Title 29, LaborRelease 119-110

§3172 State Allotments

Title 29 › CHAPTER 32 — WORKFORCE INNOVATION AND OPPORTUNITY › SUBCHAPTER I — WORKFORCE DEVELOPMENT ACTIVITIES › Part B — Workforce Investment Activities and Providers › subpart 3 — adult and dislocated worker employment and training activities › § 3172

Last updated Sep 22, 2026|Official source

Summary

The Secretary must divide up money Congress gives for job and training programs. For money for dislocated workers, 20 percent is set aside for national needs and 80 percent is given to the States. For adult programs, the Secretary may keep up to 1/4 of 1 percent to help outlying areas, and the rest is split among States using a formula made of three equal parts: one-third for unemployed people in high-unemployment areas, one-third for the “excess” unemployed, and one-third for disadvantaged adults. The law limits how much a State’s share can change from year to year: no State gets less than an amount based on 90 percent of its previous share, and no State’s share can be more than 130 percent of its previous share. Small-State minimums use exact percentages tied to $960,000,000 and a special older method if the money is at or below $960,000,000. For dislocated-worker funds, the Secretary may also reserve up to 1/4 of 1 percent for outlying areas, and the rest is given to States in three equal parts based on total unemployed, excess unemployed, and those unemployed 15 weeks or more. If a State finishes a year with more than 20 percent of its allotment unspent, the extra money is reallocated to other eligible States based on their shares. The Governor must set rules for how local areas must use funds to try to avoid reallocation and to share funds fairly if reallocation is needed. Defined terms (one line each): “Adult” means ages 22–72; “area of substantial unemployment” means areas with at least 6.5% unemployment; “excess number” means unemployed above 4.5% of the labor force; “disadvantaged adult” is measured against the poverty line or 70% of a living standard level; “low-income level” starts at $7,000 in 1969 and is adjusted by the Consumer Price Index.

