§ 6723. Allocation of amounts

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Public Works Employment Act of 1976

   Pub. L. 94–369 title II § 203 · 90 Stat. 999

   Enacted · 42 U.S.C. § 6723

   Pub. L. 94–369, title II, § 203, July 22, 1976, 90 Stat. 1003

   Source evidence

   Code source credit
   Pub. L. 94–369, title II, § 203, July 22, 1976, 90 Stat. 1003

   Enacted provision · exact public law section
   Sec. 203. allocation (a) Reservations.— (1) Eligible states.— The Secretary shall reserve one-third of the amounts appropriated pursuant to authorization under section 202 for each calendar quarter for the purpose of making payments to eligible State governments under subsection (b). (2) Eligible units of local government.— The Secretary shall reserve two-thirds of such amounts for the purpose of making payments to eligible units of local government under subsection (c). (b) State Allocation.— (1) In general.— The Secretary shall allocate from amounts reserved under subsection (a) (1) an amount for the purpose of making payments to each State equal to the total amount reserved under subsection (a) (1) for the calendar quarter multiplied by the applicable State percentage. (2) Applicable state percentage.— 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) Definitions.— 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 section 107 of the State and Local Fiscal Assistance 31 USC 1226. Act of 1972 for the one-year period beginning on July 1, 1975. (c) Local Government Allocation.— (1) In general.— The Secretary shall allocate from amounts reserved under subsection (a) (2) an amount for the purpose of making payments to each local government, subject to the provisions of paragraphs (3) and (5), equal to the total amount reserved under such subsection for calendar quarter multiplied by the local government percentage. (2) Local government percentage.— 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) Special rule.— (A) For purposes of paragraphs (1) and (2), all local governments within the jurisdiction of a State other than identifiable local governments shall be treated as though they were one local government. (B) The Secretary shall set aside from the amount allocated under paragraph (1) of this subsection for all local government within the jurisdiction of a State which are treated as though they are one local government under subparagraph (A) an amount determined under subparagraph (C) for the purpose of making payments to each local government, other than identifiable local governments within the jurisdiction of such State. (C) The amount set aside for the purpose of making payments to each local government, other than an identifiable local government, with the jurisdiction of a State under subparagraph (B) shall be— (i) equal to the total amount allocated under paragraph (1) of this subsection for all local governments within the jurisdiction of such State which are treated as though they are one local government under subparagraph (A) multiplied by the local government percentage as defined in paragraph (2) (determined without regard to the parenthetical phrases at the end of paragraphs (4) (B) and (C) of this subsection), unless (ii) such State submits, within thirty days, after the effective date of this title, an allocation plan which has been approved by the State legislature and which meets the requirements set forth in section 206(a), and is approved by the Secretary under the provisions of section 206(b). In the event that a State legislature is not scheduled to meet in regular session within three months after the effective date of this title, the Governor of such State shall be authorized to submit an alternative plan which meets the requirements set forth in section 206 (a), and is approved by the Secretary under the provisions of section 206(b). (D) If local unemployment rate data (as defined in paragraph (4) (B) of this subsection without regard to the parenthetical phrase at the end of such definition) for a local government jurisdiction is unavailable to the Secretary for purposes of determining the amount to be set aside for such government under subparagraph (C) then the Secretary shall determine such amount under subparagraph (C) by using the local unemployment rate determined under the parenthetical phrase of subsection (4) (B) for all local governments in such State treated as one jurisdiction under paragraph (A) of this subsection unless better unemployment rate data, certified by the Secretary of Labor, is available. (4) Definitions.— 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 appropriate calendar quarter, as determined by the Secretary of Labor and reported to the Secretary (in the case of local governments treated as one local government under paragraph (3) (A), the local unemployment rate shall be the unemployment rate of the State adjusted by excluding consideration of unemployment and of the labor force within identifiable local governments, other than county governments, within the jurisdiction of that State); (C) the local revenue sharing amount is the amount determined under section 108 of the State and Local Fiscal Assistance Act of 1972 for the one-year period beginning on July 1, 31 USC 1227. 1975 (and in the case of local governments treated as one local government under paragraph (3) (A), the local revenue sharing amount shall be the sum of the local revenue sharing amounts of all eligible local governments within the State, adjusted by excluding an amount equal to the sum of the local revenue sharing amounts of identifiable local governments within the jurisdiction of that State); (D) the term “identifiable local government” means a unit of general local government for which the Secretary of Labor has made a determination concerning the rate of unemployment for purposes of title II or title VI of the Comprehensive Employment and Training Act of 1973 during the current or 29 USC 841, 961. preceding fiscal year; and (E) 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 Social and Economic Statistics Administration 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 of 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. For the purpose of paragraph (4) (D), the Secretary of Labor shall, notwithstanding any other provision of law, continue to make determinations with respect to the rate of unemployment 29 USC 961. for the purposes of such title VI. (5) Special limitation.— 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.

2. 1976

   Public Works Employment Appropriations Act

   Pub. L. 94–447 § 201(2) · 90 Stat. 1497

   Substituted · 42 U.S.C. § 6723(c)(3)(C)(ii)

   Pub. L. 94–447, § 201(2), substituted “90 days” for “thirty days”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(C)(ii). Pub. L. 94–447, § 201(2), substituted “90 days” for “thirty days”.

