Section 1602 · Allotment and allocation

Enactment of Alternative Text

Pub. L. 102–367, title II, §202, title VII, §701(d), Sept. 7, 1992, 106 Stat. 1052, 1107, provided that, subject to the condition specified in section 701(d) of Pub. L. 102–367, set out below, this subchapter (as amended by section 201 of Pub. L. 102–367) is amended by adding at the end the following:

§1602. Allotment and allocation

(a) Allotment

(1) Territories

Of the amount appropriated under section 1502(a)(1) of this title for each fiscal year and available to carry out this part, not more than one-quarter of 1 percent shall be allotted among Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau.

(2) State reservation

After determining the amounts to be allotted under paragraph (1), the Secretary shall allot 77 percent of the remainder to the States for allocation to service delivery areas within each State. Each State shall allocate to each service delivery area within the State the amount determined by the Secretary for such service delivery area pursuant to the formula contained in subsection (b) of this section. The remaining 23 percent shall be allotted in accordance with subsection (c) of this section.

(b) Allocation to service delivery areas

(1) Formula

Subject to the provisions of paragraph (2), of the amounts allocated to service delivery areas for this part for each fiscal year—

(A) 331/3 percent shall be allocated on the basis of the relative number of unemployed individuals residing in areas of substantial unemployment within each service delivery area as compared to the total number of such unemployed individuals in all such areas of substantial unemployment in all service delivery areas in all States;

(B) 331/3 percent shall be allocated on the basis of the relative excess number of unemployed individuals within each service delivery area as compared to the total excess number of unemployed individuals in all service delivery areas in all States; and

(C) 331/3 percent shall be allocated on the basis of the relative number of economically disadvantaged adults within each service delivery area as compared to the total number of economically disadvantaged adults in all service delivery areas in all States, except that for any service delivery area described in section 1511(a)(4)(A)(iii) of this title, the allocation shall be based on the higher of the number of adults in families with an income below the low-income level in such area or the number of economically disadvantaged adults in such area.

(2) Limitations

(A) Minimum percentage

No service delivery area shall be allocated less than 90 percent of its allocation percentage for the fiscal year preceding the fiscal year for which the determination is made.

(B) Maximum percentage

No service delivery area shall be allocated more than 130 percent of its allocation percentage for the fiscal year preceding the fiscal year for which the determination is made.

(C) State minimum

Notwithstanding subparagraphs (A) and (B), the total allocation for all service delivery areas within any one State shall not be less than one-quarter of 1 percent of the total allocated to all service delivery areas in all States.

(D) Allocation percentage

(i) In general

Except as provided in clause (ii), for purposes of subparagraphs (A) and (B), the allocation percentage of a service delivery area for a fiscal year shall be the percentage of funds allocated to the service delivery area under this subsection.

(ii) Fiscal year 1992

For purposes of subparagraphs (A) and (B), the allocation percentage of a service delivery area for fiscal year 1992 shall be the percentage of funds allocated to the service delivery area under this part.

(c) State activities

(1) Division

Of the remaining 23 percent of funds available for allotment to States under this part for each fiscal year—

(A) 5 percent of the funds available for such allotment under this part shall be allotted to the States in accordance with paragraph (2), for overall administration, management, and auditing activities relating to programs under this subchapter and for activities described in sections 1531 and 1532 of this title;

(B) 5 percent of the funds available for such allotment under this part shall be allotted to the States in accordance with paragraph (2), to provide incentive grants authorized under section 1516(b)(7) of this title, in accordance with paragraph (3);

(C) 8 percent of the funds available for such allotment under this part shall be allotted to the States in accordance with paragraph (2) to carry out section 1533 of this title; and

(D) 5 percent of the funds available for such allotment under this part shall be allotted to carry out section 1604(d) of this title.

(2) Formula for allotment

The allotments to each State described in paragraph (1) shall be based on the relative amount of funds allocated to all service delivery areas within such State under subsection (b) of this section as compared to the amount of funds allocated to all service delivery areas in all States under subsection (b) of this section.

