Title 20--EMPLOYEES' BENEFITS
Chapter V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR


Grant Purposes Sec. 601.1 General. Subpart A_Approval, Certification and Findings With Respect to State Laws and Plans of Operation...


Grant Purposes Sec. 601.2 Approval of State unemployment compensation laws. States may at their option submit their unemployment compensation laws...


Grant Purposes Sec. 601.3 Findings with respect to State laws and plans of operation. For purposes of grants, findings are made regarding the inclusion...


Grant Purposes Sec. 601.4 Certification for tax credit. (a) Within 30 days after submittal of a State unemployment compensation law for such purpose,...


Grant Purposes Sec. 601.5 Withholding payments and certifications. (a) When withheld. Payment of funds to States or yearend certification of State...


Grants of funds for administration of State unemployment insurance and public employment service programs are made to States under section 302(a) of the Social Security Act,...


have been directed by the Congress (title II of the Labor-Federal Security Agency Appropriation Act, 1950) to prescribe a mutually satisfactory procedure whereby...


(i), 41 CFR 29-70.207-3, and 41 CFR 29-70.207-4 shall apply with respect to employment service and unemployment insurance programs. [46 FR 7766, Jan. 23,...


Subpart A_General Provisions Sec. 602.1 Purpose. 602.2 Scope. Subpart B_Federal Requirements 602.10 Federal...


approved by the Secretary under the Federal Unemployment Tax Act (section 3304 of the Internal Revenue Code of 1954, 26 U.S.C. section 3304), to the administration of...


(a) Section 303(a)(1) of the Social Security Act (SSA), 42 U.S.C. 503(a)(1), requires that a State law include provision for: Such methods of administration . . . as are found...


Secretary interprets section 303(a)(1), SSA, to require that a State law provide for such methods of administration as will reasonably ensure the prompt and full payment...


establish a QC unit independent of, and not accountable to, any unit performing functions subject to evaluation by the QC unit. The organizational location of this unit shall...


Each State shall: (a) Perform the requirements of this section in accordance with instructions issued by the Department, pursuant to Sec. 602.30(a) of this part, to...


that the QC program, or any constituent part of the QC program, is not necessary for the proper and efficient administration of a State law or in the Department's view is...


establish required methods and procedures (as specified in Sec. 602.21 of this part); and provide technical assistance as needed on the QC process. (b) The...


review QC operational procedures and samples, [[Page 23]] and validate QC methodology to ensure uniformity in the administration of the QC program and to...


use established procedures to notify States of the availability of funds for the operation of QC programs in accordance with this part. (b) The Department may...


funds. The Secretary may, after reasonable notice and opportunity for hearing to the State agency, take exception to and require repayment of an expenditure for...


program. Any State which the Secretary finds, after reasonable notice and opportunity for hearing, has not implemented or maintained a QC program in accordance...


error rates. Neither sanctions nor funding incentives shall be used by the Department to influence the achievement of specified error rates in State...


Eligibility condition for claimants. 603.4 Notification to claimants. 603.5 Disclosure of information. 603.6 Agreement between State...


(a) State unemployment compensation agency means the agency charged with the administration of the unemployment compensation law approved by the Secretary of Labor under...


compensation agency shall require, as a condition of eligibility for unemployment benefits, that each claimant for benefits furnish to the agency his/her social security...


the time of filing an initial claim for benefits through a written statement on or provided with the initial claim form and periodically thereafter that information...


agency will disclose to authorized requesting agencies, as defined in Sec. 603.2(d), which have entered into an agreement in accordance with this part, wage and...


agency. (a) The State unemployment compensation agency will enter into specific written agreements with any requesting agency as defined in this part. ...


agencies shall require requesting agencies receiving information under this part to comply with the following measures to protect the confidentiality of the...


information. (a) The State unemployment compensation agency shall obtain such information from the Social Security administration and any requesting agency as may...


A rule is May 29, 1986, after consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, may by waiver grant a delay in this effective...


a State report quarterly wage information to a State agency (which may be the State unemployment compensation agency), is effective September 30, 1988...


the Secretary of Health and Human Services and the Secretary of Agriculture) may waive the provision that employers in a State are required to make quarterly wage reports to...


Subpart A_General Sec. 606.1 Purpose and scope. 606.2 Total credits allowable. 606.3...


The total credits allowed to an employer subject to the tax imposed by section 3301 of the Federal Unemployment Tax Act shall not exceed 5.4 percent with respect...


For the purposes of the Acts cited and this part-- (a) Act means as appropriate the Federal Unemployment Tax Act (26 U.S.C. 3301-3311), or title XII of the Social...


(a) Redelegation to UIS Director. The Director, Unemployment Insurance Service (hereinafter ``UIS Director''), is redelegated authority to make the...


and review of determinations. The Department of Labor (hereinafter ``Department'') shall verify all information and data provided by a State under this part, and...


and studies. A State shall furnish to the Secretary of Labor such information and reports and conduct such studies as the Secretary determines are necessary...


tax credit reduction. (a) Applicability. Subsection (f) of section 3302 of FUTA authorizes a limitation (cap) on the reduction of tax credits by reason of...


Criteria for cap. (a) Reduction in unemployment tax effort. (1) For purposes of paragraph (a)(1) of Sec. 606.20, a reduction in a State's unemployment tax effort will...


Application for cap. (a) Application. (1) The Governor of the State shall make application, addressed to the Secretary of Labor, no later than July 1 of a taxable year...


Avoidance of tax credit reduction. (a) Applicability. Subsection (g) of section 3302 of FUTA authorizes a State to avoid a tax credit reduction for a taxable year by...


avoidance. (a) Application. (1) The Governor of the State shall make application, addressed to the Secretary of Labor, no later than July 1 of a taxable...


and substitution for additional tax credit reduction. A provision of subsection (c)(2) of section 3302 of FUTA provides that, for a State that qualifies, the additional...


Application for waiver and substitution. (a) Application. The Governor of the State shall make application addressed to the Secretary of Labor, no later than July 1 of a...


on advances. Advances made to States pursuant to title XII of the Social Security Act on or after April 1, 1982, shall be subject to interest payable on the...


subject to interest. (a) Payment of interest. Except as otherwise provided in paragraph (b) of this section each State shall pay interest on any advance made to...


Subsection (b)(3)(B) of section 1202 of the Social Security Act permits a State to delay payment of interest accrued on advances made during the...


unemployment deferral. (a) Applicability. Subsection (b)(3)(C) of section 1202 of the Social Security Act permits a State to defer payment of, and extend the payment...


delay. (a) Applicability. Paragraph (9) of section 1202 (b) of the Social Security Act permits a State to delay for a period not exceeding nine months...


of solvency effort. (a) Applicability. Legislative-action interest deferrals obtained under subsection (b)(8) (A) through (C) of section 1202 of the Social...


determinations. The UIS Director will make determinations under Sec. Sec. 606.41, 606.42, and 606.43 on or before September 10 of the taxable year, will...


Subpart A_General Provisions Sec. 609.1 Purpose and application. 609.2 Definitions of terms. Subpart B_Administration of...


Act and this part: (a) Act means subchapter I of chapter 85, title 5, United States Code, 5 U.S.C. 8501-8508. (b) Agreement means the agreement entered into pursuant to...


An individual shall be eligible to receive a payment of UCFE or to waiting period credit with respect to a week of unemployment if: (a) The individual has Federal civilian service...


unemployment. The weekly amount of UCFE payable to an eligible individual for a week of total unemployment shall be the amount that would be payable to the individual...


for UCFE shall be filed by an individual in any State agency of any State (or Canada) according to the applicable State law, and on a form prescribed by the Department...


(a) Determination of first claim. The State agency whose State law applies to an individual under Sec. 609.8 shall, promptly upon the filing of a first claim for...


The provisions of the applicable State law concerning the right of appeal and fair hearing from a determination or redetermination of entitlement to State unemployment...


(a) The applicable State. The applicable State for an individual shall be the State to which the individual's Federal civilian service and Federal wages are assigned or...


(a) Particular provisions applicable. Except where the result would be inconsistent with the provisions of the Act or this part or the procedures thereunder prescribed by...


the week of unemployment for which an individual claims UCFE is a week to which a disqualification for State unemployment compensation applies under the applicable...


(a) False statements and representations. Section 8507(a) of the Act provides that if a State agency, the Department, or a court of competent jurisdiction finds that an individual-- ...


provided in this part, the rights of individuals to UCFE shall be protected in the same manner and to the same extent as the rights of persons to State...


(a) Recordkeeping. Each State agency will make and maintain records pertaining to the administration of the UCFE Program as the Department requires, and will make all such...


State is entitled to be paid by the United States [[Page 50]] with respect to each individual whose base period wages included Federal wages, an...


of a State will make available to any individual or organization a true copy of the Agreement with the State for inspection and copying. Copies of an Agreement may be furnished...


(a) Administering Program. The Department shall administer the UCFE Program through personnel of the Department or through other arrangements under procedures prescribed by...


shall furnish to the Department such information and reports and conduct such studies as the Department determines are necessary or appropriate for carrying out the...


Each Federal agency shall: (a) Furnish information to its employees as to their rights and responsibilities under the UCFE Program and 18 U.S.C. 1919; and ...


Within four workdays after receipt from a State agency of a request for Federal findings on a form furnished by the State agency, and prescribed by the Department,...


agency ascertains at any time within one year after it has returned a completed form reporting its findings, that any of its findings were erroneous, it shall promptly correct...


On receipt of a request for additional information from a State agency, a Federal agency shall consider the information it supplied initially in connection with such request and...


On receipt of a request for reconsideration of Federal findings from a State agency, the Federal agency shall consider the initial information supplied in connection with such...


Information. In addition to the information required by Sec. Sec. 609.21, 609.22, 609.23, and 609.24, a Federal agency shall furnish to a State agency or the Department,...


Department's administration of the UCFE Program, each Federal agency shall designate one or more of its officials to be the liaison with the Department. Each Federal agency...


Subpart A_General Provisions Sec. 614.1 Purpose and application. 614.2 Definitions of terms. Subpart B_Administration of UCX...


(a) Act means subchapter II of chapter 85 of title 5 of the United States Code, 5 U.S.C. 8521-8525. (b) Agreement means the Agreement entered into pursuant to 5...


be eligible to receive a payment of UCX or waiting period credit with respect to a week of unemployment if: (a) The individual has Federal military service and Federal...


weekly amount of UCX payable to an eligible individual for a week of total unemployment shall be the amount that would be payable to the individual as unemployment...


shall be filed by an individual in any State agency of any State according to the applicable State law, and on a form prescribed by the Department which shall be furnished to...


agency. (a) Determinations of first claim. Except for findings of a Federal military agency and the applicable Schedule of Remuneration which are final...


of the applicable State law concerning the right of appeal and fair hearing from a determination or redetermination of entitlement to State unemployment...


The applicable State for an individual shall be the State to which the individual's Federal military service and Federal military wages are assigned or transferred under...