Full Legal Text

Title 29, §3172

Labor, Source: USLM XML via OLRC

(a)In general
The Secretary shall—
(1)make allotments and grants from the amount appropriated under section 3181(b) of this title for a fiscal year in accordance with subsection (b)(1); and
(2)(A)reserve 20 percent of the amount appropriated under section 3181(c) of this title for the fiscal year for use under subsection (b)(2)(A), and under section 3223(b) (relating to dislocated worker technical assistance), 3224(c) (relating to dislocated worker projects), and 3225 of this title (relating to national dislocated worker grants); and
(B)make allotments from 80 percent of the amount appropriated under section 3181(c) of this title for the fiscal year in accordance with subsection (b)(2)(B).
(b)Allotment among States
(1)Adult employment and training activities
(A)Reservation for outlying areas
(i)In general
From the amount made available under subsection (a)(1) for a fiscal year, the Secretary shall reserve not more than ¼ of 1 percent of such amount to provide assistance to the outlying areas.
(ii)Applicability of additional requirements
From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for adult employment and training activities and statewide workforce investment activities in accordance with the requirements of section 3162(b)(1)(B) of this title.
(B)States
(i)In general
After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the remainder of the amount made available under subsection (a)(1) for that fiscal year to the States pursuant to clause (ii) for adult employment and training activities and statewide workforce investment activities.
(ii)Formula
Subject to clauses (iii) and (iv), of the remainder—
(I)33⅓ 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)33⅓ 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)33⅓ percent shall be allotted on the basis of the relative number of disadvantaged adults in each State, compared to the total number of disadvantaged adults 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 an area that was designated as a local area as described in section 3122(c)(1)(C) of this title, the allotment shall be based on the higher of— (I)
(II)the number of disadvantaged adults 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 an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year.
(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)
(bb)if the remainder described in clause (i) for the fiscal year exceeds $960,000,000, ⅖ 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) does not exceed $960,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section 132(b)(1)(B)(iv)(IV) of the Workforce Investment Act of 1998 [29 U.S.C. 2862(b)(1)(B)(iv)(IV)] (as in effect on the day before July 22, 2014).
(v)Definitions
For the purpose of the formula specified in this subparagraph: (I) Adult
(II)Allotment percentage
The term “allotment percentage”, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means the percentage of the amount allotted to States under section 132(b)(1)(B) of the Workforce Investment Act of 1998 [29 U.S.C. 2862(b)(1)(B)] (as in effect on the day before July 22, 2014) that is received under such section by the State involved for fiscal year 2014.
(III)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 part 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 subclause, determinations of areas of substantial unemployment shall be made once each fiscal year.
(IV)Disadvantaged adult
Subject to subclause (V), the term “disadvantaged adult” means an adult 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— (aa)
(bb)70 percent of the lower living standard income level.
(V)Disadvantaged adult special rule
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 adults.
(VI)Excess number
The term “excess number” means, used with respect to the excess number of unemployed individuals within a State, the higher of— (aa)
(bb)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.
(VII)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.
(2)Dislocated worker employment and training activities
(A)Reservation for outlying areas
(i)In general
From the amount made available under subsection (a)(2)(A) for a fiscal year, the Secretary shall reserve not more than ¼ of 1 percent of the amount appropriated under section 3181(c) of this title for the fiscal year to provide assistance to the outlying areas.
(ii)Applicability of additional requirements
From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for dislocated worker employment and training activities and statewide workforce investment activities in accordance with the requirements of section 3162(b)(1)(B) of this title.
(B)States
(i)In general
The Secretary shall allot the amount referred to in subsection (a)(2)(B) for a fiscal year to the States pursuant to clause (ii) for dislocated worker employment and training activities and statewide workforce investment activities.
(ii)Formula
Subject to clause (iii), of the amount—
(I)33⅓ percent shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States;
(II)33⅓ 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)33⅓ percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more.
(iii)Minimum and maximum percentages and minimum allotments
In making allotments under this subparagraph, for fiscal year 2016 and each subsequent fiscal year, the Secretary shall ensure the following:
(I)Minimum percentage and allotment
The Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year.
(II)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)Definitions
For the purpose of the formula specified in this subparagraph: (I) Allotment percentage
(II)Excess number
The term “excess number” means, used with respect to the excess number of unemployed individuals within a State, the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State.
(c)Reallotment
(1)In general
The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for employment and training activities and statewide workforce investment activities (referred to individually in this subsection as a “State allotment”) and that are available for reallotment.
(2)Amount
The amount available for reallotment for a program year for programs funded under subsection (b)(1)(B) (relating to adult employment and training) or for programs funded under subsection (b)(2)(B) (relating to dislocated worker employment and training) is equal to the amount by which the unobligated balance of the State allotments for adult employment and training activities or dislocated worker employment and training activities, respectively, 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 allotments 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 of the State allotment under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for the program year for which the determination is made, as compared to the total amount of the State allotments under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for all eligible States for such program year.
(4)Eligibility
For purposes of this subsection, an eligible State means—
(A)with respect to funds allotted through a State allotment for adult employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made; and
(B)with respect to funds allotted through a State allotment for dislocated worker employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made.
(5)Procedures
The Governor 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.

Legislative History

Notes & Related Subsidiaries

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 classification 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.

Amendments

2015—Subsec. (b)(1)(B)(iv)(I), (2)(B)(iii)(I). Pub. L. 114–18 inserted “less than” after “fiscal year that is”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–18 effective as if included in the Workforce Innovation and Opportunity Act [Pub. L. 113–128], see § 2(f) of Pub. L. 114–18, set out as a note under section 3112 of this title.

Effective Date

Section effective on the first day of the first full program 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.

Reference

Citations & Metadata

Citation

29 U.S.C. § 3172

Title 29, Labor

Last Updated

Sep 22, 2026

Release point: 119-110