
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC2852]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
     SUBCHAPTER II--STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS
 
                        Part D--Youth Activities
 
Sec. 2852. State allotments


(a) In general

    The Secretary shall--
        (1) for each fiscal year in which the amount appropriated under 
    section 2872(a) of this title exceeds $1,000,000,000, reserve a 
    portion determined under subsection (b)(1)(A) of this section of the 
    amount appropriated under section 2872(a) of this title for use 
    under sections 2912 (relating to migrant and seasonal farmworker 
    programs) and 2914 (relating to youth opportunity grants) of this 
    title; and
        (2) use the remainder of the amount appropriated under section 
    2872(a) of this title for a fiscal year to make allotments and 
    grants in accordance with subparagraphs (B) and (C) of subsection 
    (b)(1) of this section and make funds available for use under 
    section 2911 of this title (relating to Native American programs).

(b) Allotment among States

                        (1) Youth activities

        (A) Youth opportunity grants

            (i) In general

                For each fiscal year in which the amount appropriated 
            under section 2872(a) of this title exceeds $1,000,000,000, 
            the Secretary shall reserve a portion of the amount to 
            provide youth opportunity grants and other activities under 
            section 2914 of this title (relating to youth opportunity 
            grants) and provide youth activities under section 2912 of 
            this title (relating to migrant and seasonal farmworker 
            programs).
            (ii) Portion

                The portion referred to in clause (i) shall equal, for a 
            fiscal year--
                    (I) except as provided in subclause (II), the 
                difference obtained by subtracting $1,000,000,000 from 
                the amount appropriated under section 2872(a) of this 
                title for the fiscal year; or
                    (II) for any fiscal year in which the amount is 
                $1,250,000,000 or greater, $250,000,000.
            (iii) Youth activities for farmworkers

                From the portion described in clause (i) for a fiscal 
            year, the Secretary shall make available 4 percent of such 
            portion to provide youth activities under section 2912 of 
            this title.
            (iv) Role model academy project

                From the portion described in clause (i) for fiscal year 
            1999, the Secretary shall make available such sums as the 
            Secretary determines to be appropriate to carry out section 
            2914(g) of this title.

        (B) Outlying areas

            (i) In general

                From the amount made available under subsection (a)(2) 
            of this section for a fiscal year, the Secretary shall 
            reserve not more than \1/4\ of 1 percent of the amount 
            appropriated under section 2872(a) of this title for the 
            fiscal year--
                    (I) to provide assistance to the outlying areas to 
                carry out youth activities and statewide workforce 
                investment activities; and
                    (II) for each of fiscal years 1999, 2000, and 2001, 
                to carry out the competition described in clause (ii), 
                except that the funds reserved to carry out such clause 
                for any such fiscal year shall not exceed the amount 
                reserved for the Freely Associated States for fiscal 
                year 1997, from amounts reserved under sections 252(a) 
                and 262(a)(1) of the Job Training Partnership Act (as in 
                effect on the day before August 7, 1998).
            (ii) Limitation for Freely Associated States

                (I) Competitive grants

                    The Secretary shall use funds described in clause 
                (i)(II) to award grants to Guam, American Samoa, the 
                Commonwealth of the Northern Mariana Islands, and the 
                Freely Associated States to carry out youth activities 
                and statewide workforce investment activities.
                (II) Award basis

                    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.
                (III) Assistance requirements

                    Any Freely Associated State that desires to receive 
                assistance under this subparagraph shall submit an 
                application to the Secretary and shall include in the 
                application for assistance--
                        (aa) information demonstrating that the Freely 
                    Associated State will meet all conditions that apply 
                    to States under this chapter;
                        (bb) an assurance that, notwithstanding any 
                    other provision of this chapter, the Freely 
                    Associated State will use such assistance only for 
                    the direct provision of services; and
                        (cc) such other information and assurances as 
                    the Secretary may require.
                (IV) Termination of eligibility

                    Notwithstanding any other provision of law, the 
                Freely Associated States shall not receive any 
                assistance under this subparagraph for any program year 
                that begins after September 30, 2001.
                (V) Administrative costs

                    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.
            (iii) Additional requirement

                The provisions of Public Law 95-134, permitting the 
            consolidation of grants by the outlying areas, shall not 
            apply to assistance provided to those areas, including the 
            Freely Associated States, under this subparagraph.