(a) Particular provisions applicable. Except where the result would be inconsistent with the provisions of the Act or this part or the procedures thereunder prescribed by the...


the week of unemployment for which an individual claims UCX is a week to which a disqualification for State unemployment compensation applies under the applicable State law,...


representations. Section 8507(a) of the Act provides that if a State agency, the Department, or a court of competent jurisdiction finds that an individual-- ...


of chapter 85, title 5 of the United States Code, 5 U.S.C. 8521(a)(2), requires the Secretary of Labor to issue from time to time, after consultation with the Secretary...


this part, the rights of individuals to UCX shall be protected in the same manner and to the same extent as the rights of persons to State unemployment compensation...


State agency will make and maintain records pertaining to the administration of the UCX Program as the Department requires, and will make all such records available...


entitled to be paid by the United States with respect to each individual whose base period wages included Federal military wages, an amount bearing the same ratio to the...


will make available to any individual or organization a true copy of the Agreement with the State for inspection and copying. Copies of an Agreement may be furnished on request...


program. The Department shall administer the UCX Program through personnel of the Department or through other arrangements under procedures prescribed by the Department,...


furnish to the Department such information and reports and conduct such studies as the Department determines are necessary or appropriate for carrying out the purposes of the...


ex-servicemembers. At the time of discharge or release from Federal military service, each Federal military agency shall furnish to each...


Federal military agency. (a) Findings in military documents. Information contained in a military document furnished to an ex-servicemember shall constitute findings...


findings. (a) Request for correction. (1) If an individual believes that a finding specified in Sec. 614.21 is incorrect or that information as to any...


findings. The findings of a Federal military agency referred to in Sec. Sec. 614.21 and 614.22, and the Schedules of Remuneration issued by the Department pursuant...


information. (a) Additional information. In addition to the information required by Sec. Sec. 614.21 and 614.22, a Federal military agency shall furnish to a...


information. (a) Additional information. In addition to the information required by Sec. Sec. 614.21 and 614.22, a Federal military agency shall furnish to a...
...


the program. 615.4 Eligibility requirements for Extended Benefits. 615.5 Definition of ``exhaustee.'' 615.6 Extended Benefits; weekly amount. 615.7 Extended Benefits;...


Unemployment Compensation Act of 1970'' (title II of Pub. L. 91-373; 84 Stat. 695, 708), approved August 10, 1970, as amended from time to time, including the...


part shall be a requirement for a State law effective on and after January 1, 1972, pursuant to section 3304(a)(11) of the Internal Revenue Code of 1986, (26 U.S.C....


Extended Benefits for a week of unemployment which begins in the individual's eligibility period if, with respect to such week, the individual is an exhaustee as defined in...


any week of unemployment in the individual's eligibility period: (i) Has received, prior to such week, all of the regular compensation that was payable under the...


payable to an individual for a week of total unemployment in the individual's eligibility period shall be the amount of regular compensation payable to the individual for...


be established for each individual determined to be eligible for Extended Benefits, in the [[Page 80]] sum of the maximum amount potentially payable to...


the result would be inconsistent with the provisions of the Act or this part, the terms and conditions of the applicable State law which apply to claims for, and the...


individual claims Extended Benefits is a week to which a disqualification for regular compensation applies, including a reduction because of the receipt of disqualifying...


the Internal Revenue Code of 1986 (26 U.S.C. 3303(a)(1)) does not require that Extended Benefits paid to an individual be charged to the experience rating accounts...


an Extended Benefit Period shall begin in a State on the first day of the third calendar week after a week for which there is a State ``on'' indicator in that State. ...


a State ``on'' indicator in a State for a week if the head of the State agency determines, in accordance with this section, that, for the period consisting of that week and...


Upon receipt of the notice required by Sec. 615.12(e) which is acceptable to the Department, the Department shall publish in the Federal Register a notice of the State...


of a State's report of its expenditures for a calendar month reimburse the State in the amount of the sharable compensation the State is entitled to receive under the Act...


reports and make such studies as the Secretary decides are necessary or appropriate for carrying out the purposes of the Act and this part. (b)...


State agencies. 616.3 Interstate cooperation. [[Page 92]] 616.4 Rules, regulations, procedures, forms--resolution of disagreements. 616.5...


consultation with the State unemployment compensation agencies. For purposes of such consultation in its formulation and any future amendment the Secretary recognizes,...


rules, regulations, and procedures as may be prescribed for the operation of this arrangement. Each State agency shall identify the paying and the transferring State with...


accordance with such rules, regulations, and procedures, and shall use such forms, as shall be prescribed by the Secretary in consultation with the State unemployment...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR616.5] [Page 92] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 616_INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES--Table of Contents Sec. 616.5 Effective date. This arrangement shall apply to all new claims (to establish a benefit year) filed under it after December 31, 1971. ...


effectuate it. (a) State. ``State'' includes the States of the United States of America, the District of Columbia, and the Commonwealth of Puerto Rico, and includes the...


unemployment compensation law of two or more States, whether or not he is monetarily qualified under one or more of them, may elect to file a Combined-Wage Claim. He may not...


State shall request the transfer of a Combined-Wage Claimant's employment and wages in all States during its base period, and shall determine his entitlement to...


promptly transfer to the Paying State the employment and wages the Combined-Wage Claimant had in covered employment during the base period of the paying State. Any...


of benefits which establishes a benefit year shall not thereafter be used by any State as the basis for another monetary determination...


shall propose such amendments to the arrangement as he believes are necessary or appropriate. Any State unemployment compensation agency or the ICESA may propose amendments to...


Subpart A_General Sec. 617.1 Scope. 617.2 Purpose. 617.3 Definitions. 617.4 Benefit information to workers. Subpart B_Trade...


adjustment assistance (hereafter referred to as TAA) to assist individuals, who became unemployed as a result of increased imports, return to suitable employment. The TAA...


and this part 617: (a) Act means chapter 2 of title II of the Trade Act of 1974, Pub. L. 93-618, 88 Stat. 1978, 2019-2030 (19 U.S.C. 2271-2322), as amended. (b)...


information to workers. State agencies shall provide full information to workers about the benefit allowances, training, and other employment services available under...


(a) Before and after certification. An individual covered under a certification or a petition for certification may apply to a State agency for TRA. A determination shall be made...


(a) Basic qualifying requirements for entitlement--(1) Prior to November 21, 1988. To qualify for TRA for any week of unemployment that begins prior to November 21, 1988,...


(a) State agency action. When an individual applies for TRA, the State agency having jurisdiction under Sec. 617.50(a) shall obtain information necessary to establish: ...


(a) Regular allowance. The amount of TRA payable for a week of total unemployment (including a week of training approved under subpart C of this part 617 or under the provisions of...


(a) General rule. Except as provided under paragraph (b) of this section, the maximum amount of TRA payable to an individual under a certification shall be the amount...


Basic weeks. An individual shall not be paid basic TRA for any week beginning after the close of the 104-week eligibility period (as defined in Sec. 617.3(m)(1)), which is applicable...


(a) What law governs. The applicable State law for any individual, for all of the purposes of this part 617, is the State law of the State-- (1) In which the individual is...


work. (a) Extended Benefit work test applicable. Except as provided in paragraph (b) of this section, an individual shall, as a basic condition of entitlement to basic...


law applies. Except as stated in paragraph (b) of this section and Sec. 617.55(b), an individual shall not be paid TRA for any week of unemployment the individual is or would...


training. (a) In general--(1) Basic requirement. (i) All individuals otherwise entitled to basic TRA, for all weeks beginning on and after November 21, 1988, must either...


services. (a) State agency referral. Cooperating State agencies shall be responsible for: (1) Advising each adversely affected worker to apply for...


Reemployment services and allowances shall include, as appropriate, the services and allowances as set forth in this section, provided that those services included within...


for approval. Training shall be approved for an adversely affected worker if the State agency determines that: (1) There is no suitable employment (which may...


(a) State agency responsibilities. If suitable employment as described in Sec. 617.22(a)(1), is not otherwise available to an individual or group of individuals, it...


that may be approved under Sec. 617.22(a) include, but are not limited to-- (a) On-the-job training, (b) Any training program provided by a State pursuant to Title...


of this part. The second sentence of amended section 236(a)(1) of the Act provides that an adversely affected worker shall be entitled to have payment of the costs...


(a) Liable State. The liable State means, for any individual, the State which administers the applicable State law (as determined under Sec. 617.16). The liable State...


trainee under this subpart C shall be afforded supplemental assistance necessary to pay costs of separate maintenance when the training facility is located outside...


A trainee under this subpart C shall be afforded supplemental assistance necessary to pay transportation expenses if the training is outside the commuting area, but may...


(a) Registration for employment. Adversely affected workers who have exhausted all rights to UI and who otherwise qualify for TRA under Sec. 617.11, shall, except as provided...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR617.30] [Page 127] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 617_TRADE ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE TRADE ACT OF 1974--Table of Contents Subpart D_Job Search Allowances Sec. 617.30 General. A job search allowance shall be granted an adversely affected worker to assist the individual in securing a job within the United States as provided in this subpart D. ...


job search allowances shall be filed in accordance with this subpart D and on forms which shall be furnished to individuals by the State agency. (b) Submittal....


search allowance eligibility requires: (1) A timely filed application; (2) Total separation from adversely affected employment at the time the job search commences; ...


liable State. Before final payment of a job search allowance may be approved, the following findings shall be made by the liable State: (1) The individual meets...


of a job search allowance shall be 90 percent of the total costs of each of the following allowable transportation and subsistence items: (1) Travel. The more cost...


Determinations. A State agency shall promptly make and record determinations necessary to assure entitlement of an individual to a job search allowance at any time, before or after...


be granted an adversely affected worker to assist the individual and the individual's family, if any, to relocate within the United States as stated in this subpart E....


a relocation allowance shall be filed in accordance with this subpart E and on forms which shall be furnished by the State agency. (b) Submittal. An application may...


for a relocation allowance requires: (1) A timely filed application; (2) Total separation from adversely affected employment at the time relocation commences; ...


considerations. In determining whether an individual's relocation is completed in a reasonable period of time, a State agency, among other factors, shall consider whether: ...


liable State. Before final payment of a relocation allowance may be approved, the following findings shall be made by the liable State: (1) The individual meets...


amount payable as a relocation allowance shall include the following items: (1) 90 percent of the travel expenses for the individual and family, if any, from the...


amount of travel allowance (including lodging and meals) payable under Sec. 617.45(a)(1) shall be 90 percent of the total costs of each of the following...


amount of a moving allowance payable under Sec. 617.45(a)(2) shall be 90 percent of the total of the allowable costs under either (1), (2), or (3) of this paragraph, and...


(a) Determinations. A State agency shall promptly make and record determinations necessary to assure an individual's entitlement to a relocation allowance at any time, before or after...


requirements. (1) A worker, after being separated from adversely affected employment, must participate in an approved job search program (JSP), or have completed a JSP, as...


to individuals. (a) Determinations of initial applications for TRA or other TAA. The State Agency whose State law is the applicable State law under...