(3) Other uses

(A) Capacity building and technical assistance

The Governor may use up to 33 percent of the amount allotted under paragraph (1)(B) for providing capacity building and technical assistance to service delivery areas and service providers. Such use of funds may include the development and training of service delivery area and service provider staff and the development of exemplary program activities.

(B) Nonduplication and coordination

Funds used under subparagraph (A)—

(i) may not be used to duplicate the activities of the Capacity Building and Information and Dissemination Network established under section 1733(b) of this title; and

(ii) shall, to the extent practicable, be used to coordinate the activities under subparagraph (A) with the activities of the Network under section 1733(b) of this title.

(d) Definitions and rule

(1) Definitions

As used in this section:

(A) Economically disadvantaged adult

The term “economically disadvantaged adult” means an individual who is age 22 through 72 and who has, or is a member of a family that has, received a total family income that, in relation to family size, was not in excess of the higher of—

(i) the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 9902(2) of title 42; 2 or

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

(B) Excess number

The term “excess number” means, with respect to the excess number of unemployed individuals within a service delivery area, the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the service delivery area, or 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 service delivery area.

(C) State

The term “State” means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

(2) Special rule

For the purposes of this section, 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 economically disadvantaged adults.

Codification

This section is based on the text of section 202 of Pub. L. 97–300 (the Job Training Partnership Act), as set forth in section 701(c)(1) of Pub. L. 102–367. Section 701(c)(1), which directed the general amendment of section 202 of Pub. L. 97–300, was executed by adding this section. See section 701 of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions note under section 1501 of this title.

Prior Provisions

A prior section 1602, Pub. L. 97–300, title II, §202, Oct. 13, 1982, 96 Stat. 1359; Pub. L. 99–496, §§5(a), 6, Oct. 16, 1986, 100 Stat. 1262; Pub. L. 100–628, title VII, §713(a), Nov. 7, 1988, 102 Stat. 3255, related to allocation within States of funds under this subchapter, prior to repeal by Pub. L. 102–367, title II, §201, title VII, §701(a), Sept. 7, 1992, 106 Stat. 1052, 1103, effective July 1, 1993.

Effective Date; Transition Provisions

Section 701(c) and (d) of Pub. L. 102–367 provided that:

“(c) Interim Training Services Formula.—

“(1) Level of funding.—If the amount appropriated to carry out parts A and C of title II of the Job Training Partnership Act [29 U.S.C. 1601 et seq., 1641 et seq.] for fiscal year 1993 is less than the sum of—

“(A) $25,000,000; and

“(B) the amount appropriated to carry out part A of title II of such Act, as in effect on the day before the date of enactment of this Act [Sept. 7, 1992], for fiscal year 1992,

the amendment made by section 202 of this Act [enacting this section] shall not take effect on July 1, 1993 [Amendment by section 202 did not take effect July 1, 1993, because the appropriations for fiscal year 1993 were less than the sum referred to above.], and section 202 of the Job Training Partnership Act [this section] shall be amended to read as follows: [See text of section above.]

“(2) Effective date.—Any amendment made by paragraph (1) shall take effect on July 1, 1993.

“(d) Permanent Training Services Formula.—

“(1) Level of funding.—If section 202 of the Job Training Partnership Act [this section] is amended in accordance with subsection (c) and the amount appropriated to carry out parts A and C of title II of the Job Training Partnership Act [29 U.S.C. 1601 et seq., 1641 et seq.] for a fiscal year is not less than the sum of—

“(A) $25,000,000; and

“(B) the amount appropriated to carry out part A of title II of such Act, as in effect on the day before the date of enactment of this Act [Sept. 7, 1992], for fiscal year 1992,

the amendment made by section 202 of this Act [enacting this section] shall take effect. [Amendment by section 202 did not take effect because the appropriations referred to above for fiscal year 1995 were less than the sum referred to above.]

“(2) Effective date.—Any amendment made by paragraph (1) shall take effect on October 1 of the fiscal year described in paragraph (1).”