
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6723]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 80--PUBLIC WORKS EMPLOYMENT
 
                 SUBCHAPTER II--ANTIRECESSION PROVISIONS
 
Sec. 6723. Allocation of amounts


(a) Reservations for eligible States and units of local government

    (1) The Secretary shall reserve one-third of the amounts 
appropriated pursuant to authorization under section 6722 of this title 
for each calendar quarter for the purpose of making payments to eligible 
State governments under subsection (b) of this section.
    (2) The Secretary shall reserve two-thirds of such amounts for the 
purpose of making payments to eligible units of local government under 
subsection (c) of this section.

(b) State allocation; percentage; definitions

    (1) The Secretary shall allocate from amounts reserved under 
subsection (a)(1) of this section an amount for the purpose of making 
payments to each State equal to the total amount reserved under 
subsection (a)(1) of this section for the calendar quarter multiplied by 
the applicable State percentage.
    (2) For purposes of this subsection, the applicable State percentage 
is equal to the quotient resulting from the division of the product of--
        (A) the State excess unemployment percentage, multiplied by
        (B) the State revenue sharing amount by the sum of such products 
    for all the States.

    (3) For the purposes of this section--
        (A) the term ``State'' means each State of the United States;
        (B) the State excess unemployment percentage is equal to the 
    difference resulting from the subtraction of 4.5 percentage points 
    from the State unemployment rate for that State but shall not be 
    less than zero;
        (C) the State unemployment rate is equal to the rate of 
    unemployment in the State during the appropriate calendar quarter, 
    as determined by the Secretary of Labor and reported to the 
    Secretary; and
        (D) the State revenue sharing amount is the amount determined 
    under sections 6705-6707(a) of title 31 \1\ for the most recently 
    completed entitlement period, as defined under section 6701(a)(1) of 
    title 31.
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    \1\ See References in Text note below.
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(c) Local government allocation; percentage; definitions; special 
        limitation

    (1) The Secretary shall allocate from amounts reserved under 
subsection (a)(2) of this section an amount for the purpose of making 
payments to each local government, subject to the provisions of 
paragraph (4), equal to the total amount reserved under such subsection 
for calendar quarter multiplied by the local government percentage.
    (2) For purposes of this subsection, the local government percentage 
is equal to the quotient resulting from the division of the product of--
        (A) the local excess unemployment percentage, multiplied by
        (B) the local revenue sharing amount, by the sum of such 
    products for all local governments.

    (3) For purposes of this subsection--
        (A) the local excess unemployment percentage is equal to the 
    difference resulting from the subtraction of 4.5 percentage points 
    from the local unemployment rate, but shall not be less than zero;
        (B) the local unemployment rate is equal to the rate of 
    unemployment in the jurisdiction of the local government during the 
    appropriated calendar quarter, as determined or assigned by the 
    Secretary of Labor and reported to the Secretary (in the case of a 
    local government for which the Secretary of Labor cannot determine a 
    local unemployment rate, he shall assign such local government the 
    local unemployment rate of the smallest unit or subunit of local 
    government for which he has determined a local unemployment rate and 
    within the jurisdiction of which such local government is located, 
    unless--
            (i) the Governor of the State in which such local government 
        is located has provided the Secretary of Labor with a local 
        unemployment rate for such local government, and
            (ii) the Secretary of Labor finds that such local 
        unemployment rate provided by the Governor has been determined 
        in a manner consistent with the procedures and methodologies 
        used by the Secretary of Labor in determining local unemployment 
        rates,

    in which case the Secretary of Labor shall assign such local 
    government the local unemployment rate provided by such Governor);
        (C) the local revenue sharing amount is the amount determined 
    under sections 6701(a)(5), (7), (b)-(d), and 6708-6712 of title 31 
    \1\ for the most recently completed entitlement period, as defined 
    under section 6701(a)(1) of title 31; \1\
        (D) the term ``local government'' means the government of a 
    county, municipality, township, or other unit of government below 
    the State which--
            (i) is a unit of general government (determined on the basis 
        of the same principles as are used by the Bureau of the Census 
        for general statistical purposes), and
            (ii) performs substantial governmental functions. Such term 
        includes the District of Columbia and also includes the 
        recognized governing body of an Indian tribe or Alaskan Native 
        village which performs substantial governmental functions. Such 
        term does not include the government of a township area unless 
        such government performs substantial governmental functions.

