20 C.F.R. PART 626—INTRODUCTION TO THE REGULATIONS UNDER THE JOB TRAINING PARTNERSHIP ACT
Title 20 - Employees' Benefits
Authority: 29 U.S.C. 1579(a).
Source: 59 FR 45815, Sept. 2, 1994, unless otherwise noted.
It is the purpose of the Job Training Partnership Act (JTPA or the Act) to establish programs to prepare youth and adults facing serious barriers to employment for participation in the labor force by providing job training and other services that will result in increased employment and earnings, increased educational and occupational skills, and decreased welfare dependency, thereby improving the quality of the work force and enhancing the productivity and competitiveness of the Nation (section 2). (a) Regulations promulgated by the Department of Labor to implement the provisions of the Act are set forth in parts 626 through 638 of title 20, chapter V, of the Code of Federal Regulations, with the exception of the veterans' employment program's chapter IX regulations of the Office of the Assistant Secretary for Veterans' Employment and Training, which are set forth at part 1005 of title 20. (b) Nondiscrimination and equal opportunity requirements and procedures, including complaint processing and compliance reviews, will be governed by the provisions of 29 CFR part 34 and will be administered by the Department of Labor (Department or DOL) Directorate of Civil Rights. (c) General authority for the JTPA regulations is found at section 169 of the Act. Specific statutory authorities other than section 169 are noted throughout the JTPA regulations. (a) Parts 626 through 638 of this chapter and part 1005 of chapter IX (Veterans' employment programs under title IV, part C of the Job Training Partnership Act) establish the Federal programmatic and administrative requirements for JTPA grants awarded by the Department of Labor to eligible grant recipients. (b) Parts 626 through 638 of this chapter and part 1005 of chapter IX apply to recipients and subrecipients of JTPA funds. The table of contents for the regulations under the Job Training Partnership Act, 20 CFR parts 626–638 and 1005,1 1 Part 1005 was removed at 59 FR 26601, May 23, 1994.
PART 626—INTRODUCTION TO THE REGULATIONS UNDER THE JOB TRAINING PARTNERSHIP ACT Sec. 626.1 Scope and purpose of the Job Training Partnership Act. 626.2 Format of the Job Training Partnership Act regulations. 626.3 Purpose, scope and applicability of the Job Training Partnership Act regulations. 626.4 Table of contents for the Job Training Partnership Act regulations. 626.5 Definitions. PART 627—GENERAL PROVISIONS GOVERNING PROGRAMS UNDER THE ACT Subpart A—Scope and Purpose 627.100 Scope and Purpose of Part 627. Subpart B—Program Requirements 627.200 Governor/Secretary agreement. 627.205 Public service employment prohibition. 627.210 Nondiscrimination and nonsectarian activities. 627.215 Relocation. 627.220 Coordination with programs under title IV of the Higher Education Act including the Pell grant program. 627.225 Employment generating activities. 627.230 Displacement. 627.235 General program requirements. 627.240 On-the-job training. 627.245 Work experience. 627.250 Interstate agreements. Subpart C—Payments, Supportive Services and Benefits and Working Conditions 627.300 Scope and purpose. 627.305 Payments. 627.310 Supportive Services. 627.315 Benefits and working conditions. Subpart D—Administrative Standards 627.400 Scope and purpose. 627.405 Grant agreement and funding. 627.410 Reallotment and reallocation. 627.415 Insurance. 627.420 Procurement. 627.422 Selection of service providers. 627.423 Funding restrictions for “high-risk” recipients and subrecipients. 627.424 Prohibition of subawards to debarred and suspended parties. 627.425 Standards for financial management and participant data systems. 627.430 Grant payments. 627.435 Cost principles and allowable costs. 627.440 Classification of costs. 627.445 Limitations on certain costs. 627.450 Program income. 627.455 Reports required. 627.460 Requirements for records. 627.463 Public access to records. 627.465 Property management standards. 627.470 Performance standards. 627.471 Reorganization plan appeals. 627.475 Oversight and monitoring. 627.477 Governor's determination of substantial violation. 627.480 Audits. 627.481 Audit resolution. 627.485 Closeout. 627.490 Later disallowances and adjustments after closeout. 