Page:United States Statutes at Large Volume 102 Part 2.djvu/525

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1529

"(7) any program conducted with funds made available under this title which will provide services to a substantial number of members of a labor organization will be established only after full consultation with such labor organization; "(8) the State will not prescribe any standard for the operation of programs under this part that is inconsistent with section 106(g); "(9) the State job training coordinating council has reviewed and commented in writing on the plan; and "(10) the delivery of services with funds made available under this title will be integrated or coordinated with services or payments made available under chapter 2 of title II of the Trade Act of 1974 and provided by any State or local agencies designated under section 239 of the Trade Act of 1974. "(c) REVIEW AND APPROVAL OP STATE PLANS.—The Secretary shall review any plan submitted under subsection (a), and any comments thereon submitted by the State job training coordinating council pursuant to subsection (b)(9), 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) 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). "(e) C!oMPLAiNT, INVESTIGATION, PENALTY.—(1) Whenever the Secretary receives a compleiint 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 Act 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. "(0 SPECIAL RULE.—The provisions of section 102(h) and 105(d), relating to cases in which a service delivery area is a State, shall apply to this title. "SUBSTATE GRANTEES

312. (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 substete areeis, the Governor shall consider— "(A) the availability of services throughout the State; "SEC.

29 USC I66ia.

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