§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 .)

Repeal of Section

Pub. L. 105–220, title I, §199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059 , provided that this section is repealed effective July 1, 2000.

Effective Date

Section 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, 1604 of this title.

¹ So in original. Probably should be "(c)".