§ 1653 TITLE 29—LABOR Page 652

(d) Within State distribution

The Governor shall allocate the remainder of

the amount allotted to the State under this part

to substate areas for services authorized in this

part, based on an allocation formula prescribed

by the Governor. Such formula may be amended

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.

Such information shall include (but is not limited to)—

(1) insured unemployment data;

(2) unemployment concentrations;

(3) plant closing and mass layoff data;

(4) declining industries data;

(5) farmer-rancher economic hardship data;

and

(6) long-term unemployment data.

(e) Reservation for territories

Not more than 0.3 percent of the amounts appropriated pursuant to section 1502(b) of this

title and available under subsection (a)(2) of this

section for any fiscal year shall be allocated

among the Commonwealth of the Northern Mariana Islands and the other territories and possessions of the United States.

(Pub. L. 97–300, title III, §302, as added Pub. L.

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

1525; amended Pub. L. 102–367, title I, §102(b),

title VII, §702(a)(11), Sept. 7, 1992, 106 Stat. 1024,

1112.)

PRIOR PROVISIONS

A prior section 1652, Pub. L. 97–300, title III, §302, Oct.

13, 1982, 96 Stat. 1365; Pub. L. 99–496, §11, Oct. 16, 1986,

100 Stat. 1264, related to identification of dislocated

workers, prior to the general revision of this subchapter by Pub. L. 100–418.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–367, §102(b), substituted

‘‘1502(b)’’ for ‘‘1502(c)’’ in introductory provisions.

Subsec. (b)(2). Pub. L. 102–367, §702(a)(11), substituted

‘‘part A of this subchapter’’ for ‘‘part B of this subchapter and this part’’.

Subsec. (e). Pub. L. 102–367, §102(b), substituted

‘‘1502(b)’’ for ‘‘1502(c)’’.

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 1653, 1661, 1661c,

1661f, 1662a, 1662b, 1662c of this title.

§ 1653. Recapture and reallotment of unexpended

funds

(a) General reallotment authority

For program years beginning July 1, 1989, and

thereafter, the Secretary shall, in accordance

with the requirements of this section, reallot to

eligible States the funds allotted to States from

funds appropriated for such program year that

are available for reallotment.

(b) Amount available for reallotment

The amount available for reallotment is equal

to—

(1) the amount by which the unexpended balance of the State allotment at the end of the

program year prior to the program year for

which the determination under this section is

made exceeds 20 percent of such allotment for

that prior program year; plus

(2) the unexpended balance of the State allotment from any program year prior to the

program year in which there is such excess.

(c) Method of reallotment

(1) The Secretary shall determine the amount

that would be allotted to each eligible State by

using the factors described in section 1652(b) of

this title to allocate among eligible States the

amount available pursuant to subsection (b) of

this section.

(2) The Secretary shall allot to each eligible

high unemployment State the amount determined for that State under the procedure in

paragraph (1) of this subsection.

(3) The Secretary shall, by using the factors

described in section 1652(b) of this title, allot to

eligible States the amount available that remains after the allotment required by paragraph

(2) of this subsection.

(d) State procedures with respect to reallotment

The Governor of each State shall prescribe

uniform procedures for the expenditure of funds

by substate grantees in order to avoid the requirement that funds be made available for reallotment under subsection (b) of this section. The

Governor shall further prescribe equitable procedures for making funds available from the

State and substate grantees in the event that a

State is required to make funds available for reallotment under such subsection.

(e) Definitions

(1) For the purpose of this section, an eligible

State means a State which has expended at least

80 percent of its allotment for the program year

prior to the program year for which the determination under this section is made.

(2) For the purpose of this section, an eligible

high unemployment State means a State—

(A) which meets the requirement in subsection (c)(1) of this section, and

(B) which is among the States which has an

unemployment rate greater than the national

average unemployment for the most recent 12

months for which satisfactory data are available.

(3) For purposes of this section, funds awarded

from discretionary funds of the Secretary shall

not be included in calculating any of the reallotments described in this section.

(Pub. L. 97–300, title III, §303, as added Pub. L.

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

1527.)

PRIOR PROVISIONS

Prior sections 1653 to 1658 were omitted in the general

revision of this subchapter by Pub. L. 100–418.

Section 1653, Pub. L. 97–300, title III, §303, Oct. 13,

1982, 96 Stat. 1366, authorized activities under provisions of former subchapter. For applicability to program year beginning July 1, 1988, see section 6305(e) of

Pub. L. 100–418, set out as an Effective Date; Transition

Provisions note under section 1651 of this title.

