Page 605 TITLE 29—LABOR § 1519

1So in original. Probably should be ‘‘(c)’’.

read as follows: ‘‘Not more than 15 percent of the funds

available to a service delivery area for any fiscal year

for programs under part A of subchapter II of this chapter may be expended for the cost of administration. For

purposes of this paragraph, costs of program support

(such as counseling) which are directly related to the

provision of education or training and such additional

costs as may be attributable to the development of

training described in section 1604(28) of this title shall

not be counted as part of the cost of administration.’’

Subsec. (b). Pub. L. 102–367, §117(b), amended subsec.

(b) generally. Prior to amendment, subsec. (b) consisted

of pars. (1) to (3) relating to joint limitations on administrative and work experience expenditures.

Subsec. (c). Pub. L. 102–367, §117(c), amended subsec.

(c) generally. Prior to amendment, subsec. (c) consisted

of pars. (1) to (5) relating to exceptions to expenditure

limitations, private industry council requests for special circumstances, and authority of a Governor to review a plan.

1986—Subsec. (c)(2)(B)(ii). Pub. L. 99–496 inserted

‘‘, including disabled veterans’’ after ‘‘handicapped individuals’’.

1982—Subsec. (b)(2)(A)(iv). Pub. L. 97–404 substituted

‘‘payments’’ for ‘‘projects’’.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1551, 1604 of this

title.

§ 1519. Recapture and reallotment of unobligated

funds

(a) Within State reallocations

(1) In general

For program years beginning on or after

July 1, 1993, the Governor shall, in accordance

with the requirements of this subsection, reallocate to eligible service delivery areas

within the State funds appropriated for such

program year that are available for reallocation.

(2) Amount

The amount available for reallocation is

equal to the amount by which the unobligated

balance of the service delivery area allocation

under part A or C of subchapter II of this chapter for all service delivery areas within the

State at the end of the program year prior to

the program year for which the determination

under this subsection is made exceeds 15 percent of such allocation for the prior program

year.

(3) Reallocation

The Governor shall reallocate the amounts

available pursuant to paragraph (2) to eligible

service delivery areas within the State that

have the highest rates of unemployment for an

extended period of time and to those with the

highest poverty rates.

(4) Eligibility

For purposes of this subsection, an eligible

service delivery area means a service delivery

area that has obligated at least 85 percent of

its allocation under part A or C of subchapter

II of this chapter, respectively, for the program year prior to the program year for which

the determination under this subsection is

made.

(b) Reallotment among States

(1) In general

For program years beginning on or after

July 1, 1993, the Secretary shall, in accordance

with the requirements of this subsection,

reallot to eligible States funds appropriated

for such program year that are available for

reallotment.

(2) Amount

The amount available for reallotment is

equal to the amount by which the unobligated

balance of the State allotment under part A or

C of subchapter II of this chapter, respectively, for all States at the end of the program

year prior to the program year for which the

determination under this subsection is made

exceeds 15 percent of such allotment for that

prior program year.

(3) Reallotment

The Secretary shall reallot the amounts

available pursuant to paragraph (2) to each eligible State an amount based on the relative

amount allotted to such eligible State under

part A or C of subchapter II of this chapter, respectively, for the program year the determination under this subsection is made compared to the total amount allotted to all eligible States under part A or C of subchapter II

of this chapter, respectively, for such program

year.

(4) Eligibility

For purposes of this subsection, an eligible

State means a State that has obligated at

least 85 percent of its allocation under part A

or C of subchapter II of this chapter, respectively, for the program year prior to the program year for which the determination under

this subsection is made.

(5) Procedures

The Governor of each State shall prescribe

uniform procedures for the obligation of funds

by service delivery 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 service delivery areas

in the event that a State is required to make

funds available for reallotment under this subsection.

(d) 1 Calculation

Funds obligated to carry out programs under

section 1604(d) of this title shall not be counted

in determining the amount available for reallocation under subsection (a)(2) of this section

or the amount available for reallotment under

subsection (b)(2).

(Pub. L. 97–300, title I, §109, as added Pub. L.

102–367, title I, §118, Sept. 7, 1992, 106 Stat. 1036.)