(a) Applicable State law. A determination or redetermination under this part 617 shall be subject to review in the same manner and to the same extent as determinations...


(a) First rule of construction. The Act and the implementing regulations in this part 617 shall be construed liberally so as to carry out the purpose of...


may issue subpoenas for attendance of witnesses and production of records on the same terms and conditions as under the State law. Compliance may be enforced on the same terms...


A State agency may establish supplemental procedures not inconsistent with the Act or this part 617 or procedures prescribed by the Department to further effective administration...


(a) Determination and repayment. (1) If a State agency or a court of competent jurisdiction determines that any person or individual has received any payment...


Except as specifically provided in this part 617, the rights of individuals to TAA shall be protected in the same manner and to the same extent as the rights of persons to UI...


(a) Recordkeeping. Each State agency will make and maintain records pertaining to the administration of the Act as the Secretary requires and will make all...


Unemployment insurance payable to an adversely affected worker shall not be denied or reduced for any week by reason of any right to a payment of TAA under the Act and this...


(a) Authority. Before performing any function or exercising any jurisdiction under the Act and this part 617, a State or State agency (as defined in Sec. 617.3(ii))...


A State agency shall furnish to the Secretary such information and reports and conduct such studies as the Secretary determines are necessary or appropriate for...


The procedures for administering the Trade Act of 1974 before and after the amendments made by title XXV of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35) are...


to the Act made by title XXV of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35) shall not abate or otherwise affect entitlement to TAA under the Trade Act...


The following rules are applicable to the termination of TAA benefits under the Act: (a) No application for TRA, or transportation or subsistence payment...


in sections 2671 and 2672 of Pub. L. 98-369 (Deficit Reduction Act of 1984). The procedures for administering the Trade Act of 1974 as amended by the...


in sections 13002 through 13009 of Pub. L. 99-272 (the Consolidated Omnibus Budget Reconciliation Act of 1985). The procedures for administering the Trade...


in sections 13002 through 13009 of Pub. L. 99-272 (the Consolidated Omnibus Budget Reconciliation Act of 1985). The procedures for administering the Trade...
...


Eligibility requirements for Disaster Unemployment Assistance. 625.5 Unemployment caused by a major disaster. 625.6 Weekly amount;...


and Emergency Assistance Act (formerly section 407 of the ``Disaster Relief Act of 1974'', Pub. L. 93-288, 88 Stat. 143, 156, approved May 22, 1974), 42 U.S.C. 5177,...


reimbursement from any funds provided under the Act, reemployment assistance services under any other law administered by the State to individuals applying for DUA...


a week of unemployment, in accordance with the provisions of the Act and this part if: (a) That week begins during a Disaster Assistance Period; (b) The...


if-- (1) The individual has a ``week of unemployment'' as defined in Sec. 625.2(w)(1) following the ``date the major disaster began'' as defined in Sec. 625.2(e),...


of DUA payable to an unemployed worker or unemployed self-employed individual for a week of total unemployment shall be the weekly amount of compensation the individual would...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR625.7] [Page 164] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 625_DISASTER UNEMPLOYMENT ASSISTANCE--Table of Contents Sec. 625.7 Disaster Unemployment Assistance: Duration. DUA shall be payable to an eligible unemployed worker or eligible unemployed self-employed individual for all weeks of unemployment which begin during a Disaster Assistance Period. ...


individual with the State agency of the applicable State within 30 days after [[Page 165]] the announcement date of the major disaster as the result of which...


the filing of an initial application for DUA, determine whether the individual is eligible, and if the individual is found to be eligible, the weekly amount of DUA payable...


the State agency of a State (other than the State agency of the Territory of Guam, American Samoa, Commonwealth of the Northern Mariana Islands, Federated States of...


to claims for, and the payment of regular compensation, shall apply to applications for, and the payment of, DUA to each such individual, only as specifically set forth in...


individual's unemployment is the result of a major disaster. (b) Limitation. DUA is payable to an individual only by an applicable State as determined pursuant to...


unemployment, as computed pursuant to Sec. 625.6, shall be reduced by the amount of any of the following that an individual has received for the week or would receive for the week...


individual has received a payment of DUA to which the individual was not entitled under the Act and this part, whether or not the payment was due to the individual's fault...


manner and to the same extent as the rights of persons to regular unemployment compensation are protected under the applicable State law. Such measures shall include...


of the Act as the Secretary requires, and will make all such records available for inspection, examination, and audit by such Federal officials or employees as...


announce throughout the major disaster area by all appropriate news media that individuals who are unemployed as the result of the major disaster may be entitled to...


Agreement with the State for inspection and copying. Copies of an Agreement may be furnished on request to any individual or organization upon payment of the same charges, if any,...


make such studies as the Secretary decides are necessary or appropriate for carrying out the purposes of the Act and this part. (b) Final Report. In addition to such...


proceedings, with respect to any major disaster declared prior to November 23, 1988, and such applications, determinations, hearings, or other administrative or...


proceedings, with respect to any major disaster declared prior to November 23, 1988, and such applications, determinations, hearings, or other administrative or...
...


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 ...


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...


for the regulations under the Job Training Partnership Act, 20 CFR parts 626-638 and 1005,\1\ is...


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...


Subpart A_Scope and Purpose 627.100 Scope and purpose of this part 627. Subpart...


(a)(1) To establish a continuing relationship under the Act, the Governor and the Secretary shall enter into a Governor/Secretary agreement. The agreement shall consist...


may request, and the Secretary may grant, a waiver of specific provisions of these regulations to the extent that such request is consistent with the provisions of the Act. ...


No funds available under titles I, II-A, II-C, or III-A of the Act may be used for public service employment (sections 141(p)...


(a)(1) Recipients, SDA grant recipients, title III substate grantees, and other subrecipients shall comply with the nondiscrimination provisions of section...


funds provided under the Act shall be used, or proposed for use, to encourage or to induce the relocation of an establishment, or part thereof, that result in the loss of...


IV of the Higher Education Act including the Pell grant program. (a) Coordination. Financial assistance programs under title IV of the Higher Education Act of 1965,...


(a)(1) No funds available under the Act shall be used for employment generating activities, economic development activities, investment in revolving loan...


currently employed worker shall be displaced by any participant (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment...


(a) The requirements set forth in sections 141, 142 and 143 of the Act apply to all programs under titles I, II, and III of the Act, except as provided elsewhere in...


(a) General--(1) On-the-job training (OJT) means training by an employer in the private or public sector given to a participant who, after objective assessment, and in...


Experience means a short-term or part-time training assignment with a public or private nonprofit organization for a participant who needs assistance in...


The Secretary hereby grants authority to the several States to enter into interstate agreements and compacts in accordance with section 127 of the Act and, as specified in...


627.300 Scope and purpose. This subpart sets forth requirements for allowable payments to JTPA participants under titles I and II. These...


Conditions Sec. 627.305 Payments. (a)(1) General. Allowable types of payments which may be made to participants are: Needs-based payments for eligible individuals...


Conditions Sec. 627.310 Supportive services. (a)(1) The SDA or SSG shall develop a policy on supportive services in accordance with the definition at section 4(24)...


627.315 Benefits and working conditions. (a) In the development and conduct of programs funded under the Act, SDA's and SSG's shall ensure that...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR627.400] [Page 200] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 627_GENERAL PROVISIONS GOVERNING PROGRAMS UNDER TITLES I, II, AND III OF THE ACT--Table of Contents Subpart D_Administrative Standards Sec. 627.400 Scope and purpose. This subpart establishes the administrative and financial standards and requirements that apply to funds received under the Act. ...


(a)(1) Pursuant to Sec. 627.200 of this part and the Governor/ Secretary agreement, each program year there will be executed a grant agreement signed by the Governor or...


(a)(1) The Governor shall reallocate title II-A and II-C funds among service delivery areas within the State in accordance with the provisions of...


recipient and subrecipient shall follow its normal insurance procedures except as otherwise indicated in this section and Sec. 627.465, Property Management Standards. ...


(a) General. (1) For purposes of this section, the term procurement means the process which leads to any award of JTPA funds. (2) The Governor, in accordance with the...


(a) Service providers selected under titles I, II, and III of the Act shall be selected in accordance with the provisions of section 107 of the Act, except that...


recipients and subrecipients. (a) A recipient or subrecipient may be considered ``high-risk'' if an awarding agency determines that the recipient or...


suspended parties. (a) No recipient or subrecipient shall make any awards or permit any awards at any tier to any party which is debarred or suspended or...


participant data systems. (a)(1) General. The financial management system and the participant data system of each recipient and subrecipient shall...


Except as provided in paragraph (h)(2) of this section, JTPA grant payments shall be made to the Governor in accordance with the Cash Management Improvement Act of 1990 (31 U.S.C....


(a) General. To be allowable, a cost shall be necessary and reasonable for the proper and efficient administration of the program, be allocable to the program,...


(a) Allowable costs for programs under title II and title III shall be charged (allocated) to a particular cost objective/category to the extent that benefits are received...


(a) State-administered programs--(1) Services for older individuals. Of the funds allocated for any program year for section 202(c)(1)(D) of the Act to carry...


Definition of program income. (1) Program income means income received by the recipient or subrecipient that is directly generated by a grant or subgrant supported activity, or...


(a) General. The Governor shall report to DOL pursuant to instructions [[Page 215]] issued by DOL. Reports shall be submitted no more frequently than quarterly,...


(a) Records, including the records identified in section 165(g) of the Act, shall be retained in accordance with section 165(e) of the Act. In establishing the time period...


(a) Public access. Except as provided in paragraph (b) of this section, records maintained by recipients or subrecipients pursuant to Sec. 627.460 shall be made available to...


(a) States and governmental subrecipients. Real property, equipment, supplies, and intangible property acquired or produced after July 1, 1993, by States and...


(a) General. The Secretary shall prescribe performance standards for adult programs under title II-A, for youth [[Page 217]] programs under title II-C,...


(a) A reorganization plan imposed by the Governor, as provided for at Sec. Sec. 627.470(c)(4) or 627.477(b)(2) of this part, or by the Secretary, as provided for at...


(a) The Secretary may monitor all recipients and subrecipients of financial assistance pursuant to section 163 of the Act. (b) The Governor is responsible for oversight...


(a) Except as provided at paragraph (d) of this section, if, as a result of financial and compliance audits or otherwise, the Governor determines...


Audits--(1) Governments. Each recipient and governmental subrecipient is responsible for complying with the Single Audit Act of 1984 (31 U.S.C. 7501-7) and 29 CFR part 96,...


(a) Federal audit resolution. When the OIG issues an audit report to the Employment and Training Administration for resolution, the ETA Grant Officer shall provide a copy of the report...


The Grant Officer shall close out each annual JTPA grant agreement within a timely period after the funding period covered by the award has expired. (b) Revisions to...


closeout. The closeout of a grant does not affect: (a) The Grant Officer's right to disallow costs and recover funds on the basis of a later audit or...


(a) Any funds paid to a recipient in excess of the amount to which the recipient is finally determined to be entitled under the terms of the grant constitute a debt to...