627.495 Collection of amounts due. Subpart E—Grievances Procedures at the State and Local Level 627.500 Scope and purpose. 627.501 State grievance and hearing procedures for noncriminal complaints at the recipient level. 627.502 Grievance and hearing procedures for noncriminal complaints at the SDA and SSG levels. 627.503 Recipient-level review. 627.504 Noncriminal grievance procedure at employer level. Subpart F—Federal Handling of Noncriminal Complaints and other Allegations 627.600 Scope and purpose. 627.601 Complaints and allegations at the Federal level. 627.602 Resolution of investigative findings. 627.603 Special handling of labor standards violations under section 143 of the Act. 627.604 Alternative procedure for handling labor standards violations under section 143—Binding arbitration. 627.605 Special Federal review of SDA and SSG-level complaints without decision. 627.606 Grant officer resolution. 627.607 Grant Officer resolution of Governor's failure to promptly take action. Subpart G—Sanctions for Violations of the Act 627.700 Scope and purpose. 627.702 Sanctions and corrective actions. 627.703 Failure to comply with procurement provisions. 627.704 Process for waiver of State liability. 627.706 Process for advance approval of a recipient's contemplated corrective actions. 627.708 Offset process. Subpart H—Hearings by the Office of Administrative Law Judges 627.800 Scope and purpose. 627.801 Procedures for filing request for hearing. 627.802 Rules of procedure. 627.803 Relief. 627.804 Timing of decisions. 627.805 Alternative dispute resolution. 627.806 Other authority. Subpart I—Transition Provisions 627.900 Scope and purpose. 627.901 Transition period. 627.902 Governor's actions. 627.903 Actions which are at the discretion of the Governor. 627.904 Transition and implementation. 627.905 Guidance on contracts and other agreements. 627.906 Determinations on State and SDA implementation. PART 628—PROGRAMS UNDER TITLE II OF THE JOB TRAINING PARTNERSHIP ACT Subpart A—Scope and Purpose 628.100 Scope and purpose of part 628. Subpart B—State Planning 628.200 Scope and purpose. 628.205 Governor's coordination and special services plan. 628.210 State Job Training Coordinating Council. 628.215 State Human Resource Investment Council. Subpart C—State Programs 628.300 Scope and purpose. 628.305 State distribution of funds. 628.310 Administration. 628.315 Education coordination and grants. 628.320 Services for older individuals. 628.325 Incentive grants, capacity building and technical assistance. Subpart D—Local Service Delivery System 628.400 Scope and purpose. 628.405 Service delivery areas. 628.410 Private Industry Council. 628.415 Selection of SDA grant recipient and administrative entity. 628.420 Job training plan. 628.425 Review and approval. 628.426 Disapproval or revocation of the plan. 628.430 State SDA submission. Subpart E—Program Design Requirements for Programs Under Title II of the Job Training Partnership Act 628.500 Scope and purpose. 628.505 Eligibility. 628.510 Intake, referrals, and targeting. 628.515 Objective assessment. 628.520 Individual service strategy. 628.525 Limitations. 628.530 Referrals of participants to non-title II programs. 628.535 Limitations on job search assistance. 628.540 Volunteer program. 628.545 Linkages and coordination. 628.550 Transfer of funds. Subpart F—The Adult Program 628.600 Scope and purpose. 628.605 Eligibility. 628.610 Authorized services. Subpart G—The Summer Youth Employment and Training Program 628.700 Scope and purpose. 628.701 Program goals and objectives. 628.702 Enriched Educational Component. 638.703 Private Sector Summer Jobs. 628.704 Eligibility. 628.705 SYETP authorized services. 628.710 Period of program operation. Subpart H—Youth Training Program 628.800 Scope and purpose. 628.803 Eligibility. 628.804 Authorized services. PARTS 629–630 [Reserved] PART 631—PROGRAMS UNDER TITLE III OF THE JOB TRAINING PARTNERSHIP ACT Subpart A—General Provisions 631.1 Scope and purpose. 631.2 Definitions. 631.3 Participant eligibility. 631.4 Approved training rule. Subpart B—Additional Title III Administrative Standards and Procedures 631.11 Allotment and obligation of funds by the Secretary. 631.12 Reallotment of funds by the Secretary. 631.13 Classification of costs at State and substate levels. 631.14 Limitations on certain costs. 631.15 Federal reporting requirements. 