29 U.S.C. § 3163 — Within State allocations

Page 866 TITLE 29—LABOR § 3163 (Pub. L. 113–128, title I, § 127, July 22, 2014, 128 Stat. 1498.) Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsec. (c)(1), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Pursuant to section 3361(a) of this title, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classi- fication of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3163. Within State allocations (a) Reservations for statewide activities (1) In general The Governor shall reserve not more than 15 percent of each of the amounts allotted to the State under section 3162(b)(1)(C) of this title and paragraphs (1)(B) and (2)(B) of section 3172(b) of this title for a fiscal year for state- wide workforce investment activities. (2) Use of funds Regardless of whether the reserved amounts were allotted under section 3162(b)(1)(C) of this title, or under paragraph (1)(B) or (2)(B) of sec- tion 3172(b) of this title, the Governor may use the reserved amounts to carry out statewide activities under section 3164(b) of this title or statewide employment and training activities, for adults or dislocated workers, under section 3174(a) of this title. (b) Within State allocations (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate the funds that are allot- ted to the State for youth activities and state- wide workforce investment activities under section 3162(b)(1)(C) of this title and are not reserved under subsection (a), in accordance with paragraph (2) or (3). (2) Formula allocation (A) Youth activities (i) Allocation In allocating the funds described in para- graph (1) to local areas, a State may allo- cate— (I) 331⁄3 percent of the funds on the basis described in section 3162(b)(1)(C)(ii)(I) of this title; (II) 331⁄3 percent of the funds on the basis described in section 3162(b)(1)(C)(ii)(II) of this title; and (III) 331⁄3 percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 3162(b)(1)(C) of this title. (ii) Minimum percentage The local area shall not receive an allo- cation percentage for a fiscal year that is less than 90 percent of the average alloca- tion 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 sen- tence shall be obtained by ratably reduc- ing the allocations to be made to other local areas under this subparagraph. (iii) Definition In this subparagraph, the term ‘‘alloca- tion percentage’’, used with respect to fis- cal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an alloca- tion made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the funds referred to in section 128(b)(1) of the Workforce Investment Act of 1998 [29 U.S.C. 2853(b)(1)] (as in effect on the day before July 22, 2014), received through an allocation made under paragraph (2) or (3) of section 128(b) of the Workforce Invest- ment Act of 1998 (as so in effect), for the fiscal year 2013 or 2014, respectively. (B) Application For purposes of carrying out subparagraph (A)— (i) references in section 3162(b) of this title to a State shall be deemed to be ref- erences to a local area; (ii) references in section 3162(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), ref- erences in section 3162(b)(1) of this title to the term ‘‘excess number’’ shall be consid- ered to be references to the term as de- fined in section 3162(b)(2) of this title. (3) Youth discretionary allocation In lieu of making the allocation described in paragraph (2), in allocating the funds de- scribed in paragraph (1) to local areas, a State may distribute— (A) a portion equal to not less than 70 per- cent of the funds in accordance with para- graph (2)(A); and (B) the remaining portion of the funds on the basis of a formula that— (i) incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to— (I) excess youth poverty in urban, rural, and suburban local areas; and (II) excess unemployment above the State average in urban, rural, and subur- ban local areas; and (ii) was developed by the State board and approved by the Secretary as part of the State plan. Page 867 TITLE 29—LABOR § 3164 (4) Local administrative cost limit (A) In general Of the amount allocated to a local area under this subsection and section 3173(b) of this title for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce invest- ment activities under this subpart or sub- part 3. (B) Use of funds Funds made available for administrative costs under subparagraph (A) may be used for the administrative costs of any of the local workforce investment activities de- scribed in this subpart or subpart 3, regard- less of whether the funds were allocated under this subsection or section 3173(b) of this title. (c) Reallocation among local areas (1) In general The Governor may, in accordance with this subsection and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made avail- able to local areas from allocations made under this section or a corresponding provi- sion of the Workforce Investment Act of 1998 for youth workforce investment activities (re- ferred to individually in this subsection as a ‘‘local allocation’’) and that are available for reallocation. (2) Amount The amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local alloca- tion, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 per- cent of such allocation for the prior program year. (3) Reallocation In making reallocations to eligible local areas of amounts available pursuant to para- graph (2) for a program year, the Governor shall allocate to each eligible local area with- in the State an amount based on the relative amount of the local allocation for the program year for which the determination is made, as compared to the total amount of the local al- locations for all eligible local areas in the State for such program year. (4) Eligibility For purposes of this subsection, an eligible local area means a local area that does not have an amount available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made. (Pub. L. 113–128, title I, § 128, July 22, 2014, 128 Stat. 1502.) Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsec. (c)(1), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Pursuant to section 3361(a) of this title, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classi- fication of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. WORKFORCE RESPONSE ACTIVITIES Pub. L. 116–136, div. A, title III, § 3515, Mar. 27, 2020, 134 Stat. 407, provided that: ‘‘(a) ADMINISTRATIVE COSTS.—Notwithstanding sec- tion 128(b)(4) of the Workforce Innovation [and] Oppor- tunity Act (29 U.S.C. 3163(b)(4)), of the total amount al- located to a local area (including the total amount al- lotted to a single State local area) under subtitle B of title I of such Act (29 U.S.C. 3151 et seq.) for program year 2019, not more than 20 percent of the total amount may be used for the administrative costs of carrying out local workforce investment activities under chap- ter 2 [29 U.S.C. 3161 et seq.] or chapter 3 [29 U.S.C. 3171 et seq.] of subtitle B of title I of such Act, if the portion of the total amount that exceeds 10 percent of the total amount is used to respond to a qualifying emergency. ‘‘(b) RAPID RESPONSE ACTIVITIES.— ‘‘(1) STATEWIDE RAPID RESPONSE.—Of the funds re- served by a Governor for program year 2019 for state- wide activities under section 128(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163(a)) that remain unobligated, such funds may be used for statewide rapid response activities as described in section 134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A)) for responding to a qualifying emer- gency. ‘‘(2) LOCAL BOARDS.—Of the funds reserved by a Gov- ernor for program year 2019 under section 133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that remain unobli- gated, such funds may be released within 30 days after the date of enactment of this Act [Mar. 27, 2020] to the local boards most impacted by the coronavirus at the determination of the Governor for rapid re- sponse activities related to responding to a quali- fying emergency. ‘‘(c) DEFINITIONS.—Except as otherwise provided, the terms in this section have the meanings given the terms in section 3 of the Workforce Innovation and Op- portunity Act (29 U.S.C. 3102).’’ [For definitions of ‘‘qualifying emergency’’ and ‘‘coronavirus’’ as used in section 3515 of Pub. L. 116–136, set out above, see section 3502 of Pub. L. 116–136, set out in a note under section 1001 of Title 20, Education.] § 3164. Use of funds for youth workforce invest- ment activities (a) Youth participant eligibility (1) Eligibility (A) In general To be eligible to participate in activities carried out under this subpart during any program year an individual shall, at the time the eligibility determination is made, be an out-of-school youth or an in-school youth.