(a) General. This subpart establishes the procedures which apply to the handling of noncriminal complaints under the Act at the Governor, the SDA, and the...


hearing procedures for noncriminal complaints at the recipient level. (a)(1) Each recipient shall maintain a recipient-level grievance procedure and shall ensure...


for noncriminal complaints at the SDA and SSG levels. (a) Each SDA and SSG, pursuant to guidelines established by the recipient, shall establish procedures...


(a) If a complainant does not receive a decision at the SDA or the SSG level within 60 days of filing the complaint or receives a decision unsatisfactory to...


procedure at employer level. (a) Recipients, SDA's, SSG's, and other subrecipients shall assure that other employers, including...


627.600 Scope and purpose. (a) This subpart establishes the procedures which apply to the filing, handling, and reviewing of complaints at the...


627.601 Complaints and allegations at the Federal level. (a) The types of complaints and allegations that may be received at the Federal level for...


627.602 Resolution of investigative findings. (a)(1) As a result of an investigation or monitoring by the Department, or of the actions specified...


627.603 Special handling of labor standards violations under section 143 of the Act. (a) A complaint alleging JTPA section 143 violations may...


Allegations Sec. 627.604 Alternative procedure for handling labor standards violations under section 143 of the Act--binding arbitration. (a) A person alleging...


627.605 Special Federal review of SDA- and SSG-level complaints without decision. (a) Should the recipient fail to provide a decision as required...


Allegations Sec. 627.606 Grant Officer resolution. (a) When the Grant Officer is dissatisfied with the State's disposition of an audit, as specified in Sec. 627.481...


627.607 Grant Officer resolution of Governor's failure to promptly take action. (a) An allegation, whether arising from a complaint, from monitoring...


This subpart describes the sanctions and appropriate corrective actions that may be imposed by the Secretary for violations of the Act, regulations promulgated thereunder,...


(a) Except for actions under sections 106(j), 164 (b) and (f), and 167 of the Act and the funding restrictions specified at Sec. 627.423 of this part,...


provisions. (a) If, as part of the recipient's annual on-site monitoring of its SDA's/SSG's, the recipient determines that an SDA/SSG is not in compliance with...


State liability. (a) A recipient may request a waiver of liability as described in section 164(e)(2) of the Act. (b)(1) When the debt for which a waiver of liability...


a recipient's contemplated corrective actions. (a) The recipient may request advance approval from the Grant Officer for contemplated corrective actions,...


(a) In accordance with section 164(d) of the Act, the primary sanction for misexpenditure of JTPA funds is repayment. (b) A recipient may request that a debt, or a...


(a) The jurisdiction of the Office of the Administrative Law Judges (OALJ) extends only to those complainants identified in sections 141(c), 144(d), 164(f), and...


request for hearing. (a) Within 21 days of receipt of a final determination imposing a sanction or corrective action or denying financial assistance, the applicant,...


(a) The rules of practice and procedure promulgated by the OALJ, at subpart A of 29 CFR part 18, shall govern the conduct of hearings under this section, except that...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR627.803] [Page 231] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 627_GENERAL PROVISIONS GOVERNING PROGRAMS UNDER TITLES I, II, AND III OF THE ACT--Table of Contents Subpart H_Hearings by the Office of Administrative Law Judges Sec. 627.803 Relief. In ordering relief, the ALJ shall have the full authority of the Secretary under section 164 of the Act. ...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR627.804] [Page 231] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 627_GENERAL PROVISIONS GOVERNING PROGRAMS UNDER TITLES I, II, AND III OF THE ACT--Table of Contents Subpart H_Hearings by the Office of Administrative Law Judges Sec. 627.804 Timing of decisions. The ALJ should render a written decision not later than 90 days after the closing of the record. ...


(a) Parties to a complaint under Sec. 627.801 of this part, Procedures for filing a request for hearing, may choose to waive their rights to an...


Nothing contained in this subpart shall be deemed to prejudice the separate exercise of other legal rights in pursuit of remedies and sanctions available outside...


(a) Regulations set forth at parts 626, 627, 628, 629, 630, 631, and 637 of 20 CFR chapter V (1993) were amended, effective December 29, 1992, and were published as an interim...


The transition period ended June 30, 1993 unless otherwise stated. The intent of the transition period is to complete, to the extent possible, activity begun on or before June 30,...


The following are actions required to be taken prior to July 1, 1993: (a) Review current policies, practices, procedures, and delivery systems to ensure that they conform...


the Governor. (a) Establish a State Human Resource Investment Council (HRIC); (b) Issue instructions to ``grandparent'' participants in JTPA programs as of June...


(a) Review. The Governor shall conduct a comprehensive review of the current policies, procedures, and delivery systems relating to programs authorized under the...


The Department does not intend for contracts, agreements, inter- agency agreements, retainers, and similar arrangements to be negotiated and/or entered into...


(a) The Department expects that the States and SDA's will fully implement the provisions of the Act and these regulations regarding procurement,...


Subpart A_Scope and Purpose Sec. 628.100 Scope and purpose of part 628. Subpart B_State Planning 628.200...


for the submission of the Governor's Coordination and Special Services Plan, as well as the procedures for plan review. This subpart also contains requirements...


(a)(1) Submittal. By a date established by the Secretary, each State seeking financial assistance under the Act shall submit to the Secretary, biennially, the...


(a) The Governor shall appoint a State Job Training Coordinating Council (SJTCC) pursuant to section 122 of the Act. In lieu of a SJTCC, the Governor may establish and utilize a...


(a) Establishment and responsibilities. The State may, in accordance with sections 701, 702, and 703 of the Act, establish a State Human Resource Investment Council (HRIC)....


for the State-operated programs including the education coordination and grants, services to older workers, and incentive grants to SDA's and grants to SDA's...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR628.305] [Page 237] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 628_PROGRAMS UNDER TITLE II OF THE JOB TRAINING PARTNERSHIP ACT --Table of Contents Subpart C_State Programs Sec. 628.305 State distribution of funds. (a) The funds made available to the Governor under sections 202(c) and 262(c) of the Act shall be used to carry out activities and services under this subpart. ...


under sections 202(c)(1)(A) and 262(c)(1)(A) of the Act may be used for overall administration, management, oversight of program performance; technical assistance to...


(a) Governor's responsibilities. The Governor shall allocate funds available pursuant to sections 202(c)(1)(C) and 262(c)(1)(C) of the Act to any State education agency. For the...


The Governor shall consult with the appropriate PIC's and chief elected official(s) prior to entering into agreements to provide services under section 204(d) and to...


(a) Funds available to the Governor under sections 202(c)(1)(B) and 262(c)(1)(B) of the Act shall be used to provide incentive grants to SDA's and for...


sets forth requirements for the selection of service delivery areas, the establishment and responsibilities of the private industry council, and the selection of the SDA...


Governor, after receiving recommendations from the SJTCC, shall designate SDA's within the State in accordance with the provisions of section 101 of the Act. (2) SDA's...


Certification of the PIC. (1) The chief elected official(s) of the SDA shall establish and the Governor shall certify the private industry council (PIC) pursuant to section 102 of...


(a) Selection of SDA grant recipient. (1) The SDA grant recipient and the entity to administer the SDA's job training plan for title II, developed pursuant...


issue instructions and schedules to assure that job training plans and plan modifications for SDA's within the State conform to all requirements of the Act. (b)...


procedures. The Governor shall establish standards and procedures for the review and approval or disapproval of the SDA job training plan and plan modifications that shall...


(a) If the Governor disapproves the SDA job training plan or plan modification for any reason, the Governor shall notify the PIC and chief elected official(s) for the SDA...


section 105(d) of the Act, when the SDA is the State, the Governor shall submit to the Secretary, not less that 60 days before the beginning of the first of the two program...


Sec. 628.500 Scope and purpose. This subpart contains the regulations pertaining to the program design requirements common to all programs conducted...


Sec. 628.505 Eligibility. (a) Eligibility criteria. (1) Individuals who apply to participate in a program under title II shall be evaluated for eligibility based...


Sec. 628.510 Intake, referrals and targeting. (a) Collection of personal data. In addition to determining an applicant's eligibility, the intake process...


Sec. 628.515 Objective assessment. (a) General. The requirements of this section shall apply to programs conducted under title I (i.e., sections 121 and 123)...


Sec. 628.520 Individual service strategy. (a) General. The requirements of this section shall apply to programs conducted under title I (i.e., sections 121...


Sec. 628.525 Limitations. Neither eligibility for nor participation in a JTPA program creates an entitlement to services, and nothing in the Act or this part...


Sec. 628.530 Referrals of participants to non-title II programs. (a) When it is determined, through the objective assessment and the ISS, that a...


Sec. 628.535 Limitations on job search assistance. (a) General. Job search assistance is designed to give a participant skills in acquiring full time...


Sec. 628.540 Volunteer program. Pursuant to sections 204(c)(6) and 264(d)(7) of the Act, the SDA shall make opportunities available for individuals who...


Sec. 628.545 Linkages and coordination. (a) General requirements. (1) To the extent practicable, and as permitted by law and regulations, the Governor shall,...


Sec. 628.550 Transfer of funds. If described in the job training plan and approved by the Governor: (a) An amount up to 10 percent of the funds allocated to...


the regulations for the Adult Program under part A of Title II of the Act. The regulations in part 627 of this chapter and subpart E of this part apply to the Adult Program to...


Except as provided in paragraph (b) of this section, an individual shall be eligible to participate under this part only if he or she is economically disadvantaged and...


may be provided under this subpart are those described at section 204(b) of the Act. (b) Counseling and supportive services. Counseling and supportive services provided...


This subpart contains the regulations for the Summer Youth Employment and Training Program (SYETP) under part B of title II of the Act. The regulations in part 627 of this chapter...


(a) Each SDA shall establish written goals and objectives that shall be used in evaluating the effectiveness of its SYETP activities. Such goals and objectives may...


and economic disadvantage. An individual is eligible to participate in programs funded under title II-B of the Act, if such individual is (1) Age 14 through 21; and ...


(a) The services that may be provided under this subpart are those described at section 253 of the Act. (b) Basic and remedial education and preemployment and work...


(a) Except as provided under paragraph (b) of this section, the SYETP shall be conducted during the school vacation period occurring duri the summer months. (b) An...


the regulations for the Year-round Youth Program [[Page 252]] under part C of title II of the Act. The regulations in part 627 of this chapter and...


An out of school youth is a youth who does not meet the definition of in-school youth as set forth in paragraph (b) of this section. An out-of-school youth shall be eligible...


the PIC shall take into consideration exemplary program strategies and services, including those selected for replication pursuant to section 453(c) of the Act concerning...


Subpart A_General Provisions Sec. 631.1 Scope and purpose. 631.2 Definitions. 631.3 Participant eligibility. 631.4 Approved training rule. ...


in sections 4, 301, and 303(e) of the Act and Part 626 of this chapter, the following definitions apply to programs under Title III of the Act and this part: ...