631.16 Complaints, investigations, and penalties. 631.17 Federal monitoring and oversight. 631.18 Federal by-pass authority. 631.19 Appeals. Subpart C—Needs-Related Payments 631.20 Needs-related payments. Subpart D—State Administration 631.30 Designation or creation and functions of a State dislocated worker unit or office and rapid response assistance. 631.31 Monitoring and oversight. 631.32 Allocation of funds by the Governor. 631.33 State procedures for identifying funds subject to mandatory Federal reallotment. 631.34 Designation of substate areas. 631.35 Designation of substate grantees. 631.36 Biennial State plan. 631.37 Coordination activities. 631.38 State by-pass authority. Subpart E—State Programs 631.40 State program operational plan. 631.41 Allowable State activities. Subpart F—Substate Programs 631.50 Substate plan. 631.51 Allowable substate program activities. 631.52 Selection of service providers. 631.53 Certificate of continuing eligibility. Subpart G—Federal Delivery of Dislocated Worker Services Through National Reserve Account Funds 631.60 General. 631.61 Application for funding and selection criteria. 631.62 Cost limitations. 631.63 Reporting. 631.64 General Administrative Requirements. 631.65 Special Provisions for CAETA and DDP. Subpart H [Reserved] Subpart I—Disaster Relief Employment Assistance 631.80 Scope and Purpose. 631.81 Availability of funds. 631.82 Substate allocation. 631.83 Coordination. 631.84 Allowable projects. 631.85 Participant eligibility. 631.86 Limitations on disaster relief employment. 631.87 Definitions. PART 632—INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS Subpart A—Introduction 632.1 [Reserved] 632.2 Scope and purpose. 632.3 Format for these regulations. 632.4 Definitions. Subpart B—Designation Procedures for the Native American Grantees 632.10 Eligibility requirements for designation as a Native American grantee. 632.11 Designation of Native American grantees. 632.12 Alternative arrangements for the provision of services, nondesignation. 632.13 Review of denial of designation as a Native American grantee, or rejection of a comprehensive annual plan. Subpart C—Program Planning, Application and Modification Procedures 632.17 Planning process. 632.18 Regional and national planning meetings. 632.19 Grant application content. 632.20 Submission of grant applications. 632.21 Application disapproval. 632.22 Modification of a Comprehensive Annual Plan (CAP) and/or Master Plan. 632.23 Termination and corrective action of a CAP and/or Master Plan. Subpart D—Administrative Standards and Procedures 632.31 General. 632.32 Financial management systems. 632.33 Audits. 632.34 Program income. 632.35 Native American grantee contracts and subgrants. 632.36 Procurement standards. 632.37 Allowable costs. 632.38 Classification of costs. 632.39 Administrative cost plan. 632.40 Administrative staff and personnel standards. 632.41 Reporting requirements. 632.42 Grant closeout procedures. 632.43 Reallocation of funds. 632.44 Sanctions for violation of the Act. Subpart E—Program Design and Management 632.70 Waiver of regulations under parts 632 and 636. 632.75 General responsibilities of Native American grantees. 632.76 Program management systems. 632.77 Participant eligibility determination. 632.78 Training activities. 632.79 Employment activities. 632.80 Other activities. 632.81 Payments to participants. 632.82 Benefits and working conditions for participants. 632.83 FICA. 632.84 Non-Federal status of participants. 632.85 Participant limitations. 632.86 Nondiscrimination and nonsectarian activities. 632.87 Equitable provision of services to the eligible population and significant segments. 632.88 General responsibilities of the Department. 632.89 Performance standards. Subpart F—Prevention of Fraud and Program Abuse 632.115 General. 632.116 Conflict of interest. 632.117 Kickbacks. 632.118 Nepotism. 632.119 Political patronage. 632.120 Political activities. 632.121 Lobbying activities. 632.122 Unionization and antiunionization activities; work stoppages. 632.123 Maintenance of effort. 632.124 Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations and other criminal provisions. 632.125 Responsibilities of Native American grantees, subgrantees and contractors for preventing fraud and program abuse and for general program management. Subpart G [Reserved] Subpart H—Job Training Partnership Act Programs Under Title IV, Section 401 632.170 Eligibility for funds. 