EFFECTIVE DATE

Section effective July 1, 1993, see section 701(a) of

Pub. L. 102–367, set out as an Effective Date of 1992
§ 1531 TITLE 29—LABOR Page 606

1So in original. Probably should be ‘‘section’’.

2So in original. Probably should be followed by a comma.

Amendment; Transition Provisions note under section

1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1518, 1604 of this

title.

PART B—ADDITIONAL STATE RESPONSIBILITIES

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1551 of this title.

§ 1531. Governor’s coordination and special services plan

(a) Annual planning report; two-year coordination and special services plan financial assistance requirement

(1) The Governor shall annually prepare a

statement of goals and objectives for job training and placement programs within the State to

assist in the preparation of the plans required

under section 1514 of this title and section 8 of

the Act of June 6, 1933 (known as the WagnerPeyser Act) [29 U.S.C. 49g].

(2) Any State seeking financial assistance

under this chapter shall submit a Governor’s coordination and special services plan for two program years to the Secretary describing the use

of all resources provided to the State and its

service delivery areas under this chapter and

evaluating the experience over the preceding

two years.

(b) Plan coordination with State and local services and resources, JOBS program, and programs under subchapter II; State goals and

criteria; projected use of resources; reports

of modifications to Secretary

(1) The plan shall establish criteria for coordinating activities under this chapter (including

subchapter III of this chapter) with programs

and services provided by State and local education and training agencies (including vocational education agencies), public assistance

agencies, the employment service, rehabilitation agencies, programs for the homeless, postsecondary institutions, economic development

agencies, and such other agencies as the Governor determines to have a direct interest in

employment and training and human resource

utilization within the State. Such criteria shall

not affect local discretion concerning the selection of eligible participants or service providers

in accordance with the provisions of sections 1

1517 2 1603, or 1643 of this title.

(2) The plan shall describe the measures taken

by the State to ensure coordination and avoid

duplication between the State agencies administering the work activities required under title

IV of the Social Security Act [42 U.S.C. 601 et

seq.] and programs under subchapter II of this

chapter in the planning and delivery of services.

(3) The plan shall describe the projected use of

resources, including oversight of program performance, program administration, and program

financial management, capacity building, priorities and criteria for State incentive grants, and

performance goals for State-supported programs. The description of capacity building

shall include the Governor’s plans for technical

assistance to service delivery areas and service

providers, interstate technical assistance and

training arrangements, other coordinated technical assistance arrangements undertaken pursuant to the direction of the Secretary, and,

where applicable, research and demonstration

projects.

(4) The plan shall include goals for—

(A) the training of women in nontraditional

employment through funds available under

this chapter, the Carl D. Perkins Vocational

and Applied Technology Education Act [20

U.S.C. 2301 et seq.], and other sources of Federal and State support;

(B) the training-related placement of women

in nontraditional employment and apprenticeships;

(C) a description of efforts to be undertaken

to accomplish such goals, including efforts to

increase awareness of such training and placement opportunities; and

(D) a description of efforts to coordinate activities provided pursuant to this chapter and

the Carl D. Perkins Vocational and Applied

Technology Education Act to train and place

women in nontraditional employment.

(5) The State plan shall include a description

of the manner in which the State will encourage

the successful carrying out of—

(A) training activities for eligible individuals whose placement is the basis for the payment to the State of the incentive bonus authorized by subchapter V of this chapter; and

(B) the training services, outreach activities, and preemployment supportive services

furnished to such individuals.

(6) The Governor shall report to the Secretary

the adjustments made in the performance standards and the factors that are used in making the

adjustments.

(7) If major changes occur in labor market

conditions, funding, or other factors during the

two-year period covered by the plan, the State

shall submit a modification to the Secretary describing these changes.

(c) Governor’s coordination and special services

activities

Governor’s coordination and special services

activities may include—

(1) making available to service delivery

areas, with or without reimbursement and

upon request, appropriate information and

technical assistance to assist in developing

and implementing plans and programs;

(2) carrying out special model training and

employment programs and related services

(including programs receiving financial assistance from private sources);

(3) providing programs and related services

for offenders, homeless individuals and other

individuals whom the Governor determines require special assistance;

(4) providing financial assistance for special

programs and services designed to meet the

needs of rural areas outside major labor market areas;

(5) providing training opportunities in the

conservation and efficient use of energy, and