§ 1661a TITLE 29—LABOR Page 654

comments thereon submitted by the State job

training coordinating council pursuant to subsection (b)(9) of this section, and shall notify a

State as to any deficiencies in such plan within

30 days after submission. Unless a State has

been so notified, the Secretary shall approve the

plan within 45 days after submission. The Secretary shall not finally disapprove the plan of

any State except after notice and opportunity

for a hearing.

(d) Modifications

Any plan submitted under subsection (a) of

this section may be modified to describe changes

in or additions to the programs and activities

set forth in the plan, except that no such modification shall be effective unless reviewed and

approved in accordance with subsection (c) of

this section.

(e) Complaint, investigation, penalty

(1) Whenever the Secretary receives a complaint or a report from an aggrieved party or a

public official that a State is not complying

with the provisions of the State plan required by

this section, the Secretary shall investigate

such report or complaint.

(2)(A) Whenever the Secretary determines that

there has been such a failure to comply and that

other remedies under this chapter are not available or are not adequate to achieve compliance,

the Secretary may withhold an amount not to

exceed 10 percent of the allotment of the State

for the fiscal year in which the determination is

made for each such violation.

(B) No determination may be made under this

paragraph until the State affected is afforded

adequate notice and opportunity for a hearing.

(f) Special rule

The provisions of sections 1512(h) and 1515(d) of

this title, relating to cases in which a service

delivery area is a State, shall apply to this subchapter.

(Pub. L. 97–300, title III, §311, as added Pub. L.

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

1527; amended Pub. L. 102–367, title I, §115(b),

title VII, §702(a)(12), Sept. 7, 1992, 106 Stat. 1034,

1112; Pub. L. 102–484, div. D, title XLIV, §4467(a),

Oct. 23, 1992, 106 Stat. 2750.)

REFERENCES IN TEXT

The Trade Act of 1974, referred to in subsec. (b)(10), is

Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended.

Chapter 2 of title II of the Trade Act of 1974 is classified

generally to part 2 (§2271 et seq.) of subchapter II of

chapter 12 of Title 19, Customs Duties. For complete

classification of this Act to the Code, see section 2101

of Title 19 and Tables.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–367, §115(b), substituted

‘‘1516(c)’’ for ‘‘1516(g)’’.

Subsec. (b)(3)(D). Pub. L. 102–484, §4467(a)(1), inserted

before semicolon at end ‘‘, 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’’.

Subsec. (b)(8). Pub. L. 102–367, §115(b), substituted

‘‘1516(c)’’ for ‘‘1516(g)’’.

Subsec. (b)(11), (12). Pub. L. 102–484, §4467(a)(2)–(4),

added pars. (11) and (12).

Subsec. (f). Pub. L. 102–367, §702(a)(12), substituted

‘‘sections’’ for ‘‘section’’.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

with provisions relating to issuance of revised performance standards under amendments by section 115 of

Pub. L. 102–367, see section 701(a) and (b) 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 1661a, 1661b,

1661c, 1661f, 1662, 1662d–1 of this title; title 5 section

3502.

§ 1661a. Substate grantees

(a) Designation of substate areas

(1) The Governor of each State shall, after receiving any recommendations from the State

job training coordinating council, designate substate areas for the State.

(2) Each service delivery area within a State

shall be included within a substate area and no

service delivery area shall be divided among two

or more substate areas.

(3) In making designations of substate areas,

the Governor shall consider—

(A) the availability of services throughout

the State;

(B) the capability to coordinate the delivery

of services with other human services and economic development programs; and

(C) the geographic boundaries of labor market areas within the State.

(4) Subject to paragraphs (2) and (3), the Governor—

(A) shall designate as a substate area any

single service delivery area that has a population of 200,000 or more;

(B) shall designate as a substate area any

two or more contiguous service delivery

areas—

(i) that in the aggregate have a population

of 200,000 or more; and

(ii) that request such designation; and

(C) shall designate as a substate area any

concentrated employment program grantee for

a rural area described in section

1511(a)(4)(A)(iii) of this title.

(5) The Governor may deny a request for designation under paragraph (4)(B) if the Governor

determines that such designation would not be

consistent with the effective delivery of services

to eligible dislocated workers in various labor

market areas (including urban and rural areas)

within the State, or would not otherwise be appropriate to carry out the purposes of this subchapter.

(6) The designations made under this section

may not be revised more than once each two

years, in accordance with the requirements of

this section.

(b) Designation of substate grantees

A substate grantee shall be designated, on a

biennial basis, for each substate area. Such substate grantee shall be designated in accordance

with an agreement among the Governor, the

local elected official or officials of such area,

and the private industry council or councils of

such area. Whenever a substate area is rep-
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-