632.171 Allocation of funds. 632.172 Eligibility for participation in Title IV, Section 401. 632.173 Allowable program activities. 632.174 Administrative costs. Subpart I—Summer Youth Employment and Training Programs 632.250 General. 632.251 Eligibility for funds. 632.252 Allocation of funds. 632.253 Special operating provision. 632.254 Program startup. 632.255 Program planning. 632.256 Submission of applications. 632.257 Eligibility for participation. 632.258 Allowable activities. 632.259 Vocational exploration program. 632.260 Worksite standards. 632.261 Reporting requirements. 632.262 Termination date for the summer program. 632.263 Administrative costs. PART 633—MIGRANT AND SEASONAL FARMWORKER PROGRAMS Subpart A—Introductory Provisions 633.102 Scope and purpose of Title IV, Section 402 programs. 633.103 Format for these regulations. 633.104 Definitions. 633.105 Allocation of funds. 633.106 Eligibility for allocable funds. 633.107 Eligibility for participation in Section 402 programs. Subpart B—Grant Planning and Application Procedures 633.201 Grant planning and application procedures in general. 633.202 Announcement of State planning estimates and invitation to submit a grant application. 633.203 Review of funding request. 633.204 Responsibility review. 633.205 Notification of selection. Subpart C—Program Design and Administrative Procedures 633.301 General responsibilities. 633.302 Training activities and services. 633.303 Allowable costs. 633.304 Section 402 cost allocation. 633.305 General benefits and working conditions for program participants. 633.306 Retirement benefits. 633.307 Packages of benefits. 633.308 Non-Federal status of participants. 633.309 Recordkeeping requirements. 633.310 Bonding. 633.311 Management information systems. 633.312 Grantee contracts and subgrants. 633.313 Administrative staff and personnel standards. 633.314 Reports required. 633.315 Replacement, corrective action, termination. 633.316 Closeout procedures. 633.317 Reallocation of funds. 633.318 Nondiscrimination and nonsectarian activities. 633.319 Lobbying, political activities and unionization. 633.320 Nepotism. 633.321 Performance standards for Section 402 programs. 633.322 Sanctions for violation of the Act. PART 634—LABOR MARKET INFORMATION PROGRAMS UNDER TITLE IV, PART E OF THE JOB TRAINING PARTNERSHIP ACT Comprehensive Labor Market Information System 634.1 General. 634.2 Availability of funds. 634.3 Eligible recipients. 634.4 Statistical standards. 634.5 Federal oversight. PART 635 [RESERVED] PART 636—COMPLAINTS, INVESTIGATIONS, AND HEARINGS 636.1 Scope and purpose. 636.2 Protection of informants. 636.3 Complaint and hearing procedures at the grantee level. 636.4 Grievance procedures at the employer level. 636.5 Exhaustion of grantee level procedure. 636.6 Complaints and investigations at the Federal level. 636.7 Subpoenas. 636.8 Initial and final determination; request for hearing at the Federal level. 636.9 Opportunity for informal review. 636.10 Hearings before the Office of Administrative Law Judges. 636.11 Final action. PART 637—PROGRAMS UNDER TITLE V OF THE JOB TRAINING PARTNERSHIP ACT Subpart A—General Provisions Sec. 637.100 Scope and purpose. 637.105 Definitions. Subpart B—Program Planning and Operation 637.200 Allotments to States. 637.205 Notice of intent to participate. 637.210 Incentive bonus program applications. 637.215 Review and approval of applications for incentive bonus payments. 637.220 Eligibility criteria for individuals to be counted in determining incentive bonuses. 637.225 Determination of incentive bonus. 637.230 Use of incentive bonuses. Subpart C—Additional Title V Administrative Standards and Procedures 637.300 Management systems, reporting and recordkeeping. 637.305 Federal monitoring and oversight. 637.310 Audits. Subpart D—Data Collection [Reserved] PART 638—JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT Subpart A—Purpose and Scope 638.100 General. Subpart B—Definitions 638.200 Definitions. Subpart C—Funding, Site Selection, and Facilities Management 638.300 Eligibility for funds and eligible deliverers. 638.301 Funding procedures. 638.302 Center performance measurement. 638.303 Site selection and facilities management. 638.304 Historical preservation. 638.305 Capital improvements. 