Allocation of amounts

42 U.S.C. § 6723

• Title: 42 — The Public Health and Welfare
• Chapter: SUBCHAPTER II—ANTIRECESSION PROVISIONS

Text

(a) Reservations for eligible States and units of local government
(1) The Secretary shall reserve one-third of the amounts appropriated pursuant to authorization under section 6722 of this title for each calendar quarter for the purpose of making payments to eligible State governments under subsection (b).
(2) 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; percentage; definitions
(1) 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) 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) 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 sections 6705–6707(a) of title 31 1 for the most recently completed entitlement period, as defined under section 6701(a)(1) of title 31.
(c) Local government allocation; percentage; definitions; special limitation
(1) 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 paragraph (4), equal to the total amount reserved under such subsection for calendar quarter multiplied by the local government percentage.
(2) 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) 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 appropriated calendar quarter, as determined or assigned by the Secretary of Labor and reported to the Secretary (in the case of a local government for which the Secretary of Labor cannot determine a local unemployment rate, he shall assign such local government the local unemployment rate of the smallest unit or subunit of local government for which he has determined a local unemployment rate and within the jurisdiction of which such local government is located, unless—
(i) the Governor of the State in which such local government is located has provided the Secretary of Labor with a local unemployment rate for such local government, and
(ii) the Secretary of Labor finds that such local unemployment rate provided by the Governor has been determined in a manner consistent with the procedures and methodologies used by the Secretary of Labor in determining local unemployment rates,
in which case the Secretary of Labor shall assign such local government the local unemployment rate provided by such Governor);
(C) the local revenue sharing amount is the amount determined under sections 6701(a)(5), (7), (b)–(d), and 6708–6712 of title 31 1 for the most recently completed entitlement period, as defined under section 6701(a)(1) of title 31; 1
(D) 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 Bureau of the Census 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 or 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.
(4) 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.

History

(Pub. L. 94–369, title II, §203, July 22, 1976, 90 Stat. 1003; Pub. L. 94–447, title II, §201(2), (3), Oct. 1, 1976, 90 Stat. 1498; Pub. L. 95–30, title VI, §603(a)–(h), May 23, 1977, 91 Stat. 165, 166.)

Editorial Notes

Editorial Notes

References in Text
Chapter 67 of title 31, including sections 6701 and 6705 to 6712, referred to in subsecs. (b)(3)(D) and (c)(3)(C), was repealed by Pub. L. 99–272, title XIV, §14001(a)(1), Apr. 7, 1986, 100 Stat. 327. See, also, Codification note below.

Codification
In subsecs. (b)(3)(D) and (c)(3)(C), "sections 6705–6707(a) of title 31" substituted for "section 107 of the State and Local Fiscal Assistance Act of 1972 [31 U.S.C. 1226]", "sections 6701(a)(5), (7), (b)–(d), and 6708–6712 of title 31" substituted for "section 108 of the State and Local Fiscal Assistance Act of 1972 [31 U.S.C. 1227], and "section 6701(a)(1) of title 31" substituted for "section 141(b) of such Act [31 U.S.C. 1261(b)]", respectively, on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. See, also, References in Text note above.

Amendments
1977—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".
Subsec. (c)(1). Pub. L. 95–30, §603(b), substituted "paragraph (4)" for "paragraphs (3) and (5)".
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.
Subsec. (c)(4), (5). Pub. L. 95–30, §603(c), redesignated pars. (4) and (5) as (3) and (4), respectively.
1976—Subsec. (c)(3)(C)(ii). Pub. L. 94–447, §201(2), substituted "90 days" for "thirty days".
Subsec. (c)(4)(E)(ii). Pub. L. 94–447, §201(3), substituted "or Alaskan Native village" for "of Alaskan Native village".