        (C) States

            (i) In general

                After determining the amounts to be reserved under 
            subparagraph (A) (if any) and subparagraph (B), the 
            Secretary shall--
                    (I) from the amount referred to in subsection (a)(2) 
                of this section for a fiscal year, make available not 
                more than 1.5 percent to provide youth activities under 
                section 2911 of this title (relating to Native 
                Americans); and
                    (II) allot the remainder of the amount referred to 
                in subsection (a)(2) of this section for a fiscal year 
                to the States pursuant to clause (ii) for youth 
                activities and statewide workforce investment 
                activities.
            (ii) Formula

                Subject to clauses (iii) and (iv), of the remainder--
                    (I) 33\1/3\ 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) 33\1/3\ 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) 33\1/3\ 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 a local area designated under 
            section 2831(a)(2)(B) of this title (relating to the area 
            served by a rural concentrated employment program grant 
            recipient), 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 total of the allotments 
                    of the State under sections 252 and 262 of the Job 
                    Training Partnership Act (as in effect on the day 
                    before August 7, 1998) for fiscal year 1998.
                (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)(II) for the 
                    fiscal year; and
                        (bb) if the remainder described in clause 
                    (i)(II) for the fiscal year exceeds $1,000,000,000, 
                    \2/5\ of 1 percent of the excess.
                (III) Maximum percentage

                    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.
                (IV) Minimum funding

                    In any fiscal year in which the remainder described 
                in clause (i)(II) does not exceed $1,000,000,000, the 
                minimum allotments under subclauses (I) and (II) shall 
                be calculated by the methodology for calculating the 
                corresponding allotments under parts B and C of title II 
                of the Job Training Partnership Act, as in effect on 
                July 1, 1998.

                           (2) Definitions

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

        (A) Allotment percentage

            The term ``allotment percentage'', used with respect to 
        fiscal year 2000 or a subsequent fiscal year, means a percentage 
        of the remainder described in paragraph (1)(C)(i)(II) that is 
        received through an allotment made under paragraph (1)(C) for 
        the fiscal year. The term, used with respect to fiscal year 1998 
        or 1999, means the percentage of the amounts allotted to States 
        under sections 252(b) and 262(a) of the Job Training Partnership 
        Act (as in effect on the day before August 7, 1998) that is 
        received under such sections by the State involved for fiscal 
        year 1998 or 1999.

        (B) Area of substantial unemployment

            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 
        subchapter 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 subparagraph, 
        determinations of areas of substantial unemployment shall be 
        made once each fiscal year.

        (C) Disadvantaged youth

            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

            The term ``low-income level'' means $7,000 with respect to 
        income in 1969, and for any later year means that amount that 
        bears the same relationship to $7,000 as the Consumer Price 
        Index for that year bears to the Consumer Price Index for 1969, 
        rounded to the nearest $1,000.

                          (3) Special rule

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

                           (4) Definition

        In this subsection, the term ``Freely Associated State'' means 
    the Republic of the Marshall Islands, the Federated States of 
    Micronesia, and the Republic of Palau.

(c) Reallotment

                           (1) In general

        The Secretary shall, in accordance with this subsection, reallot 
    to eligible States amounts that are allotted under this section for 
    youth activities and statewide workforce investment activities and 
    that are available for reallotment.

                             (2) Amount

        The amount available for reallotment for a program year is equal 
    to the amount by which the unobligated balance of the State 
    allotment under this section for such activities, at the end of the 
    program year prior to the program year for which the determination 
    under this paragraph is made, exceeds 20 percent of such allotment 
    for the prior program year.

                           (3) Reallotment

        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 
    allotted to such State under this section for such activities for 
    the prior program year, as compared to the total amount allotted to 
    all eligible States under this section for such activities for such 
    prior program year.

                           (4) Eligibility

        For purposes of this subsection, an eligible State means a State 
    that has obligated at least 80 percent of the State allotment under 
    this section for such activities for the program year prior to the 
    program year for which the determination under paragraph (2) is 
    made.

                           (5) Procedures

        The Governor of each State 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.

(Pub. L. 105-220, title I, Sec. 127, Aug. 7, 1998, 112 Stat. 971.)

                       References in Text

    Public Law 95-134, referred to in subsec. (b)(1)(B)(iii), is Pub. L. 
95-134, Oct. 15, 1977, 91 Stat. 1159, as amended. Provisions relating to 
consolidation of grants are contained in section 501 of Pub. L. 95-134 
which is classified to section 1469a of Title 48, Territories and 
Insular Possessions.
    The Job Training Partnership Act, referred to in subsec. 
(b)(1)(B)(i)(II), (C)(iv)(I)(bb), (IV), (2)(A), is Pub. L. 97-300, Oct. 
13, 1982, 96 Stat. 1322, as amended, which was repealed by Pub. L. 105-
220, title I, Sec. 199(b)(2), Aug. 7, 1998, 112 Stat. 1059, effective 
July 1, 2000. Parts B and C of title II of the Act were classified 
generally to parts B (Sec. 1630 et seq.) and C (Sec. 1641 et seq.) of 
subchapter II of chapter 19 of this title, respectively, prior to repeal 
by Pub. L. 105-220. Sections 252 and 262 of the Act were classified to 
sections 1631 and 1642 of this title, respectively, prior to repeal by 
Pub. L. 105-220. For complete classification of this Act to the Code, 
see Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 2801, 2822, 2831, 2851, 
2853, 2854, 2862, 2864, 2871, 2872, 2912, 2914, 2932, 2944 of this 
title.