638.306 Protection and maintenance of contract center facilities owned or leased by Job Corps. 638.307 Facilities surveys. Subpart D—Enrollment, Transfers, Terminations, and Placements in the Job Corps 638.400 Eligibility for participation. 638.401 Outreach and screening of participants. 638.402 Enrollment by readmission. 638.403 Selective service. 638.404 Transfers. 638.405 Extensions of enrollment. 638.406 Federal status of students. 638.407 Terminations. 638.408 Transportation. 638.409 Placement and job development. Subpart E—Center Operations 638.500 Orientation program. 694.501 Student handbook. 638.502 Job Corps basic education program. 638.503 Vocational training. 638.504 Occupational exploration programs. 638.505 Scheduling of training. 638.506 Purchase of vocational supplies and equipment. 638.507 Work experience. 638.508 Sale of services or objects. 638.509 Leisure-time employment. 638.510 Health care and services. 638.511 Drug use and abuse. 638.512 Sexual behavior and harassment. 638.513 Death. 638.514 Residential support services. 638.515 Recreation/avocational program. 638.516 Laundry, mail, and telephone service. 638.517 Counseling. 638.518 Intergroup relations program. 638.519 Incentives system. 638.520 Student government and leadership program. 638.521 Student welfare associations. 638.522 Evaluation of student progress. 638.523 Food service. 638.524 Allowances and allotments. 638.525 Clothing. 638.526 Tort and other claims. 638.527 Federal employees' compensation. 638.528 Social Security. 638.529 Income taxes. 638.530 Emergency use of personnel, equipment, and facilities. 638.531 Limitations on the use of students in emergency projects. 638.532 Annual leave. 638.533 Other student absences. 638.534 Legal services to corpsmembers. 638.535 Voting rights. 638.536 Religious rights. 638.537 Disclosure of information. 694.538 Disciplinary procedures and appeals. 638.539 Complaints and disputes. 638.540 Cooperation with agencies and institutions. 638.541 Job Corps training opportunities. 638.542 Child care services. 638.543 Community relations program. Subpart F—Applied Vocational Skills Training (VST) 638.600 Applied vocational skills training (VST) through work projects. 638.601 Applied VST budgeting. Subpart G—Experimental, Research, and Demonstration Projects 638.710 Experimental, research, and demonstration projects. Subpart H—Administrative Provisions 638.800 Program management. 638.801 Staff training. 638.802 Student records management. 638.803 Safety. 638.804 Environmental health. 638.805 Security and law enforcement. 638.806 Property management and procurement. 638.807 Imprest and petty cash funds. 638.808 Center financial management and reporting. 638.809 Audit. 638.810 Reporting requirements. 638.811 Review and evaluation. 638.812 State and local taxation of Job Corps deliverers. 638.813 Nondiscrimination, nonsectarian activities. 638.814 Lobbying; political activities; unionization. 638.815 Charging fees. [59 FR 45815, Sept. 2, 1994, as amended at 60 FR 58229, Nov. 27, 1995] In addition to the definitions contained in section 4 of the Act, the following definitions of terms used in the Act or parts 626–631 of this chapter apply as appropriate to programs under titles I, II, and III of the Act: Accrued expenditures means charges made to the JTPA program. Expenditures are the sum of actual cash disbursements, the amount of indirect expense incurred, and the net increase (or decrease) in the amounts owed by the recipient for the goods and other property received, for services performed by employees, contractors, subgrantees, subcontractors, and other payees, and other amounts becoming owed under programs for which no current services or performance are required, such as annuities, insurance claims, and other benefit payments. Act means the Job Training Partnership Act. ALJ means an administrative law judge in the Office of Administrative Law Judges of the U.S. Department of Labor. Awarding agency means: (1) With respect to a grant, the Department of Labor; and (2) with respect to a subgrant or contract, the party that awarded the subgrant or contract. Capacity building means the systematic improvement of job functions, skills, knowledge, and expertise of the personnel who staff and administer employment and training and other closely related human service systems. Capacity building is designed to enhance the effectiveness, to strengthen the caliber