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...


who is participating in any retraining activity, except on-the-job training, under Title III of the Act or this part shall be deemed to be in training with the approval...


the Secretary. (a) Funds shall be allotted among the various States in accordance with section 302(b)(1) of the Act, subject to paragraph (b) of this...


(a) Based upon reports submitted by States pursuant to Sec. 631.15 of this part, the Secretary shall make determinations regarding total expenditures of...


substate levels. (a)(1) Allowable costs under Title III shall be planned, controlled, and charged by either the State or the substate grantee against the following...


(a) Retraining services. Of the funds allocated to a substate grantee under part A of Title III for any program year, not less than 50 percent shall be expended...


Notwithstanding the requirements in subpart D of part 627 of this chapter, the Governor shall report to the Secretary pursuant to instructions issued by the Secretary...


The provisions of this section apply in addition to the sanctions provisions in subpart G of part 627 of this chapter. (a) The Secretary shall investigate...


The Secretary shall conduct oversight of State administration of programs under this part, including the administration by each State of the rapid response...


(a) In the event that a State fails to submit a biennial State plan that is approved under Sec. 631.36 of this part, the Secretary shall make arrangements to use the amount...


provided in this part, disputes arising in programs under this part shall be adjudicated under the appropriate State or local grievance procedures required by subpart E of part...


funds available to States and substate grantees may be used to provide needs-related payments to participants in accordance with the approved State or substate plan,...


worker unit or office, and rapid response assistance. (a) Designation or creation of State dislocated worker unit or office. The State shall designate...


responsible for monitoring and oversight of all State and substate grantee activities under this part. In such monitoring and oversight of substate grantees, the Governor shall...


Of the funds allotted to the Governor by the Secretary under Sec. Sec. 631.11 and 631.12 of this part: (a) The Governor shall issue allocations to substate grantees, the sum...


Federal reallotment. The Governor shall establish procedures to assure the equitable identification of funds required to be reallotted pursuant to...


Governor, after receiving recommendations from the SJTCC or HRIC, shall designate substate areas for the State (section 312(a)). (b) In designating substate areas, the...


may establish procedures for the designation of substate grantees. (a) Designation of the substate grantee for each substate area shall be made on a biennial basis. ...


receive an allotment of funds under Sec. Sec. 631.11 and 631.12 of this part, the State shall submit to the Secretary, in accordance with instructions issued by the Secretary, on...


this part shall be integrated or coordinated with services and payments made available under Chapter 2 of Title II of the Trade Act of 1974 (19 U.S.C. 2271, et seq.) and part 617...


the event that a substate grantee fails to submit a plan, or submits a plan which is not approved by the Governor (see Sec. 631.50(f) of this part), the Governor may direct...


Governor shall submit to the Secretary biennially, in accordance with instructions issued by the Secretary, a State program operational plan describing the specific...


use funds reserved under Sec. 631.32(c) of this part, subject to the provisions of the State biennial and program operational plans, for: (1) Rapid response...


allocation of funds under Sec. 631.32 of this part, the substate grantee shall submit to the Governor a substate plan, in accordance with instructions issued by the Governor....


(a) The substate grantee may use JTPA section 302(c)(1), (c)(2), and (d) funds allocated by the Governor under Sec. 631.32 of this part for basic readjustment services,...


substate grantee shall provide authorized JTPA Title III services within the substate area, pursuant to an agreement with the Governor and in accordance with the approved State...


(a) 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...


631.60 General. This subpart provides for the use of funds reserved to the Secretary for use under part B of title III of the Act. These funds may be...


631.61 Application for funding and selection criteria. To qualify for consideration for funds reserved by the Secretary for activities under section 323 of...


Sec. 631.62 Cost limitations. The expenditure of funds provided to grantees under this subpart shall be consistent with the cost limitations specified in the...


631.63 Reporting. (a) Grantees under part B of title III of the Act shall submit reports as prescribed by the Secretary. (b) Significant...


631.64 General administrative requirements. (a) Activities under this subpart may be carried out and funding provided directly to grantees other than States. ...


Sec. 631.65 Special provisions for CAETA and DDP. (a) Allowances for Job Search Outside the Commuting Area under CAETA. Allowances for job search outside...


establishes a Disaster Relief Employment Assistance program under title IV, part J of JTPA which shall be administered in conjunction with the title III National Reserve...


to carry out this subpart may be made available by grant to the Governor of any State within which is located an area that has suffered an emergency or a major disaster...


less than 80 percent of the grant funds available to any Governor under Sec. 631.81 of this part shall be allocated by the Governor to units of general local government located,...


this subpart to Governors and units of general local government shall be expended in consultation with-- (a) Agencies administering programs for disaster relief...


under this subpart to any unit of general local government in a disaster area-- (a) Shall be used exclusively to provide employment on projects that provide...


shall be eligible for disaster employment under this subpart if such individual is-- (a)(1) Eligible to participate or enroll, or is a participant or enrolled,...


No individual shall be employed under this subpart for more than 6 months for work related to recovery from a single natural disaster (described in Sec. 631.3(f) of...


the term unit of general local government includes: (a) In the case of a community conducting a project in an Indian reservation or Alaska Native village, the...


programs to provide job training and employment activities consistent with the intent of title IV, part A, section 401. Such programs shall be administered in such...


by the Department of Labor to implement the provisions of title IV, section 401 and [[Page 275]] Indian programs under title II-B of the Act are set forth in...


Act (29 U.S.C. section 1501 et seq.). Capital improvement--means any modification, addition, restoration or other improvement: (a) Which increases...


a Native American grantee. (a) All funds specifically identified in the Act as reserved for the benefit of Indian and Native American participants shall...


(a) When designations are required and the potential grantee is not under a Master Plan agreement, an applicant for designation as a Native American grantee...


services, nondesignation. (a) If no application for Native American grantee designation for an area is filed, or if the Department has denied such application...


Native American grantee, or rejection of a Comprehensive Annual Plan. (a) An applicant for designation as a Native American grantee which is refused such designation...


(a) Each Native American grantee shall establish a planning process for the development of its Master Plan and Comprehensive Annual Plan. This planning process shall...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR632.18] [Page 284] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 632_INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS --Table of Contents Subpart C_Program Planning, Application and Modification Procedures Sec. 632.18 Regional and national planning meetings. Grant funds may be used for holding regional and national planning meetings, subject to restrictions of allowable costs. ...


The basic document will be a four year Master Plan which will be supplemented each fiscal year by submission and approval of a Comprehensive Annual Plan (CAP). The Master Plan...


(a) Beginning with 1985 or the first designation period after 1984, a Master Plan must be submitted by a date and pursuant to instructions issued by the Department....


(a) A CAP shall be disapproved by the Grant Officer if it fails to meet the requirements of the Act or the regulations. (b) No CAP shall be finally disapproved until...


Plan (CAP) and/or Master Plan. (a) The requirements for modifying a Master Plan and/or CAP will be included in administrative instructions issued by the...


a CAP and/or Master Plan. (a) Emergency Termination. The Department may terminate or suspend a CAP designation or Master Plan under emergency termination procedures...


describes requirements relating to the administration of grants by Native American grantees. Administrative requirements found in [[Page 286]] this subpart...


(a) Each Native American grantee, subgrantee and contractor shall maintain a financial management system which will provide accurate, current and complete disclosure of the...


provisions of 41 CFR part 29-70 shall apply to Native American grantees. Until unified or single audit procedures are promulgated and implemented for nonprofit entities, the...


provisions of 41 CFR 29-70.205, program income and interest earned, shall apply to Native American grantee programs. (b) Income generated under any program may be retained by...


(a) Contracts may be entered into between the Native American grantee and any party, public or private, for purposes set forth in the JTPA. (b) Subgrants...


Native American grantees shall comply with the procurement systems and procedures found in 41 CFR 29-70.216, Procurement standards. [[Page 288]] (b) Subject to...


be allowable, a cost must be necessary and reasonable for proper and efficient administration of the grantee's program, be allocable thereto under these principles, and, except...


Allowable costs shall be charged against the following four cost categories: Administration; training, employment and other (including supportive services). (a) Costs...


administrative funds for all programs operated under separate sections of the Act by a Native American grantee may be accounted for separately and be allocated by title and...


(a) Staffing. Members of the population to be served shall be provided maximum employment opportunities at all levels of the JTPA grantee administration. Native...


days of the end of each quarter, a Native American grantee shall submit to the Chief, DINAP by registered mail, financial and program reports. Accuracy of all reports must...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR632.42] [Page 290] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 632_INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS --Table of Contents Subpart D_Administrative Standards and Procedures Sec. 632.42 Grant closeout procedures. Grant closeout will conform to the requirements at 41 CFR part 29- 70. As necessary, the Secretary shall issue supplementary closeout requirements. ...


DINAP determines that reallocation is appropriate, it shall give the Native American grantee 30-day notice of proposed action to remove funds from the grant. Such notice shall...


(a) Pursuant to sections 164 (d), (e), (f), (g), and (h) of the Act, the Secretary may impose appropriate sanctions and corrective actions for violations of the...


(a) A Native American section 401 grantee may request, and the Assistant Secretary of Labor for Employment and Training may grant, a waiver of specific provisions...


This subpart sets out program operation requirements for Native American grantees including program management, linkages, coordination and consultation,...


Native American grantees shall establish management information systems to control and assess all programs. Native American grantees must institute and maintain effective systems...


(a) Each Native American grantee, and any subgrantees or contractors assigned responsibility for the determination of participant eligibility, shall be responsible for...


grantees shall design and operate programs funded under the Act which support growth and development as determined by representatives of the Indian and Native American...


employment (CSE). Community Service Employment is the type of work normally provided by government and includes, but is not limited to, work (including part-time work)...


grantees may conduct employment and training activities not described in this subpart. The CAP shall describe the basic design of activities undertaken as...


Each participant paid wages for employment activities, allowances for classroom training or reimbursed for OJT or tryout employment will be provided such benefits pursuant...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR632.82] [Page 296] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 632_INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS --Table of Contents Subpart E_Program Design and Management Sec. 632.82 Benefits and working conditions for participants. The provisions of sections 142 and 143 of the Act shall apply to benefits and working conditions. ...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR632.83] [Page 296] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 632_INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS --Table of Contents Subpart E_Program Design and Management Sec. 632.83 FICA. Expenditures may be made from JTPA funds for taxes under the Federal Insurance Contribution Act (FICA), 26 U.S.C. 3101, et seq. ...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR632.84] [Page 296] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 632_INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS --Table of Contents Subpart E_Program Design and Management Sec. 632.84 Non-Federal status of participants. Participants shall not be deemed Federal employees and shall not be subject to the provisions of law relating to Federal employment. ...


provided in paragraph (c) of this section and for participants in programs that have other statutory limits, participation in work experience shall be limited to a maximum of...


Pursuant to section 167(a) of the Act: (a) Subject to the restriction that services under section 401 of JTPA are legally available only to Indian and Native...


and significant segments. Native American grantees shall ensure and provide evidence in the Master Plan that a system is in place to afford all members of...


