Page 655 TITLE 29—LABOR § 1661b

resented by more than one such official or council, the respective officials and councils shall

each designate representatives, in accordance

with procedures established by the Governor

(after consultation with the State job training

coordinating council), to negotiate such agreement. In the event agreement cannot be reached

on the selection of a substate grantee, the Governor shall select the substate grantee.

(c) Eligibility

Entities eligible for designation as substate

grantees include—

(1) private industry councils in the substate

area;

(2) service delivery area grant recipients or

administrative entities;

(3) private nonprofit organizations;

(4) units of general local government in the

substate area, or agencies thereof;

(5) local offices of State agencies; and

(6) other public agencies, such as community

colleges and area vocational schools.

(d) Functions of substate grantees

The substate grantee shall be responsible for

providing, within such substate area, services

described in section 1661c(c), (d), and (e) of this

title pursuant to an agreement with the Governor and in accordance with the State plan

under section 1661 of this title and the substate

plan under section 1661b of this title. The substate grantee may provide such services directly

or through contract, grant, or agreement with

service providers.

(e) Applicability of general administrative provisions to substate grantees

The requirements of parts C and D of subchapter I of this chapter that apply to an administrative entity or a recipient of financial assistance under this chapter shall also apply to substate grantees under this subchapter.

(Pub. L. 97–300, title III, §312, as added Pub. L.

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

1529.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1651, 1661b,

1661f, 1662e of this title.

§ 1661b. Substate plan

(a) General rule

No amounts appropriated for any fiscal year

may be provided to a substate grantee unless the

Governor (after considering the recommendations of the State job training coordinating

council) has approved a substate plan, or modification thereof, submitted by the substate

grantee describing the manner in which activities will be conducted within the substate area.

Prior to the submission to the Governor, the

plan shall be submitted for review and comment

to the other parties to the agreement described

in section 1661a(b) of this title.

(b) Contents of substate plan

The substate plan shall contain a statement

of—

(1) the means for delivering services described in section 1661c of this title to eligible

dislocated workers;

(2) the means to be used to identify, select,

and verify the eligibility of program participants;

(3) the means for implementing the requirements of section 1661c(f) of this title;

(4) the means for involving labor organizations in the development and implementation

of services;

(5) the performance goals to be achieved consistent with the performance goals contained

in the State plan pursuant to section 1661(b)(8)

of this title;

(6) procedures, consistent with section 1517

of this title, for selecting service providers

which take into account past performance in

job training or related activities, fiscal accountability, and ability to meet performance

standards;

(7) a description of the methods by which the

substate grantee will respond expeditiously to

worker dislocation where the rapid response

assistance required by section 1661c(b) of this

title is inappropriate, including worker dislocation in sparsely populated areas, which

methods may include (but are not limited

to)—

(A) development and delivery of widespread outreach mechanisms;

(B) provision of financial evaluation and

counseling (where appropriate) to assist in

determining eligibility for services and the

type of services needed;

(C) initial assessment and referral for further basic adjustment and training services;

and

(D) establishment of regional centers for

the purpose of providing such outreach, assessment, and early readjustment assistance;

(8) a description of the methods by which the

other parties to the agreement described in

section 1661a(b) of this title may be involved

in activities of the substate grantee;

(9) a description of training services to be

provided, including—

(A) procedures to assess participants’ current education skill levels and occupational

abilities;

(B) procedures to assess participants’

needs, including educational, training, employment, and social services;

(C) methods for allocating resources to

provide the services recommended by rapid

response teams for eligible dislocated workers within the substate area; and

(D) a description of services and activities

to be provided in the substate area;

(10) the means whereby coordination with

other appropriate programs, services, and systems will be effected, particularly where such

coordination is intended to provide access to

the services of such other systems for program

participants at no cost to the worker readjustment program; and

(11) a detailed budget, as required by the

State.