of customer services provided under the Act and other Federal, State, and local employment and training programs, and improve coordination among them. Capacity building includes curriculum development, appropriate training, technical assistance, staff development, and other related activities. Chief elected official (CEO) means the official or officials, or their representatives, of the jurisdiction or jurisdictions which requested designation by the Governor as a service delivery area. Commercial organizations means private for-profit entities. Commercially available off-the-shelf training package means a training package sold or traded to the general public in the course of normal business operations, at prices based on established catalog or market prices. To be considered as “sold to the general public,” the package must be regularly sold in sufficient quantities to constitute a real commercial market to buyers that must include other than JTPA programs. The package must include performance criteria pertaining to the delivery of the package which may include participant attainment of knowledge, skills or a job. Contractor means the organization, entity, or individual that is awarded a procurement contract under the recipient's or subrecipient's procurement standards and procedures. Cost means accrued expenditure. Department means the U.S. Department of Labor. DOL means the U.S. Department of Labor. ETA means the Employment and Training Administration of the U.S. Department of Labor. Family is defined at section 4(34) of the Act. An “individual with a disability” shall, for the purposes of income eligibility determination, be considered to be an unrelated individual who is a family unit of one, consistent with the definition of “economically disadvantaged” at section 4(8) of the Act. The Governor may provide interpretations of the term “family” related to how “dependent children” are defined for programs within a State, consistent with the Act, and all applicable rules and regulations, and State or local law. Such interpretations by the Governor may address the treatment of certain individuals who may need to be viewed discretely in the income eligibility determination process, such as runaways, emancipated youth, and court adjudicated youth separated from the family. The phrase “living in a single residence” with other family members includes temporary, voluntary residence elsewhere (e.g., attending school or college, or visiting relatives). It does not include involuntary temporary residence elsewhere (e.g., incarceration, or placement as a result of a court order). Family income means “income” as defined by the Department of Health and Human Services in connection with the annual poverty guidelines. Such income shall not include unemployment compensation, child support and public assistance (including Aid to Families with Dependent Children, Supplemental Security Income, Emergency Assistance money payments, and non-federally funded General Assistance or General Relief money payments), as provided for at section 4(8) of the Act. In addition, such income shall also exclude foster child care payments, educational financial assistance received under title IV of the Higher Education Act (20 U.S.C. 1087), as amended by section 479(B) of the Higher Education Act Amendments of 1992), needs-based scholarship assistance, and income earned while on active military duty and other benefit payments specified at 38 U.S.C. 4213, items (1) and (3). The Governor may, for the purposes of determining income eligibility for services to older individuals under section 204(d)(5) of the Act, exclude up to 25 percent of Social Security and Old Age Survivors' Insurance benefit payments under title II of the Social Security Act, (42 U.S.C., section 401, et seq.) from the definition of family income. In addition, when a Federal statute specifically provides that income or payments received under such statute shall be excluded in determining eligibility for and the level of benefits received under any other federal statute, such income or payments shall be excluded in JTPA eligibility determinations. Funding period means the period of time when JTPA funds are available for expenditure. Unless a shorter period of time is specified in a title III discretionary award, the JTPA funding period is the 3-year period specified in JTPA section 161(b); the