Page 659 TITLE 29—LABOR § 1662a

(1) by beginning such services promptly upon

the worker’s application for the program

under this subchapter;

(2) by deferring the beginning of such services and providing the worker with a certificate of continuing eligibility in accordance

with subsection (b)(1) and (2) of this section; or

(3) by permitting the worker to obtain such

services from a service provider using such

certificate in accordance with subsection (b)(3)

of this section.

(b) Certification of continuing eligibility

(1) A substate grantee may issue to any eligible dislocated worker who has applied for the

program authorized in this part a certificate of

continuing eligibility. Such a certificate of continuing eligibility may be effective for periods

not to exceed 104 weeks. No such certificate

shall include any reference to any specific

amount of funds. Any such certificate shall

state that it is subject to the availability of

funds at the time that any such training services are to be provided. Acceptance of such a

certificate shall not be deemed to be enrollment

in training.

(2) Any individual to whom a certificate of

continuing eligibility has been issued under

paragraph (1) of this subsection shall remain eligible for the program authorized under this part

for the period specified in the certificate, notwithstanding section 1651(a) of this title, and

may use the certificate in order to receive the

retraining services, subject to the limitations

contained in the certificate.

(3) A substate grantee may provide training

services through systems that permit eligible

dislocated workers to use certificates of continuing eligibility to seek out and arrange their

own retraining with service providers approved

by that substate grantee. Retraining provided

pursuant to the certificate shall be conducted

under a grant, contract, or other arrangement

between the substate grantee and the service

provider.

(Pub. L. 97–300, title III, §316, as added Pub. L.

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

1535.)

§ 1661f. Functions of State job training coordinating council

For purposes of this subchapter, the State job

training coordinating council shall—

(1) provide advice to the Governor regarding

the use of funds under this subchapter, including advice on—

(A) the designation of substate areas and

substate grantees, and the procedures for the

selection of representatives within such

areas under section 1661a of this title; and

(B) the methods for allocation and reallocation of funds, including the method for

distribution of funds reserved under section

1652(c)(2) of this title and funds subject to reallocation under section 1653(d) of this title;

(2) submit comments to the Governor and

the Secretary on the basis of review of the

State and substate programs under this subchapter;

(3) review, and submit written comments on,

the State plan (and any modification thereof)

before its submission under section 1661 of this

title;

(4) review, and submit written comments on,

each substate plan submitted to the Governor

under section 1661b of this title; and

(5) provide advice to the Governor regarding

performance standards.

(Pub. L. 97–300, title III, §317, as added Pub. L.

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

1536.)

PART B—FEDERAL RESPONSIBILITIES

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1652 of this title.

§ 1662. Federal administration

(a) Standards

The Secretary shall promulgate standards for

the conduct and evaluation of programs under

this subchapter.

(b) By-pass authority

In the event that any State fails to submit a

plan that is approved under section 1661 of this

title, the Secretary shall use the amount that

would be allotted to that State to provide for

the delivery in that State of the programs, activities, and services authorized by this subchapter until the State plan is submitted and

approved under that section.

(Pub. L. 97–300, title III, §321, as added Pub. L.

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

1536.)

§ 1662a. Federal delivery of dislocated worker

services

(a) General authority

The Secretary shall, with respect to programs

required by this subchapter—

(1) distribute funds to States in accordance

with the requirements of section 1652 of this

title;

(2) provide funds to exemplary and demonstration programs on plant closings and

worker dislocation;

(3) otherwise allocate discretionary funds to

projects serving workers affected by multiState or industry-wide dislocations and to

areas of special need in a manner that efficiently targets resources to areas of most

need, encourages a rapid response to economic

dislocations, and promotes the effective use of

funds;

(4) monitor performance and expenditures

and annually certify compliance with standards prescribed by the Secretary under section

1516(c) of this title;

(5) conduct research and serve as a national

clearinghouse for gathering and disseminating

information on plant closings and worker dislocation; and

(6) provide technical assistance and staff

training services to States, communities, businesses, and unions, as appropriate.

(b) Administrative provisions

The Secretary shall designate or create an

identifiable dislocated workers unit or office to

coordinate the functions of the Secretary under

this subchapter.