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PUBLIC LAW 100-418—AUG. 23, 1988
102 STAT. 1527
"RECAPTURE AND REALLOTMENT OF UNEXPENDED FUNDS
303. (a) GENERAL REALLOTMENT AUTHORITY.—For program State and local years beginning July 1, 1989, and thereafter, the Secretary shall, in governments. 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 3020t)) 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 3020^), allot to eligible States the amount available that remains after the allotment required by paragraph (2) of this subsection. "SEC.
"(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). 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)(D, 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.
"PART A—STATE DELIVERY OF SERVICES "STATE PLAN "SEC.
311. (a) STATE PLAN REQUIRED.—In order to receive an
allotment of funds under section 302(b), 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
29 USC 1661.
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