program year in which Federal funds are obligated to the recipient, and the two succeeding program years. Governor means, in addition to the definition at section 4(9) of the Act, the recipient of JTPA funds awarded to the State under titles I through III. Grant means an award of JTPA financial assistance by the U.S. Department of Labor to an eligible JTPA recipient. (Also, see §§627.405 and 627.430 of these regulations). Grantee means the recipient. Individual service strategy (ISS) is defined in §628.520 of this chapter. Job search assistance (also including job search skills training and job club activities) means the provision of instruction and support to a participant to give the participant skills in acquiring full time employment. The services provided may include, but are not limited to, resume writing, interviewing skills, labor market guidance, telephone techniques, information on job openings, and job acquisition strategies, as well as the provision of office space and supplies for the job search. Job Training Partnership Act means Public Law (Pub. L.) 97–300, as amended, 29 U.S.C. 1501, et seq. JTPA means the Job Training Partnership Act. Nontraditional employment, as applied to women, means occupations or fields of work where women comprise less than 25 percent of the individuals employed in such occupation or field of work as provided periodically by the Department in the OALJ means the Office of Administrative Law Judges of the U.S. Department of Labor. Obligations means the amounts of orders placed, contracts and subgrants awarded, goods and services received, and similar transactions during a funding period that will require payment by the recipient or subrecipient during the same or a future period. OIG means the Office of Inspector General of the U.S. Department of Labor. PIC means a private industry council. Participant means an individual who has been determined to be eligible to participate in and who is receiving services (except post-termination services authorized under sections 204(c)(4) and 264(d)(5) and followup services authorized under section 253(d)) under a program authorized by the JTPA. Participation shall be deemed to commence on the first day, following determination of eligibility, on which the participant began receiving subsidized employment, training, or other services provided under the JTPA. (section 4(37)). Program year means the 12-month period beginning July 1 of the indicated year. Recipient means the entity to which a JTPA grant is awarded directly from the Department of Labor to carry out the JTPA program. The recipient is the entire legal entity that received the award and is legally responsible for carrying out the JTPA program, even if only a particular component of the entity is designated in the grant award document. For JTPA grants under titles I, II and III, except for certain discretionary grants awarded under title III, part B, the State is the recipient. SDA means a service delivery area designated by the Governor pursuant to section 101(a)(4) of the Act. As used in these regulations, SDA may also refer to the entity that administers the JTPA program within the designated area. SDA grant recipient means the entity that receives JTPA funds for a service delivery area directly from the recipient. Secretary means the Secretary of Labor, U.S. Department of Labor, or his or her designee. Section, as used in this chapter, means a section of the Act unless the text specifically indicates otherwise. Service provider means a public agency, private nonprofit organization, or private-for-profit entity that delivers educational, training, employment or supportive services to JTPA participants. Awards to service providers may be made by subgrant, contract, subcontract, or other legal agreement. Stand-in costs means costs paid from non-Federal sources that a recipient proposes to substitute for Federal costs that have been disallowed as a result of an audit or other review. In order to be considered as valid substitutions, the costs (1) shall have been reported by the grantee as uncharged program costs under the same title and in the same program year in which the disallowed costs were incurred (2) shall have been incurred in compliance with laws, regulations, and contractual provisions governing JTPA, and (3) shall not result in a violation of the applicable cost