§ 1661d TITLE 29—LABOR Page 658

1So in original. The comma probably should not appear.

(Pub. L. 97–300, title III, §314, as added Pub. L.

100–418, title VI, §6302(a), Aug. 23, 1988, 102 Stat.

1532; amended Pub. L. 101–392, §5(a)(3), Sept. 25,

1990, 104 Stat. 759; Pub. L. 102–367, title III, §301,

Sept. 7, 1992, 106 Stat. 1073; Pub. L. 102–484, div.

D, title XLIV, §4467(b)–(d), Oct. 23, 1992, 106 Stat.

2750.)

REFERENCES IN TEXT

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (g)(2)(A), is

Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended,

which is classified generally to chapter 44 (§2301 et seq.)

of Title 20, Education. For complete classification of

this Act to the Code, see Short Title note set out under

section 2301 of Title 20 and Tables.

The Wagner-Peyser Act, referred to in subsec.

(g)(2)(B), is act June 6, 1933, ch. 49, 48 Stat. 113, as

amended, which is classified principally to chapter 4B

(§49 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 49 of this title and Tables.

AMENDMENTS

1992—Subsec. (b)(3), (4). Pub. L. 102–484, §4467(b), (c),

added pars. (3) and (4).

Subsec. (e)(1). Pub. L. 102–484, §4467(d)(1), inserted ‘‘is

unemployed and’’ before ‘‘does not qualify’’.

Subsec. (f). Pub. L. 102–367 designated existing provisions as par. (1) and added par. (2).

Subsec. (h). Pub. L. 102–484, §4467(d)(2), added subsec.

(h).

1990—Subsec. (g). Pub. L. 101–392 added subsec. (g).

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.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101–392 effective July 1, 1991,

see section 702(a) of Pub. L. 101–392, set out as a note

under section 2301 of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516, 1652, 1661,

1661a, 1661b, 1661d, 1661e, 1662b, 1662d, 1662d–1, 1662e of

this title.

§ 1661d. Limitations on uses of funds

(a) Retraining services

(1) Of the funds allocated to a substate grantee

under this part for any program year, not less

than 50 percent shall be expended for retraining

services specified under section 1661c(d) of this

title.

(2) A substate grantee may apply to the Governor for a waiver of the requirement in paragraph (1). Such waiver may not permit less than

30 percent of the funds to be spent for such retraining services. The waiver may be granted in

whole or in part if the substate grantee demonstrates that the worker readjustment program in the area will be consistent with the

principle that dislocated workers be prepared for

occupations or industries with long-term potential. The Governor shall prescribe criteria for

the demonstration required by the previous sentence.

(3) An application for such a waiver shall be

submitted at such time and in such form as the

Governor may prescribe. The Governor shall

provide an opportunity for public comment on

the application.

(b) Needs-related payments and supportive services limitation

Of the funds allocated to a substate grantee or

to the Governor under this part for any program

year, not more than 25 percent may be expended

to provide needs-related payments and other

supportive services.

(c) Administrative cost limitation

Of the funds allocated to a substate grantee or

to the Governor under this part for any program

year, not more than 15 percent may be expended

to cover the administrative cost of programs.

For purposes of this subsection, administrative

cost does not include the cost of activities under

section 1661c(b) of this title.

(d) Combination of funds

Substate grantees within a State may combine funds under this subchapter for the provision of services to eligible dislocated workers

from 2 or more substate areas.

(e) ‘‘Allocated’’ defined

As used in this section, the term ‘‘allocated’’,1

means allocated for a program year, as adjusted

for reallocations between substate areas, and for

reallotments in accordance with section 1653 of

this title.

(Pub. L. 97–300, title III, §315, as added Pub. L.

100–418, title VI, §6302(a), Aug. 23, 1988, 102 Stat.

1535; amended Pub. L. 102–367, title III, §302,

Sept. 7, 1992, 106 Stat. 1073.)

AMENDMENTS

1992—Subsec. (a)(1). Pub. L. 102–367, §302(a), amended

par. (1) generally. Prior to amendment, par. (1) read as

follows: ‘‘Not less than 50 percent of the funds expended

under this subchapter by any substate grantee shall be

expended for retraining services specified under section

1661c(d) of this title.’’

Subsec. (b). Pub. L. 102–367, §302(b), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as

follows: ‘‘Not more than 25 percent of the funds expended under this subchapter by any substate grantee

or by the Governor may be used to provide needs-related payments and other supportive services.’’

Subsec. (c). Pub. L. 102–367, §302(c), amended first sentence generally. Prior to amendment, first sentence

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

expended under this subchapter by any substate grantee or by the Governor may be expended to cover the administrative cost of programs under this subchapter.’’

Subsec. (d). Pub. L. 102–367, §302(d), added subsec. (d).

Subsec. (e). Pub. L. 102–367, §302(e), added subsec. (e).

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 1518, 1661c of

this title.

§ 1661e. Retraining services availability

(a) Alternative methods of providing retraining

services

A substate grantee may provide retraining

services described in section 1661c(d) of this title

to an eligible dislocated worker—