Section 1654, Pub. L. 97–300, title III, §304, Oct. 13,

1982, 96 Stat. 1366, related to matching requirements for

funds.
Page 653 TITLE 29—LABOR § 1661

Section 1655, Pub. L. 97–300, title III, §305, Oct. 13,

1982, 96 Stat. 1367, related to program review.

Section 1656, Pub. L. 97–300, title III, §306, Oct. 13,

1982, 96 Stat. 1367, related to consultation with labor organizations.

Section 1657, Pub. L. 97–300, title III, §307, Oct. 13,

1982, 96 Stat. 1367, related to limitations on availability

of funds.

Section 1658, Pub. L. 97–300, title III, §308, Oct. 13,

1982, 96 Stat. 1367; Pub. L. 97–404, §3, Dec. 31, 1982, 96

Stat. 2026, related to State plans and coordination with

other programs.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1661d, 1661f of

this title; title 19 section 2296.

PART A—STATE DELIVERY OF SERVICES

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1662b of this title.

§ 1661. State plan

(a) State plan required

In order to receive an allotment of funds under

section 1652(b) of this title, the Governor of a

State shall submit to the Secretary, on a biennial basis, a State plan describing in detail

the programs and activities that will be assisted

with funds provided under this subchapter. The

State plan shall be submitted on or before the

first day of May immediately preceding the program year for which funds are first to be made

available under this subchapter. Such plan shall

include incentives to provide training of greater

duration for those who require it, consistent

with section 1516(c) of this title.

(b) Contents of plan

Each State plan shall contain provisions demonstrating to the satisfaction of the Secretary

that the State will comply with the requirements of this subchapter and that—

(1) services under this subchapter—

(A) will, except as provided in paragraph

(4), only be provided to eligible dislocated

workers;

(B) will not be denied to an eligible dislocated worker displaced by a permanent

closure or substantial layoff within the

State, regardless of the State of residence of

such worker; and

(C) may be provided to other eligible dislocated workers regardless of the State of

residence of such worker;

(2) the State will designate or create an

identifiable State dislocated worker unit or office with the capability to respond rapidly, on

site, to permanent closures and substantial

layoffs throughout the State in order to assess

the need for, and initially to provide for, appropriate basic readjustment services;

(3) the State unit will—

(A) make appropriate retraining and basic

readjustment services available to eligible

dislocated workers through the use of rapid

response teams, substate grantees, and other

appropriate organizations;

(B) work with employers and labor organizations in promoting labor-management cooperation to achieve the goals of this subchapter;

(C) operate a monitoring, reporting, and

management system which provides an adequate information base for effective program

management, review, and evaluation; and

(D) provide technical assistance and advice

to substate grantees, including immediate

notification to substate grantees of current

or projected permanent closures or substantial layoffs in the substate area of such

grantee to continue and expand the services

initiated by the rapid response teams;

(4) the State will provide to additional dislocated workers (as defined in section

1651(a)(2) of this title) the services available

under this subchapter to eligible dislocated

workers only if the Governor of such State determines that such services may be provided

to additional dislocated workers without adversely affecting the delivery of such services

to eligible dislocated workers;

(5) the State unit will exchange information

and coordinate programs with—

(A) the appropriate economic development

agency, for the purpose of developing strategies to avert plant closings or mass layoffs

and to accelerate the reemployment of affected individuals;

(B) State education, training, and social

services programs; and

(C) all other programs available to assist

dislocated workers (including the Job Service and the unemployment insurance system);

(6) the State unit will disseminate throughout the State information on the availability

of services and activities under this subchapter;

(7) any program conducted with funds made

available under this subchapter which will

provide services to a substantial number of

members of a labor organization will be established only after full consultation with such

labor organization;

(8) the State will not prescribe any standard

for the operation of programs under this part

that is inconsistent with section 1516(c) of this

title;

(9) the State job training coordinating council has reviewed and commented in writing on

the plan;

(10) the delivery of services with funds made

available under this subchapter will be integrated or coordinated with services or payments made available under chapter 2 of title

II of the Trade Act of 1974 [19 U.S.C. 2271 et

seq.] and provided by any State or local agencies designated under section 239 of the Trade

Act of 1974 [19 U.S.C. 2311];

(11) the State unit will provide the Secretary

with a cost breakdown of all funds made available under this subchapter used by such unit

for administrative expenditures; and

(12) the State will not transfer the responsibility for the rapid response assistance functions of the State unit under section 1661c(b)

of this title to another entity, but the State

may contract with another entity to perform

rapid response assistance services.

(c) Review and approval of State plans

The Secretary shall review any plan submitted

under subsection (a) of this section, and any