limitations. State is defined at section 4(22) of the Act. For cash payment purposes, the definition of “State” contained in the Department of the Treasury regulations at 31 CFR 205.3 shall apply to JTPA programs. State council means the State Job Training Coordinating Council (SJTCC) or, in a State with a Human Resource Investment Council (HRIC) pursuant to §628.215 of this chapter, the HRIC. Subgrant means an award of JTPA financial assistance in the form of money, or property in lieu of money, made under a grant by a recipient to an eligible subrecipient. It also means a subgrant award of JTPA financial assistance by a subrecipient to a lower tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include procurement purchases from vendors nor does it include any form of assistance received by program participants. Subgrantee means a subrecipient. Subrecipient means the legal entity to which a subgrant is awarded and which is accountable to the recipient (or higher tier subrecipient) for the use of the funds provided. For JTPA purposes, distinguishing characteristics of a subrecipient include items such as determining eligibility of applicants, enrollment of participants, performance measured against meeting the objectives of the program, responsibility for programmatic decisionmaking, responsibility for compliance with program requirements, and use of the funds awarded to carry out a JTPA program or project, as compared to providing goods or services for a JTPA program or project (vendor). Depending on local circumstances, the PIC, local elected official, or administrative entity may be a subrecipient. SDA grant recipients and JTPA title III substate grantees are particular types of subrecipients. Substate grantee (SSG) means that agency or organization selected to administer programs pursuant to section 312(b) of the Act. The substate grantee is the entity that receives JTPA title III funds for a substate area directly from the Governor. Technical assistance is a facet of capacity building which may include but is not limited to information sharing, dissemination and training on program models and job functions; peer-to-peer networking and problem solving; guides; and interactive communication technologies. Title, as used in this chapter, means a title of the Act, unless the text of the regulation specifically indicates otherwise. Vendor means an entity responsible for providing generally required goods or services to be used in the JTPA program. These goods or services may be for the recipient's or subrecipient's own use or for the use of participants in the program. Distinguishing characteristics of a vendor include items such as: Providing the goods and services within normal business operations; providing similar goods or services to many different purchasers, including purchasers outside the JTPA program; and operating in a competitive environment. A vendor is not a subrecipient and does not exhibit the distinguishing characteristics attributable to a subrecipient, as defined above. Any entity directly involved in the delivery of program services not available to the general public, with the exception of an employer providing on-the-job training, shall be considered a subrecipient rather than a vendor. Wagner-Peyser Act means 29 U.S.C. 49, et seq. [59 FR 45815, Sept. 2, 1994, as amended at 61 FR 19983, May 3, 1996]
Title 20: Employees' Benefits
PART 626—INTRODUCTION TO THE REGULATIONS UNDER THE JOB TRAINING PARTNERSHIP ACT
Section Contents
§ 626.1 Scope and purpose of the Job Training Partnership Act.
§ 626.2 Format of the Job Training Partnership Act regulations.
§ 626.3 Purpose, scope, and applicability of the Job Training Partnership Act regulations.
§ 626.4 Table of contents for the Job Training Partnership Act regulations.
§ 626.5 Definitions.
§ 626.1 Scope and purpose of the Job Training Partnership Act.
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§ 626.2 Format of the Job Training Partnership Act regulations.
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§ 626.3 Purpose, scope, and applicability of the Job Training Partnership Act regulations.
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§ 626.4 Table of contents for the Job Training Partnership Act regulations.
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§ 626.5 Definitions.
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