Page:United States Statutes at Large Volume 124.djvu/2597

124 STAT. 2571 PUBLIC LAW 111–240—SEPT. 27, 2010 (i) the number of individuals employed in such State determined for December 2007; over (ii) the number of individuals employed in such State determined for December 2008. (3) 2010 ALLOCATION FORMULA.— (A) IN GENERAL.—The Secretary shall determine the 2010 allocation by allocating Federal funds among the States in the proportion that each such State’s 2009 unemployment number bears to the aggregate of the 2009 unemployment numbers for all of the States. (B) MINIMUM ALLOCATION.—The Secretary shall adjust the allocations under subparagraph (A) for each State to the extent necessary to ensure that no State receives less than 0.9 percent of the Federal funds. (C) 2009 UNEMPLOYMENT NUMBER DEFINED.—In this paragraph and with respect to a State, the term ‘‘2009 unemployment number’’ means the number of individuals within such State who were determined to be unemployed by the Bureau of Labor Statistics for December 2009. (c) AVAILABILITY OF ALLOCATED AMOUNT.—The amount allo- cated by the Secretary to each participating State under subsection (b) shall be made available to the State as follows: (1) ALLOCATED AMOUNT GENERALLY TO BE AVAILABLE TO STATE IN ONE-THIRDS.— (A) IN GENERAL.—The Secretary shall— (i) apportion the participating State’s allocated amount into thirds; (ii) transfer to the participating State the first 1⁄3 when the Secretary approves the State for participa- tion under section 3004; and (iii) transfer to the participating State each succes- sive 1⁄3 when the State has certified to the Secretary that it has expended, transferred, or obligated 80 per- cent of the last transferred 1⁄3 for Federal contributions to, or for the account of, State programs. (B) AUTHORITY TO WITHHOLD PENDING AUDIT.—The Sec- retary may withhold the transfer of any successive 1⁄3 pending results of a financial audit. (C) INSPECTOR GENERAL AUDITS.— (i) IN GENERAL.—The Inspector General of the Department of the Treasury shall carry out an audit of the participating State’s use of allocated Federal funds transferred to the State. (ii) RECOUPMENT OF MISUSED TRANSFERRED FUNDS REQUIRED.—The allocation agreement between the Sec- retary and the participating State shall provide that the Secretary shall recoup any allocated Federal funds transferred to the participating State if the results of the an audit include a finding that there was an intentional or reckless misuse of transferred funds by the State. (iii) PENALTY FOR MISSTATEMENT.—Any partici- pating State that is found to have intentionally mis- stated any report issued to the Secretary under the Program shall be ineligible to receive any additional funds under the Program. Funds that had been allo- cated or that would otherwise have been allocated to Adjustment. Determination.