The Department of Labor shall be responsible for: (a) Providing prompt notification to all Native American grantees of allocations of funds, proposed and final rules...


Labor shall establish performance standards for all Native American grantees (section 401(h)(1)). Performance results, as judged against these standards, will not be used...


integrity of the JTPA programs special efforts by grantees are necessary to prevent fraud and other program abuses. While any violation of the Act or regulations may constitute...


member of any advisory, planning, private industry council or governing body under the Act shall cast a vote on any matter which has a direct bearing on services to be provided by...


agent of any Native American grantee, subgrantee of contractor shall solicit or accept gratuities, favors or anything of monetary value from any actual or potential...


subgrantee, contractor or employing agency shall permit the hiring of any person in a staff position or as a participant if that person or a member of that...


American grantee, subgrantee or contractor may select, reject, or promote a participant based on that individual's political affiliation or beliefs. The selection or advance...


program under the Act may involve political activities. (b) No participant may engage in partisan or nonpartisan political activities during hours for which the participant is...


under the Act may be used in any way: (a) To attempt to influence in any manner a member of Congress to favor or oppose any legislative or appropriation by Congress;...


stoppages. (a) No funds under the Act shall be used in any way to either promote or oppose unionization (sec. 143(c)(1)). (b) No participant in...


provided under this Act shall only be used for activities which are in addition to those which would otherwise be available in the area in the absence of such funds. ...


training funds; improper inducement; obstruction of investigations and other criminal provisions. The criminal provision of 18 U.S.C. 665 states: ...


and contractors for preventing fraud and program abuse and for general program management. (a) Each Native American grantee shall establish and...


Eligibility for funds. The Department shall provide funds under section 401 of the Act only to Native American grantees designated in accordance with...


Allocation of funds. (a) One hundred percent, except as provided in Sec. 632.171(c), of the amount available for section 401 will be distributed by formula...


632.172 Eligibility for participation in title IV, section 401. (a) An Indian, Native Alaskan, or Native Hawaiian, as determined by the Native American Grantee, who...


Allowable program activities. (a) Native American grantees may undertake programs and activities consistent with the purposes of the Act including, but not...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR632.174] [Page 301] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 632_INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS --Table of Contents Subpart H_Job Training Partnership Act Programs Under Title IV, Section 401 Sec. 632.174 Administrative costs. Administrative costs for this subpart are limited to and shall not exceed 20 percent of the funds available. ...


the policies, rules, and regulations of the Department in implementing and administering a Summer Youth Employment and Training Program for Indians and other Native...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR632.251] [Page 301] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 632_INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS --Table of Contents Subpart I_Summer Youth Employment and Training Programs Sec. 632.251 Eligibility for funds. Only Native American grantees described in section 401(c)(1) of the Act are eligible for summer youth program funds. ...


(a) For this program the Secretary shall reserve the same percentage of JTPA 3(b) funds as were available in the CETA, IV-C Fiscal Year 1983 program. [[Page 302]] ...


Native American grantees shall: (a) Provide services to youths most in need; (b) Develop outreach and recruitment techniques aimed at all segments of the...


planning and design phase of the program and prior to the close of the school year, only those activities outlined in Sec. 632.255(b) are permissible. These activities shall...


In developing the summer program, the Native American grantee shall coordinate the summer plan with its title IV program. (2) Native American grantees shall use the...


To the extent possible, Native American grantees will be notified of their summer youth allocation at the same time section 401 allocations are announced. The summer plan will be...


(a) An individual shall be eligible for participation if, at time of application, he or she is an Indian or Native American youth who is: (1) At the time of...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR632.258] [Page 303] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 632_INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS --Table of Contents Subpart I_Summer Youth Employment and Training Programs Sec. 632.258 Allowable activities. Allowable activities are those listed in Sec. 632.78-80 except that community service employment is not permitted. ...


A Native American grantee may conduct a vocational exploration program for the purpose of exposing youth to the operation and types of jobs and instruction including,...


Native American grantee shall develop a written agreement with worksite employers which complies with sections 142 and 143 of the Act and which assures: (i)...


(a) Each Native American grantee shall submit an end of summer report which will include both financial and characteristics information. The report format will be issued to grantees...


Participants may not be enrolled in the summer program beyond September 30, or beyond the date they resume school full-time, whichever occurs earlier....


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR632.263] [Page 303] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 632_INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS --Table of Contents Subpart I_Summer Youth Employment and Training Programs Sec. 632.263 Administrative costs. Administrative costs for this subpart are limited to and shall not exceed 20 percent of the funds available. [[Page 304]] ...


Subpart A_Introductory Provisions Sec. 633.102 Scope and purpose of title IV, section 402 programs. 633.103 Format for these...


the Department to implement the provisions of title IV section 402 of the Act are set forth in 20 CFR part 633 and part 636. These parts contain all the regulations under the...


section 402 programs. [[Page 305]] Accrued expenditures shall mean total costs incurred during the reporting period for: (a) Goods and other tangible property...


the statutory reserves for section 402 activities may be set aside for the National Account to be used for technical assistance and for special projects funded at...


units of government shall be eligible to receive funds under section 402. [[Page 308]] (a) A public agency; (b) A private nonprofit...


for participation in section 402 programs is limited to those individuals who have, during any consective 12-month period within the 24-month period preceding...


Precondition for grant application: The Department will not consider an application for funding from any applicant in cases where it is established that: (a) The...


a grant application. (a) Announcements. The Department, through a notice in the Federal Register, will announce State Planning estimates of section 402 funds...


review standards including: (a) An understanding of the problems of migrant and seasonal farmworkers; (b) A familiarity with the area to be served; (c) A...


a potential grantee the Department will conduct a review of the available records to determine whether or not the organization has failed any responsibility test. This review...


SGA which are selected as potential grantees shall be so notified by the Department. The notification shall invite each potential grantee to negotiate the final terms and...


forth the program operation requirements for grantees under section 402, including program and fiscal management, coordination and consultation, allowable activities,...


provide assistance to eligible individuals to obtain or retain employment, to participate in other program activities leading to their eventual placement in...


cost must be necessary and reasonable for proper and efficient administration of the program, be allocable thereto under these principles, and, except as specifically...


for section 402 programs shall be charged against the following four cost categories: Administration; training; training-related supportive services; and...


(a) Payments for on-the-job training (OJT) shall be made in accordance with sections 141(g) and 142(a)(2) of the Act. (b) Participants employed in work...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR633.306] [Page 314] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 633_MIGRANT AND SEASONAL FARMWORKER PROGRAMS--Table of Contents Subpart C_Program Design and Administrative Procedures Sec. 633.306 Retirement benefits. No funds available under this Act may be used for contributions on behalf of any participant to retirement systems or plans (sec. 143(a)(5)). ...


employees are covered under a benefits package which includes retirement, JTPA participants shall receive the non-retirement benefits (e.g., health, death,...


provided to the contrary, participants in a program under the Act shall not be deemed Federal employees and shall not be subject to the provisions of law relating to...


maintenance of systems whose financial management and participant data components provide federally-required records and reports that are accurate, uniform in...


that every officer, director, agent, or employee authorized to act on their behalf in receiving or depositing funds into program accounts or in issuing financial...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR633.311] [Page 315] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 633_MIGRANT AND SEASONAL FARMWORKER PROGRAMS--Table of Contents Subpart C_Program Design and Administrative Procedures Sec. 633.311 Management information systems. All grantees shall establish and maintain a program and financial management system which meets Departmental standards and the requirements of Sec. 633.314. ...


The grantee is responsible for development, approval and operation of all contracts and subgrants and shall require that its contractors and subgrantees adhere to...


The following provisions shall be applicable only to private nonprofit grantees and to private nonprofit subgrantees receiving section 402 funds: (a) Personnel policies...


instructions issued by the Department. Reports shall be submitted quarterly within 45 days after the end of the report period (sec. 165(a)(2)). Accuracy of all reports must...


(a) The Department may replace any grantee who during the grant period has been terminated by first offering the Governor the opportunity to submit an acceptable application. When such...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR633.316] [Page 317] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 633_MIGRANT AND SEASONAL FARMWORKER PROGRAMS--Table of Contents Subpart C_Program Design and Administrative Procedures Sec. 633.316 Closeout procedures. Grant closeout will conform to the requirements at 41 CFR part 29- 70. As necessary, the Department shall issue supplementary closeout requirements. ...


circumstances, the Department may reduce a portion of a grant when it can be reasonably projected that the funds will not be used during the grant performance period or that they...


to section 167(a) of the Act: (a) Nondiscrimination and equal opportunity requirements and procedures, including complaint processing and compliance reviews, will...


No funds provided under the Act may be used in any way: (a) To attempt to influence in any manner a member of Congress to favor [[Page 318]] or oppose...


may hire a person in an administrative capacity, staff position, or on-the-job training position funded under the Act if a member of that person's immediate family...


(a) The Secretary shall issue performance standards for section 402 programs. (b) To issue performance standards, the Secretary shall: (1) Select the measures against which...


sections 164 (d), (e), (f), (g), and (h) of the Act, the Secretary may impose appropriate sanctions and corrective actions for violations of the Act, regulations, or grant...


General. 634.2 Availability of funds. 634.3 Eligible recipients. 634.4 Statistical standards. 634.5 Federal oversight. Authority:...


amounts appropriated pursuant to section 461(a) of the Act and sections 3(a) and 14 of the Wagner-Peyser Act, funds to support LMI activities and Federal-State...


part E, eligible recipients shall be the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands,...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR634.4] [Page 319] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 634_LABOR MARKET INFORMATION PROGRAMS UNDER TITLE IV, PART E OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Sec. 634.4 Statistical standards. Recipients shall agree to provide required data following the statistical standards prescribed by the Bureau of Labor Statistics for cooperative statistical programs. ...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR634.5] [Page 319] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 634_LABOR MARKET INFORMATION PROGRAMS UNDER TITLE IV, PART E OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Sec. 634.5 Federal oversight. The Secretary shall take such action as necessary to ensure satisfactory recipient performance. ...


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...


or assisted in an investigation of a possible violation of the Act will be held in confidence. Where disclosure of the person's identity is essential to assure a...


resolving any complaint alleging a violation of the Act, regulations, grant or other agreements under the Act, including any complaint arising in connection with the...


to operate or shall establish and maintain for its participants a grievance procedure relating to the terms and conditions of JTPA employment. The employer who does not have...


grantee level procedures specified in Sec. 636.3 have been exhausted. (b) Exhaustion exceptions. Complainants who have not exhausted the procedures at the grantee level...


administrative remedies have been exhausted, section 144(c) of the Act requires that a final determination of the complaint shall be made within 120 days after...


may issue a subpoena directing the person named therein to appear before a designated representative at a designated time and place to verify or to produce...


a review of the entire administrative record of an investigation conducted pursuant to Sec. 636.6 or after the conclusion of the comment period for audits, the Grant...


before the Office of Administrative Law Judges (OALJ) by choosing to transfer the settlement of their dispute to an individual acceptable to all parties for...


determination, except for determinations under Sec. 636.8(e)(3) dismissing the complaint without an opportunity to request a hearing, or on the expiration of 120 days...


