Page:United States Statutes at Large Volume 112 Part 2.djvu/104

 112 STAT. 988 PUBLIC LAW 105-220—AUG. 7, 1998 (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) 33 Va percent of the funds on the basis described in section 132(b)(l)(B)(ii)(I); (II) 33^3 percent of the funds on the basis described in section 132(b)(l)(B)(ii)(II); and (III) 33 Va percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 132(b)(1)(B). Effective date. (ii) MINIMUM PERCENTAGE. — Effective at the end of the second full fiscal year after the date on which a local area is designated under section 116, 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.—The term "allocation percentage", used with respect to fiscal year 2000 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. (B) DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES.— (i) FORMULA.— 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 Eonended 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. (C) APPLICATION. — For purposes of carrying out subparagraph (A)— (i) references in section 132(b) to a State shall be deemed to be references to a local area; (ii) references in section 132(b) 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 132(b)(1) to the term "excess number" shall be considered to be references to the term as defined in section 132(b)(1). (3) ADULT EMPLOYMENT AND TRAINING DISCRETIONARY ALLOCATIONS.—In lieu of making the allocation described in

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