   Enacted provision · exact public law section
   (2) Section 203(c)(3)(C)(ii) is amended by striking out “thirty days” and inserting in lieu thereof “90 days”/

3. 1976

   Public Works Employment Appropriations Act

   Pub. L. 94–447 § 201(3) · 90 Stat. 1497

   Substituted · 42 U.S.C. § 6723(c)(4)(E)(ii)

   Pub. L. 94–447, § 201(3), substituted “or Alaskan Native village” for “of Alaskan Native village”

   Source evidence

   Code amendment note
   Subsec. (c)(4)(E)(ii). Pub. L. 94–447, § 201(3), substituted “or Alaskan Native village” for “of Alaskan Native village”.

   Enacted provision · exact public law section
   (3) Section 203(c)(4)(E)(ii) is amended by striking out “of Alaskan Native village” and inserting in lieu thereof “or Alaskan Native village”.

4. 1977

   Intergovernmental Anti-recession Assistance Act of 1977

   Pub. L. 95–30 § 603(a) · 91 Stat. 126

   Substituted · 42 U.S.C. § 6723(b)(3)(D)

   Pub. L. 95–30, § 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”

   Source evidence

   Code amendment note
   Subsec. (b)(3)(D). Pub. L. 95–30, § 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”.

   Enacted provision · exact public law section
   (a) Section 203(b) (3) (D) of the Public Works Employment Act of 1976 (42 U.S.C. 6723(b) (3) (D)) is amended by striking out “for the one-year period beginning on July 1, 1975” and inserting in lieu thereof “for the most recently completed entitlement period, as defined under section 141 (b) of such Act”.

5. 1977

   Intergovernmental Anti-recession Assistance Act of 1977

   Pub. L. 95–30 § 603(b) · 91 Stat. 126

   Substituted · 42 U.S.C. § 6723(c)(1)

   Pub. L. 95–30, § 603(b), substituted “paragraph (4)” for “paragraphs (3) and (5)”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 95–30, § 603(b), substituted “paragraph (4)” for “paragraphs (3) and (5)”.

   Enacted provision · exact public law section
   (b) Section 203(c)(1) of such Act is amended by striking out “paragraphs (3) and (5)” and inserting in lieu thereof “paragraph (4)”.

6. 1977

   Intergovernmental Anti-recession Assistance Act of 1977

   Pub. L. 95–30 § 603(c) · 91 Stat. 126

   1. Struck · 42 U.S.C. § 6723(c)(3)

      Pub. L. 95–30, § 603(c)–(h), struck out par. (3) which set out special rules for local governments other than identifiable local governments

   2. Redesignated · 42 U.S.C. § 6723(c)(3)

      Pub. L. 95–30, § 603(c)–(h), redesignated par. (4) as (3)

   3. Substituted · 42 U.S.C. § 6723(c)(3)

      Pub. L. 95–30, § 603(c)–(h), substituted “determined or assigned” for “determined” in subpar. (B)

   4. Substituted · 42 U.S.C. § 6723(c)(3)

      Pub. L. 95–30, § 603(c)–(h), 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)

   5. Substituted · 42 U.S.C. § 6723(c)(3)

      Pub. L. 95–30, § 603(c)–(h), 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)

   6. Struck · 42 U.S.C. § 6723(c)(3)

      Pub. L. 95–30, § 603(c)–(h), struck out parenthetical provisions covering local governments treated as one local government in subpar. (C)

   7. Struck · 42 U.S.C. § 6723(c)(3)

      Pub. L. 95–30, § 603(c)–(h), struck out subpar. (D) which had defined “identifiable local government”

   8. Redesignated · 42 U.S.C. § 6723(c)(3)

      Pub. L. 95–30, § 603(c)–(h), redesignated former subpar. (E) as (D)

   9. Redesignated · 42 U.S.C. § 6723(c)(3)

      Pub. L. 95–30, § 603(c)–(h), substituted “Bureau of the Census” for “Social and Economic Statistics Administration” in cl. (i) of subpar. (D) as so redesignated

   10. Struck · 42 U.S.C. § 6723(c)(3)

       Pub. L. 95–30, § 603(c)–(h), 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

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 95–30, § 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.

   Enacted provision · exact public law section
   (c) Section 203(c) of such Act is amended by striking out paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4).

7. 1977

   Intergovernmental Anti-recession Assistance Act of 1977

   Pub. L. 95–30 § 603(c) · 91 Stat. 126

   Redesignated · 42 U.S.C. § 6723(c)(4); 42 U.S.C. § 6723(c)(5)

   Pub. L. 95–30, § 603(c), redesignated pars. (4) and (5) as (3) and (4), respectively

   Source evidence

   Code amendment note
   Subsec. (c)(4), (5). Pub. L. 95–30, § 603(c), redesignated pars. (4) and (5) as (3) and (4), respectively.

   Enacted provision · exact public law section
   (c) Section 203(c) of such Act is amended by striking out paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4).

16 of 16 references resolved to an enrolled provision