Judges or decided by an informal reviewer, or the Grant Officer's final determination where there has been no such hearing, constitutes final...


Subpart A_General Provisions 637.100 Scope and purpose. 637.105 Definitions. Subpart B_Program Planning and Operation 637.200...


in sections 4, 301, 303(e), and in Sec. 626.4 of this chapter, the following definitions apply to the administration of Title V of the Act and this part: ...


each program year for which funds are appropriated to carry out programs under this part, the Secretary shall pay to each participating State the amount the State is eligible to...


(a) Any State seeking to participate in the incentive bonus program shall notify the Secretary of its intent to do so no later than 30 days before the beginning of its first program...


(a) Any State seeking to receive an incentive bonus under this title shall submit an Incentive Bonus Program application pursuant to instructions issued by the Secretary that...


payments. (a) The Secretary shall review all applications for overall compliance with JTPA, the requirements of this part, and the instructions issued by...


determining incentive bonuses. An individual shall be eligible to be counted as part of the State's request for an incentive bonus payment under this part if...


The amount of the incentive bonus to be paid to each State shall be the total of the incentive bonuses claimed for each eligible individual within the State. The amount of the...


program year, the Governor may use an amount not to exceed 5 percent of the State's total bonus payment for the administrative costs incurred under this program, including...


recordkeeping. (a) The Governor shall ensure that the State's financial management system and recordkeeping system comply with subpart D of part 627 of...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR637.305] [Page 331] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 637_PROGRAMS UNDER TITLE V OF THE JOB TRAINING PARTNERSHIP ACT --Table of Contents Subpart C_Additional Title V Administrative Standards and Procedures Sec. 637.305 Federal monitoring and oversight. The Secretary shall conduct oversight of the programs and activities conducted in accordance with this part. ...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR637.310] [Page 331] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 637_PROGRAMS UNDER TITLE V OF THE JOB TRAINING PARTNERSHIP ACT --Table of Contents Subpart C_Additional Title V Administrative Standards and Procedures Sec. 637.310 Audits. The Governor shall ensure that the State complies with the audit provisions at Sec. 629.480 of this chapter. Subpart D--Data Collection [Reserved] ...


Subpart A_Purpose and Scope Sec. 638.100 General. Subpart B_Definitions 638.200 Definitions. ...


the definitions contained in section 4 of the Act, the following definitions apply to programs under title IV-B of the Act and under this part: Absent Without...


eligible deliverers. (a) Funds shall be made available by the Secretary to eligible deliverers for the operation of centers and for the provision of Job...


(a) Contracting officers shall request proposals for the operation of all contract centers and for provision of operational support services, pursuant to the...


The Job Corps Director shall establish a national performance measurement system for centers and other program components which shall include annual...


(a) The Job Corps Director shall approve the location and size of all centers. (b) Contract centers shall be established, relocated or expanded...


The Job Corps Director shall review the ``National Register of Historic Places,'' issued by the National Park Service, to identify sites, buildings, structures, and...


Capital improvement projects and new construction on Job Corps Centers shall be requested and performed in accordance with procedures established by the Job...


contract center facilities owned or leased by Job Corps. The Job Corps Director shall establish procedures for the protection and maintenance of contract...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR638.307] [Page 338] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 638_JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Subpart C_Funding, Site Selection, and Facilities Management Sec. 638.307 Facility surveys. The Job Corps Director shall issue procedures to conduct periodic facility surveys of centers. ...


Corps Sec. 638.400 Eligibility for participation. To participate in the Job Corps, a young man or woman must be an eligible youth who: (a) Is at least...


Corps Sec. 638.401 Outreach and screening of participants. In accordance with procedures issued by the Job Corps Director: (a) The Regional Director, as...


638.402 Enrollment by readmission. Procedures for screening and selection of applicants for readmission shall be issued by the Job...


638.403 Selective Service. The Job Corps Director shall develop procedures to ensure that as a condition of enrollment and continued enrollment: ...


638.404 Transfers. Transfer of a student from one center of assignment to another center shall be made only in accordance with procedures issued by the...


638.405 Extensions of enrollment. The center operator shall see that the total length of enrollment of a student does not exceed two years (section...


638.406 Federal status of students. Students shall not be deemed Federal employees and shall not be subject to the provisions of law relating to...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR638.407] [Page 340] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 638_JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Subpart D_Enrollment, Transfers, Terminations, and Placements in the Job Corps Sec. 638.407 Terminations. The Job Corps Director shall issue procedures for the termination of students. ...


638.408 Transportation. The transportation of students to and from centers shall occur in accordance with procedures issued by the Job...


638.409 Placement and job development. The overall objective of all Job Corps activities shall be to enhance each student's employability and to effect...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR638.500] [Page 340] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 638_JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Subpart E_Center Operations Sec. 638.500 Orientation program. The center operator shall design and implement a reception and orientation program in accordance with procedures issued by the Job Corps Director. ...


shall develop a student handbook which provides essential information to students for distribution to all students in accordance with procedures issued by the Job...


The Job Corps Director shall prescribe or provide for basic education curricula to be used at centers. Students are considered to be in-school youths. The Job Corps Director,...


center shall provide enrollees with competency-based or individualized training in an area which will best contribute to the student's opportunities for permanent long-term...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR638.504] [Page 341] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 638_JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Subpart E_Center Operations Sec. 638.504 Occupational exploration program. An occupational exploration program shall be provided by all centers in accordance with procedures issued by the Job Corps Director. ...


of time for each student's education and vocational training shall be apportioned to the individual needs of each student pursuant to procedures developed by the Job...


The Job Corps Director shall develop procedures for the low-cost sale to students of vocational tools, clothing, and other equipment that are prerequisites...


center operator shall emphasize and implement programs of work experience for students through center program activities or through arrangement with employers. Work experience shall...


The services rendered or objects produced at the center may be sold at cost to students or center employees, but shall not be sold in the community unless such services or products...


center operator may authorize gainful leisure time employment of students as long as such employment does not interfere with required...


The center operator shall provide a health program, including basic medical, dental, and mental health services, for all students from admission until termination from the Job Corps....


Director shall develop procedures to ensure that each center operator offers students counseling and education programs related to drug and alcohol use...


The Job Corps Director shall develop procedures to ensure that center operators establish rules concerning sexual behavior and harassment. See also Sec. Sec. 638.539(g)...


the center operator shall follow procedures established by the Job Corps Director, including notification of next of kin and for disposition of remains. See also...


The center operator shall provide for residential support services structured as an integral part of the overall training program. This service shall include a secure,...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR638.515] [Page 342] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 638_JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Subpart E_Center Operations Sec. 638.515 Recreation/avocational program. The center operator shall develop a recreation/avocational program in accordance with procedures issued by the Job Corps Director. ...


(a) The center operator shall provide adequate laundry services and supplies at no cost to students. Students shall be encouraged to launder, iron, and repair their...


establish and conduct an ongoing structured counseling program in accordance with procedures issued by the Job Corps...


The center operator shall conduct a structured intergroup relations program designed to reduce prejudice, prevent discriminatory behavior by staff and students, and...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR638.519] [Page 343] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 638_JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Subpart E_Center Operations Sec. 638.519 Incentives system. The center operator shall establish and maintain its own incentives system for students in accordance with procedures established by the Job Corps Director. ...


The center operator shall establish an elected student government and student leadership program in accordance with procedures established by the Job...


The center operator shall develop a plan for the organization and operation of a student welfare association, to be run by an elected student government for the benefit of all...


The center operator shall implement a system to evaluate the progress of each student in receiving the maximum benefit from the program. The system shall be developed in...


shall ensure that meals for students are nutritionally well-balanced, of good quality, and sufficient in quantity, in accordance with procedures issued by the Job...


(a) The Secretary shall periodically establish rates of allowances and allotments to be paid students pursuant to section 429 (a), (c), and (d) of the Act, and the Job Corps...


shall establish procedures to provide clothing for [[Page 344]] all students by means of a clothing purchase allowance and by...


shall be considered federal employees for purposes of the Tort Claims Act (28 U.S.C. 2671 et seq.). (Section 436(a)(3)). In the event a student is alleged to be involved in...


(a) Students shall be considered federal employees for purposes of Federal employees' compensation (FEC). (Section 436(a)(2)) (b) Resident students shall be considered to...


that students are covered by title II of the Social Security Act (42 U.S.C. 401 et seq.) and shall pay applicable employment taxes (e.g., the Federal Insurance Contributions...


students are Federal employees for the purposes of the Internal Revenue Code of 1986 (title 26, U.S. Code). The Job Corps Director may obtain from tax authorities...


facilities. The Job Corps Director may provide emergency assistance when there is a threat of natural disaster. Students may be asked to volunteer their services to help...


The Job Corps Director shall develop procedures, when necessary, to safeguard the rights and safety of students who volunteer to be used in...


shall issue procedures to administer the accrual and use of student leave. Such procedures shall provide that: (a) Except for the initial pay period, students shall...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR638.533] [Page 345] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 638_JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Subpart E_Center Operations Sec. 638.533 Other student absences. The Job Corps Director shall develop procedures for authorized student absences and to account for all absences whether authorized or unauthorized. ...


(a) The Job Corps Director shall develop procedures to afford students effective and competent legal representation in criminal and certain civil cases. This shall include...


shall develop procedures to enable eligible students and staff to vote either locally or by absentee ballot. See also Sec. 638.8l4 (a) through (c) of...


worship or not worship as he/she chooses shall not be denied to any student. Religious services may not be held on-center unless the center is so isolated as to make transportation...


(a) Requests for information. The Job Corps Director shall develop administrative procedures to respond to requests for information or records pertaining to students and such...


(a) The center operator shall establish reasonable rules and regulations for student behavior, in accordance with procedures developed by the Job Corps Director. Such...


(a) Center and other deliverer grievance procedures. Each center operator or other Job Corps deliverer shall establish and maintain a grievance procedure for complaints about...


The Job Corps Director shall develop guidelines for the national office's, the regional offices', and for deliverers' maintenance of cooperative relationships with...


The Job Corps Director shall develop policies and requirements which will ensure linkages, where feasible, with other Federal, State and local programs to enhance the provision...


Corps centers shall, where practicable, arrange for the provision of child care for students with dependent children. (b) Center operators may propose and, with the approval of...


Each center operator shall establish a community relations program, which shall include establishment of a community relations council which includes student representation....


(VST) through work projects. (a)(1) The Job Corps Director shall establish procedures for administering applied vocational skills training (VST) projects;...


The Job Corps Director shall establish procedures to ensure that center operators maintain applied VST project funds as a separate center budget line item and maintain...


demonstration projects. (a) The Job Corps Director, at his or her discretion, may undertake experimental, research, or demonstration projects for the purpose...


(a) The Job Corps Director shall establish and use internal program management procedures sufficient to prevent fraud or program abuse. The Job Corps Director shall ensure...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR638.801] [Page 349] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 638_JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Subpart H_Administrative Provisions Sec. 638.801 Staff training. The Job Corps Director shall establish guidelines for necessary training for national office, regional office, and deliverer staff. ...


