allocation percentage

(2) Formula allocations (A) Adult employment and training activities (i) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State may allocate— (I) 33⅓ percent of the funds on the basis described in section 3172(b)(1)(B)(ii)(I) of this title ; (II) 33⅓ percent of the funds on the basis described in section 3172(b)(1)(B)(ii)(II) of this title ; and (III) 33⅓ percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 3172(b)(1)(B) of this title . (ii) Minimum percentage The local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph. (iii) Definition In this subparagraph, the term “allocation percentage”, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the amount allocated to local areas under paragraphs (2)(A) and (3) of section 133(b) of the Workforce Investment Act of 1998 [ 29 U.S.C. 2863(b) ] (as in effect on the day before July 22, 2014 ), received through an allocation made under paragraph (2)(A) or (3) of that section for fiscal year 2013 or 2014, respectively. (B) Dislocated worker employment and training activities (i) Allocation In allocating the funds described in paragraph (1)(B) to local areas, a State shall allocate the funds based on an allocation formula prescribed by the Governor of the State. Such formula may be amended by the Governor not more than once for each program year. Such formula shall utilize the most appropriate information available to the Governor to distribute amounts to address the State’s worker readjustment assistance needs. (ii) Information The information described in clause (i) shall include insured unemployment data, unemployment concentrations, plant closing and mass layoff data, declining industries data, farmer-rancher economic hardship data, and long-term unemployment data. (iii) Minimum percentage The local area shall not receive an allocation percentage for fiscal year 2016 or a subsequent fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph. (iv) Definition In this subparagraph, the term “allocation percentage”, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means a percentage of the amount allocated to local areas under section 133(b)(2)(B) of the Workforce Investment Act of 1998 [ 29 U.S.C. 2863(b)(2)(B) ] (as in effect on the day before July 22, 2014 ), received through an allocation made under that section for fiscal year 2014. (C) Application For purposes of carrying out subparagraph (A)— (i) references in section 3172(b) of this title to a State shall be deemed to be references to a local area; (ii) references in section 3172(b) of this title to all States shall be deemed to be references to all local areas in the State involved; and (iii) except as described in clause (i), references in section 3172(b)(1) of this title to the term “excess number” shall be considered to be references to the term as defined in section 3172(b)(1) of this title .

Source

29 USC § 3173(b)(2)


Scoping language

In this subparagraph
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