fiscal year to the States pursuant to clause
(ii)for adult employment and training activities and statewide workforce investment activities. Subject to clauses (iii), (iv), and (v), of the remainder, the Secretary shall allot— 40 percent 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; 25 percent on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; and 35 percent 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). In determining an allotment under clause (ii)(III) for any State in which there is a local area whose governing body is the governing body of a concentrated employment program described in section 117(c)(1)(C), the allotment shall be calculated by counting, for that local area, the higher of— the number of adults in families with an income below 150 percent of the poverty line in such area; or the number of disadvantaged adults in such area. In making allotments under this subparagraph, the Secretary shall ensure the following: The Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than an amount based on 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 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 $960,000,000, from the remainder described in clause
(i)for the fiscal year; and if the remainder described in clause
(i)for the fiscal year exceeds $960,000,000, 2/5 of 1 percent of the excess. In this paragraph: The term adult means an individual who is not less than age 22 and not more than age 72. The term allotment percentage , used with respect to fiscal year 2014 or a subsequent fiscal year, means a percentage of the remainder described in subparagraph (B)(i) that is received by the State involved through an allotment made under this paragraph for the fiscal year. The term, used with respect to fiscal year 2013, means the percentage of the amount allotted to States under section 132(b)(1)(B) 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. The term area of substantial unemployment means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this subtitle and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this clause, determinations of areas of substantial unemployment shall be made once each fiscal year. Subject to subparagraph (D), 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 150 percent of the poverty line. For purposes of the formula specified in clauses
(ii)and
(iii)of subparagraph (B), 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 adults. From the amount made available under subsection (a)(2)(A) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of the amount appropriated under section 236(c) for the fiscal year to provide assistance to the outlying areas. From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for dislocated worker employment and training activities and statewide workforce investment activities in accordance with the requirements of section 227(b)(1)(B). The Secretary shall allot the amount made available under subsection (a)(2)(B) for that fiscal year to the States pursuant to clause
(ii)for dislocated worker employment and training activities and statewide workforce investment activities. Subject to clause (iii), of such amount, the Secretary shall allot— 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; 33 1/3 percent 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 33 1/3 percent 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. In making allotments under this subparagraph, the Secretary shall ensure the following: The Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than an amount based on 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 for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. In this paragraph: The term excess number means, used with respect to the excess number of unemployed individuals within a State, the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State. The term allotment percentage , used with respect to fiscal year 2014 or a subsequent fiscal year, means a percentage of the amount described in subparagraph (B)(i) that is received by the State involved through an allotment made under this paragraph for the fiscal year. The term, used with respect to fiscal year 2013, means the percentage of the amount allotted to States under section 132(b)(2)(B) 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. 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 employment and training 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 for programs funded under subsection (b)(1)(B) (relating to adult employment and training) or for programs funded under subsection (b)(2)(B) (relating to dislocated worker employment and training) is equal to the amount by which the unobligated balance from State allotments to the State for adult employment and training activities or dislocated worker employment and training activities, respectively, 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, for adult employment and training activities or dislocated worker employment and training activities, respectively, 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 under paragraph (1)(B) or (2)(B), respectively, of subsection
(b)for the program year for which the determination is made, as compared to the total amount of the State allotments under paragraph (1)(B) or (2)(B), respectively, of subsection
(b)for such program year. For purposes of this subsection, an eligible State means— 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 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. 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.