(c) Plan approval

The Governor shall approve or disapprove the

plan of a substate grantee in the manner re-
§ 1661c TITLE 29—LABOR Page 656

quired by section 1515(b)(1), (2), and (3) of this

title. If a substate grantee fails to submit a

plan, or submits a plan that is not approved by

the Governor in accordance with such section,

the Governor may direct the expenditure of

funds allocated to the substate area until such

time as a plan is submitted and approved or a

new substate grantee is designated under section 1661a of this title.

(d) By-pass authority

If a substate grantee fails to expend funds allocated to it in accordance with its plan, the

Governor may, subject to appropriate notice and

opportunity for comment in the manner required by section 1515(b)(1), (2), and (3) of this

title, direct the expenditure of funds in accordance with the substate plan until—

(1) the substate grantee corrects the failure,

(2) the substate grantee submits an acceptable modification to its plan pursuant to subsection (a) of this section, or

(3) a new substate grantee is designated

under section 1661a of this title.

(Pub. L. 97–300, title III, §313, as added Pub. L.

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

1531.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1661a, 1661c,

1661f of this title.

§ 1661c. Use of funds; services to be provided

(a) In general

Funds allotted under section 1652 of this title

may be used—

(1) to provide rapid response assistance in

accordance with subsection (b) of this section;

(2) to deliver, coordinate, and integrate basic

readjustment services and support services in

accordance with subsection (c) of this section;

(3) to provide retraining services in accordance with subsection (d) of this section;

(4) to provide needs-related payments in accordance with subsection (e) of this section;

and

(5) to provide for coordination with the unemployment compensation system in accordance with subsection (f) of this section.

(b) Rapid response assistance

(1) The dislocated worker unit required by section 1661(b)(2) of this title shall include specialists who may use funds available under this subchapter—

(A) to establish on-site contact with employer and employee representatives within a

short period of time (preferably 48 hours or

less) after becoming aware of a current or projected permanent closure or substantial layoff

in order to—

(i) provide information on and facilitate

access to available public programs and

services; and

(ii) provide emergency assistance adapted

to the particular closure or layoff;

(B) to promote the formation of labor-management committees, by providing—

(i) immediate assistance in the establishment of the labor-management committee,

including providing immediate financial assistance to cover the start-up costs of the

committee;

(ii) a list of individuals from which the

chairperson of the committee may be selected;

(iii) technical advice as well as information on sources of assistance, and liaison

with other public and private services and

programs; and

(iv) assistance in the selection of worker

representatives in the event no union is

present;

(C) to collect information related to—

(i) economic dislocation (including potential closings or layoffs); and

(ii) all available resources within the State

for displaced workers,

which information shall be made available on

a regular basis to the Governor and the State

job training coordinating council to assist in

providing an adequate information base for effective program management, review, and

evaluation;

(D) to provide or obtain appropriate financial and technical advice and liaison with economic development agencies and other organizations to assist in efforts to avert worker dislocations;

(E) to disseminate information throughout

the State on the availability of services and

activities carried out by the dislocated worker

unit or office; and

(F) to assist the local community in developing its own coordinated response and in obtaining access to State economic development

assistance.

(2) In a situation involving an impending permanent closure or substantial layoff, a State

may provide funds, where other public or private

resources are not expeditiously available, for a

preliminary assessment of the advisability of

conducting a comprehensive study exploring the

feasibility of having a company or group, including the workers, purchase the plant and continue it in operation.

(3) The Secretary shall oversee the administration by each State of the rapid response assistance services provided in such State and the

effectiveness, efficiency, and timeliness of the

delivery of such services. If the Secretary determines that such services are not being performed adequately, the Secretary shall implement appropriate corrective action, including,

where necessary, the selection of a new rapid response assistance service provider.

(4) For purposes of rapid response assistance

provided by a State dislocated worker unit, the

term ‘‘substantial layoff’’ means a layoff of 50 or

more individuals.

(c) Basic readjustment services

Funds allotted under section 1652 of this title

may be used to provide basic readjustment services to eligible dislocated workers. Subject to

limitations set forth in subsection (e) of this

section and section 1661d(a) of this title, the

services may include (but are not limited to)—

(1) development of individual readjustment

plans for participants in programs under this

subchapter;