From the funds appropriated pursuant to section 1502(b) of this title for any fiscal year, the Secretary shall—
(1) allot 80 percent of such funds in accordance with the provisions of subsection (b) of this section; and
(2) reserve 20 percent for use under part B of this subchapter, subject to the reservation required by subsection (e) of this section.
(1) Subject to the provisions of paragraph (2), the Secretary shall allot the amount available in each fiscal year under subsection (a)(1) of this section on the basis of the following factors:
(A) One-third of such amount shall be allotted among the States on the basis of the relative number of unemployed individuals who reside in each State as compared to the total number of unemployed individuals in all the States.
(B) One-third of such amount shall be allotted among the States on the basis of the relative excess number of unemployed individuals who reside in each State as compared to the total excess number of unemployed individuals in all the States. For purposes of this paragraph, the term “excess number” means the number which represents unemployed individuals in excess of 4.5 percent of the civilian labor force in the State.
(C) One-third of such amount shall be allotted among the States on the basis of the relative number of individuals who have been unemployed for 15 weeks or more and who reside in each State as compared to the total number of such individuals in all the States.
(2) As soon as satisfactory data are available under section 1752(e) of this title, the Secretary shall allot amounts appropriated to carry out part A of this subchapter for any fiscal year to each State so that—
(A) 25 percent of such amount shall be allotted on the basis of each of the factors described in subparagraphs (A), (B), and (C) of paragraph (1), respectively, for a total of 75 percent of the amount allotted; and
(B) 25 percent of such amount shall be allotted among the States on the basis of the relative number of dislocated workers in such State in the most recent period for which satisfactory data are available under section 1752(e) of this title and, when available, under section 1752(f) of this title.
(1) The Governor may reserve not more than 40 percent of the amount allotted to the State under subsection (a)(1) of this section for—
(A) State administration, technical assistance, and coordination of the programs authorized under this subchapter;
(B) statewide, regional, or industrywide projects;
(C) rapid response activities as described in section 1661c(b) of this title;
(D) establishment of coordination between the unemployment compensation system and the worker adjustment program system; and
(E) discretionary allocation for basic readjustment and retraining services to provide additional assistance to areas that experience substantial increases in the number of dislocated workers, to be expended in accordance with the substate plan or modification thereof.
(2) In addition, the Governor may reserve not more than 10 percent of the amount allotted to the State under subsection (a)(1) of this section for allocation among substate grantees. The amount so reserved shall be allocated on the basis of need and distributed to such grantees not later than 9 months after the beginning of the program year for which the allotment was made.
The Governor shall allocate the remainder of the amount allotted to the State under this part to substate areas for services authorized in this part, based on an allocation formula prescribed by the Governor. 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. Such information shall include (but is not limited to)—
(1) insured unemployment data;
(2) unemployment concentrations;
(3) plant closing and mass layoff data;
(4) declining industries data;
(5) farmer-rancher economic hardship data; and
(6) long-term unemployment data.
Not more than 0.3 percent of the amounts appropriated pursuant to section 1502(b) of this title and available under subsection (a)(2) of this section for any fiscal year shall be allocated among the Commonwealth of the Northern Mariana Islands and the other territories and possessions of the United States.
(Pub. L. 97–300, title III, §302, as added Pub. L. 100–418, title VI, §6302(a), Aug. 23, 1988, 102 Stat. 1525; amended Pub. L. 102–367, title I, §102(b), title VII, §702(a)(11), Sept. 7, 1992, 106 Stat. 1024, 1112.)
Pub. L. 105–220, title I, §199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, provided that this section is repealed effective July 1, 2000.
A prior section 1652, Pub. L. 97–300, title III, §302, Oct. 13, 1982, 96 Stat. 1365; Pub. L. 99–496, §11, Oct. 16, 1986, 100 Stat. 1264, related to identification of dislocated workers, prior to the general revision of this subchapter by Pub. L. 100–418.
1992—Subsec. (a). Pub. L. 102–367, §102(b), substituted “1502(b)” for “1502(c)” in introductory provisions.
Subsec. (b)(2). Pub. L. 102–367, §702(a)(11), substituted “part A of this subchapter” for “part B of this subchapter and this part”.
Subsec. (e). Pub. L. 102–367, §102(b), substituted “1502(b)” for “1502(c)”.
Amendment by Pub. L. 102–367 effective July 1, 1993, see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions note under section 1501 of this title.
This section is referred to in sections 1653, 1661, 1661c, 1661f, 1662a, 1662b, 1662c, 2862 of this title.