    (4) If the amount which would be allocated to any unit of local 
government under this subsection is less than $100, then no amount shall 
be allocated for such unit of local government under this subsection.

(Pub. L. 94-369, title II, Sec. 203, July 22, 1976, 90 Stat. 1003; Pub. 
L. 94-447, title II, Sec. 201(2), (3), Oct. 1, 1976, 90 Stat. 1498; Pub. 
L. 95-30, title VI, Sec. 603(a)-(h), May 23, 1977, 91 Stat. 165, 166.)

                       References in Text

    Chapter 67 of title 31, including sections 6701 and 6705 to 6712, 
referred to in subsecs. (b)(3)(D) and (c)(3)(C), was repealed by Pub. L. 
99-272, title XIV, Sec. 14001(a)(1), Apr. 7, 1986, 100 Stat. 327. See, 
also, Codification note below.

                          Codification

    In subsecs. (b)(3)(D) and (c)(3)(C), ``sections 6705-6707(a) of 
title 31'' substituted for ``section 107 of the State and Local Fiscal 
Assistance Act of 1972 [31 U.S.C. 1226]'', ``sections 6701(a)(5), (7), 
(b)-(d), and 6708-6712 of title 31'' substituted for ``section 108 of 
the State and Local Fiscal Assistance Act of 1972 [31 U.S.C. 1227], and 
``section 6701(a)(1) of title 31'' substituted for ``section 141(b) of 
such Act [31 U.S.C. 1261(b)]'', respectively, on authority of Pub. L. 
97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of 
which enacted Title 31, Money and Finance. See, also, References in Text 
note above.


                               Amendments

    1977--Subsec. (b)(3)(D). Pub. L. 95-30, Sec. 603(a), substituted 
``for the most recently completed entitlement period, as defined under 
section 1261(b) of title 31'' for ``for the one-year period beginning on 
July 1, 1975''.
    Subsec. (c)(1). Pub. L. 95-30, Sec. 603(b), substituted ``paragraph 
(4)'' for ``paragraphs (3) and (5)''.
    Subsec. (c)(3). Pub. L. 95-30, Sec. 603(c)-(h), struck out par. (3) 
which set out special rules for local governments other than 
identifiable local governments, redesignated par. (4) as (3), 
substituted ``determined or assigned'' for ``determined'' in subpar. 
(B), substituted provisions covering local governments for which the 
Secretary of Labor cannot determine a local unemployment rate for 
provisions covering local governments treated as one local government in 
subpar. (B), substituted ``for the most recently completed entitlement 
period, as defined under section 1261(b) of title 31'' for ``for the 
one-year period beginning July 1, 1975'' in subpar. (C), struck out 
parenthetical provisions covering local governments treated as one local 
government in subpar. (C), struck out subpar. (D) which had defined 
``identifiable local government'', redesignated former subpar. (E) as 
(D), substituted ``Bureau of the Census'' for ``Social and Economic 
Statistics Administration'' in cl. (i) of subpar. (D) as so 
redesignated, and struck out provisions which had directed the Secretary 
of Labor to make determinations with respect to rates of unemployment 
for the purposes of title VI of the Comprehensive Employment and 
Training Act of 1973.
    Subsec. (c)(4), (5). Pub. L. 95-30, Sec. 603(c), redesignated pars. 
(4) and (5) as (3) and (4), respectively.
    1976--Subsec. (c)(3)(C)(ii). Pub. L. 94-447, Sec. 201(2), 
substituted ``90 days'' for ``thirty days''.
    Subsec. (c)(4)(E)(ii). Pub. L. 94-447, Sec. 201(3), substituted ``or 
Alaskan Native village'' for ``of Alaskan Native village''.

                  Section Referred to in Other Sections

    This section is referred to in sections 6730, 6736 of this title.
