(a) Eligible dislocated workers, as defined in section 301 of the
Act, may participate in programs under this part. For the purposes of
determining
eligibility under section 301(a)(1)(A) of the Act, the term ``eligible
for'' unemployment compensation includes any individual whose wages from
employment would be considered in determining eligibility for
unemployment compensation under Federal or State unemployment
compensation laws.
(b)(1) Except as provided in paragraph (b)(3) of this section,
workers who have not received an individual notice of termination but
who are employed at a facility for which the employer has made a public
announcement of planned closure shall be considered eligible dislocated
workers with respect to the provision of basic readjustment services
specifically identified in section 314(c) of the Act with the exception
of supportive services and relocation assistance.
(2) Individuals identified in paragraph (b)(1) of this section shall
be eligible to receive all services authorized in sections 314 of the
Act after a date which is 180 days prior to the scheduled closure date
of the facility, subject to the provisions of Sec. 631.20 of this part
and other applicable provisions regarding receipt of supportive
services.
(3) Paragraphs (b)(1) and (b)(2) of this section shall not apply to
individuals who are likely to remain employed with the employer or to
retire instead of seeking new employment.
(4) For the purposes of paragraph (b)(1) of this section, the
Governor shall establish criteria for defining public announcement. Such
criteria shall include provisions that the public announcement shall be
made by the employer and shall indicate a planned closure date for the
facility (section 314(h)).
(c) Eligible dislocated workers include individuals who were self-
employed (including farmers and ranchers) and are unemployed:
(1) Because of natural disasters, subject to the provisions of
paragraph (e) of this section; or
(2) As a result of general economic conditions in the community in
which they reside.
(d) For the purposes of paragraph (c) of this section, categories of
economic conditions resulting in the dislocation of a self-employed
individual may include, but are not limited to:
(1) Failure of one or more businesses to which the self-employed
individual supplied a substantial proportion of products or services;
(2) Failure of one or more businesses from which the self-employed
individual obtained a substantial proportion of products or services;
(3) Substantial layoff(s) from, or permanent closure(s) of, one or
more plants or facilities that support a significant portion of the
State or local economy.
(e) The Governor is authorized to establish procedures to determine
the eligibility to participate in programs under this part of the
following categories of individuals:
(1) Self-employed farmers, ranchers, professionals, independent
tradespeople and other business persons formerly self-employed but
presently unemployed.
(2) Self-employed individuals designated in paragraph (d)(1) of this
section who are in the process of going out of business, if the Governor
determines that the farm, ranch, or business operations are likely to
terminate.
(3) Family members and farm or ranch hands of individuals identified
under paragraphs (d)(1) and (2) of this section, to the extent that
their contribution to the farm, ranch, or business meets minimum
requirements as established by the Governor.
(f) The Governor is authorized to establish procedures to identify
individuals permanently dislocated from their occupations or fields of
work, including self-employment, because of natural disasters. For the
purposes of this paragraph (f), categories of natural disasters include,
but are not limited to, any hurricane, tornado, storm, flood, high
water, wind-driven water, tidal wave, tsunami, earthquake, volcanic
eruption, landslide, mudslide, drought, fire, or explosion.
(g) The State may provide services to displaced homemakers (as
defined in section 4 of the Act) under this part only if the Governor
determines that such services may be provided without adversely
affecting the delivery of such services to eligible dislocated workers
(section 311(b)(4)).
(h) An eligible dislocated worker issued a certificate of continuing
eligibility, as provided in Sec. 631.53 of this part, shall remain
eligible for assistance under this part for the period specified in the
certificate, not to exceed 104 weeks. The 45-day enrollment provisions
described in subpart B of part 627 of this chapter shall be waived for
eligible individuals who possess a valid certificate under this
paragraph and it is not required that a new application be taken prior
to participation.
(i) An eligible dislocated worker who does not possess a valid
certificate shall remain eligible if such individual:
(1) Remains unemployed, or
(2) Accepts temporary employment for the purpose of income
maintenance prior to and/or during participation in a training program
under this part with the intention of ending such temporary employment
at the completion of the training and entry into permanent unsubsidized
employment as a result of the training. Such temporary employment must
be with an employer other than that from which the individual was
dislocated. This provision applies to eligible individuals both prior to
and subsequent to enrollment.
(j) The Governor shall ensure that rapid response and basic
readjustment services under Title III of JTPA are made available to
workers who, under the NAFTA Worker Security Act (Pub. L. 103-182), are
members of a group of workers (including workers in any agricultural
firm or subdivision of an agricultural firm) for which the Governor has
made a finding that (1) the sales or production, or both, of such firm
or subdivision have decreased absolutely, and (2) imports from Mexico or
Canada of articles like or directly competitive with articles produced
by such firm or subdivision have increased; or (3) there has been a
shift in production by such workers' firm or subdivision to Mexico or
Canada of articles which are produced by the firm or subdivision.