The Job Corps Director shall develop guidelines for a system of maintaining records for each student during enrollment and for the disposition of such records...


shall establish procedures to ensure that students are not required or permitted to work, to be trained, to reside, or to receive services in buildings or surroundings...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR638.804] [Page 349] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 638_JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Subpart H_Administrative Provisions Sec. 638.804 Environmental health. The Job Corps Director shall provide guidelines for proper environmental health conditions. ...


(a) The Job Corps Director shall provide guidelines to protect the security [[Page 350]] of students, staff, and property on-center on a...


The Job Corps Director shall develop procedures to establish and maintain a system for acquisition, protection, preservation, maintenance, and disposition of Job Corps...


Federally operated centers shall establish auditable imprest funds. Contract centers shall establish auditable petty cash funds. The Job Corps Director shall develop procedures...


The Job Corps Director shall establish procedures to ensure that each center operator and each subcontractor maintain a financial management system that will...


Labor, the DOL Office of Inspector General, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books,...


The Job Corps Director shall establish procedures to ensure timely and complete reporting of such program information as is necessary to maintain accountability for the Job Corps...


The Job Corps Director shall establish adequate program management to provide continuous examination of the performance of the components of...


deliverers. The Act provides that transactions conducted by a private for-profit deliverer or a nonprofit deliverer in connection with the deliverer's operation of...


(a) Nondiscrimination. Center operators and other deliverers, and subcontractors and/or subrecipients of center operators and other deliverers shall comply with...


No funds provided under the Act may be used in any way: (a) To attempt to influence in any manner a member of Congress to favor or oppose any legislation...


organization shall charge an individual a fee for the placement or referral of such individual in or to a training program under the Act....


must give notice? 639.5 When must notice be given? 639.6 Who must receive notice? 639.7 What must the notice contain? 639.8 How is the notice served? 639.9...


at least 60 days' notice of such an employment action. While the 60-day period is the minimum for advance notice, this provision is not intended to discourage employers...


more employees, excluding part-time employees; or (ii) 100 or more employees, including part-time employees, who in the aggregate work at least 4,000 hours per week, exclusive...


the end of a 60-day period after the employer serves written notice of such an order * * *.'' Therefore, an employer who is anticipating carrying out a plant closing or...


this section and in Sec. 639.9 of this part, notice must be given at least 60 calendar days prior to any planned plant closing or mass layoff, as defined in these...


of the time notice is required to be given or, if there is no such representative at that time, to each affected employee. Notice also must be served on the State dislocated worker...


has been given more than 60 days in advance, but does not contain all of the required elements set out in this section, the employer must ensure that all of the...


designed to ensure receipt of notice of least 60 days before separation is acceptable (e.g., first class mail, personal delivery with optional signed receipt). In the case...


notification period may be reduced to less than 60 days. The employer bears the burden of proof that conditions for the exceptions have been met. If one of the exceptions...


or mass layoff is extended beyond the date or the ending date of any 14-day period announced in the original notice as follows: (a) If the postponement is for less than...


of Federal law requirements. 640.4 Standard for conformity. 640.5 Criteria for compliance. 640.6 Review of State compliance. 640.7 Benefit...


requires that a State law include provision for: Such methods of administration * * * as are found by the Secretary of Labor to be reasonably calculated to...


of the Social Security Act to require that a State law include provision for such methods of administration as will reasonable insure the full payment of...


provision requiring, or which is construed to require, such methods of administration as will reasonably insure the full payment of unemployment benefits to...


the administration of a State law, there has been substantial compliance with the provision required by section 303(a)(1) in the issuance of benefit payments to eligible...


for compliance, as set out in Sec. Sec. 640.2(b) and 640.3(b). Annual reviews shall be for the 12-month period ending on March 31 of each year. An annual review...


be submitted by a State agency to the Department of Labor when average performance over a 12-month period ending on March 31 of any year does not meet the criteria specified...


an extended period, to meet the standard set forth in Sec. 640.4 or the criteria specified in Sec. 640.5, or fails to show satisfactory improvement after having submitted a...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR640.9] [Page 364] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 640_STANDARD FOR BENEFIT PAYMENT PROMPTNESS_UNEMPLOYMENT COMPENSATION --Table of Contents Sec. 640.9 Information, reports and studies. A State shall furnish to the Secretary of Labor such information and reports and make such studies as the Secretary decides are necessary or appropriate to carry out this part. ...


A_Introductory Provisions 641.101 Scope and purpose. 641.102 Definitions. Subpart B_Grant Planning and Application Procedures 641.201 Allocation...


OAA means the Older Americans Act of 1965, as amended (42 U.S.C. 3001 et seq.). Area agency on aging means an area agency on aging designated under...


(a) Allotment. The Secretary shall allot funds for projects in each State in accordance with the distribution requirements contained in section 506(a) of the OAA. ...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR641.202] [Page 367] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 641_SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM--Table of Contents Subpart B_Grant Planning and Application Procedures Sec. 641.202 Eligibility for title V funds. Agencies and organizations eligible to receive title V funds shall be those specified in sections 502(b) and 506(a) of the OAA. ...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR641.203] [Page 367] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 641_SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM--Table of Contents Subpart B_Grant Planning and Application Procedures Sec. 641.203 Soliciting applications for title V funds. The Department may solicit or request organizations to submit applications for funds. ...


Department shall establish, by administrative directive, schedules for submittal of grant preapplications and applications; the contents of grant applications, including goals...


and continue a grant relationship with DOL, an organization (applicant) shall be responsible. To determine responsibility, DOL conducts a preaward review of...


review each timely grant application submitted by an eligible organization. (b) In reviewing and considering an application, the Department shall determine the...


an eligible organization to arrive at a grant agreement if the application generally meets requirements set forth in this part. (b) The subjects of negotiation may...


(a) The Department may question any proposed project component if it believes that the component will not serve the purposes of the OAA; if negotiation does not produce...


State government or a public or private non-profit organization, the award of funds to a grantee shall be accomplished through the execution of a grant agreement prepared by...


and procedures to be followed by all organizations receiving title V funds for the purpose of operating SCSEP grant agreements and projects. (b) The dual...


wages, for community service assignments, and provide skill enhancement opportunities, periodic physical examinations, personal and employment-related...


to the maximum extent feasible, cooperate with other agencies, including agencies conducting programs under the JTPA, to provide services to elderly persons, to persons...


use methods of recruitment and selection (including notifying the State employment security agency when vacancies occur) which will assure that the maximum number of...


forth in this section apply to all SCSEP applicants and enrollees, including the following individuals: (1) Each individual seeking initial enrollment; (2)...


507(1) of the OAA, enrollment priorities for filling all positions shall be as follows: (1) Eligible individuals with the greatest economic need; (2)...


orientation to eligible individuals who are enrolled as soon as practicable after a determination of eligibility. The orientation shall provide, as...


or subgrantee shall assess each enrollee under the grant or subgrant, respectively, to determine the most suitable community service assignment and to identify...


After the completion of an enrollee's orientation and initial training, if any, the grantee or subgrantee shall refer the enrollee, as soon as possible, to a...


part-time community service assignments, including orientation and training in preparation for community service assignments, each enrollee shall receive wages at a rate no...


provide supportive services designed to assist the enrollee in participating successfully in community service assignments and, where appropriate, to prepare and assist...


arrange for training specific to an enrollee's community service assignment. Training may be provided through lectures, seminars, classroom instruction, individual instruction...


the maximum number of eligible individuals have an opportunity to participate in community service assignments, the grantee or subgrantee shall employ reasonable means...


be established by the grantee in the grant agreement, when authorized by the Department. Time limits on enrollment shall be reasonable and IDPs shall provide for...


enrollee refuses to accept a reasonable number of referrals or job offers to unsubsidized employment consistent with his or her IDP and there are no extenuating circumstances,...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR641.317] [Page 376] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 641_SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM--Table of Contents Subpart C_Grant Operations Sec. 641.317 Status of enrollees. Enrollees who are employed in any project funded under the OAA are not deemed to be Federal employees as a result of such employment. [Section 504(a) of the OAA.] ...


portion of project funds from being fully utilized, the grantee may use those funds during the period of the agreement to over-enroll additional eligible individuals....


terminate an individual based on that individual's political affiliations or beliefs. The selection or advancement of enrollees as a reward for political services, or as...


of the OAA or this part may involve political activities. (1) No enrollee or staff person may be permitted to engage in partisan or nonpartisan political activities...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR641.322] [Page 377] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 641_SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM--Table of Contents Subpart C_Grant Operations Sec. 641.322 Unionization. No funds provided under title V of the OAA or this part may be used in any way to assist, promote, or deter union organizing. ...


may be a work site for a person who works in an administrative capacity, staff position, or community service position funded under title V of the OAA or this part if...


establish and describe in the grant agreement procedures for resolving complaints, other than those described by paragraph (c) of this section, arising between the grantee and...


title V of the OAA or this part shall be only in addition to budgeted employment which would otherwise be funded by the grantee, subgrantee and the host agency(ies)...


may authorize a grantee to develop an experimental job [[Page 378]] training project(s) designed to provide second career training and the placement...


General. This subpart establishes limitations on title V funds to be used for community service activities and describes, or incorporates by reference,...


Administrative requirements. (a) Except as otherwise provided in this part, title V funds shall be administered in accordance with, and subject to, the...


Allowable costs. (a) General. The allowability of costs shall be determined in accordance with the cost principles indicated in paragraph (b) of this section,...


Classification of costs. All costs must be charged to one of the following three cost categories: (a) Administration. The cost category of Administration...


Limitations on federal funds. (a) The limitations on federal funds set forth in this section shall apply to SCSEP funds allotted to grantees for community...


Administrative cost waiver. (a) Based upon information submitted by a public or private nonprofit agency or organization with which the Department has or proposes to...


Non-federal share of project costs. The non-federal share of costs may be in cash or in-kind, or a combination of the two, and shall be calculated in accordance with...


Budget changes. As an exception to 29 CFR 97.30(c)(1), Budget changes, 29 CFR 95.25, Revision of budget and program plans, the movement of Enrollee wages and...


Grantee fiscal and performance reporting requirements. (a) In accordance with 29 CFR 97.40 or 29 CFR 95.51, as appropriate, each grantee shall submit a Senior...


Subgrant agreements. (a) The grantee is responsible for the performance of all activities implemented under subgrant agreements and for compliance by the subgrantee...


Program income accountability. Any of the methods described at 29 CFR 97.25 or 29 CFR 95.24, as appropriate, may be used to account for...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR641.412] [Page 381] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 641_SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM--Table of Contents Subpart D_Administrative Standards and Procedures for Grantees and Limitations on Federal Funds Sec. 641.412 Equipment. Equipment purchased by a State grantee with title V funds prior to July 1, 1989, shall be subject to 29 CFR 97.32. ...


Audits. Each grantee is responsible for complying with the Single Audit Act of 1984 (31 U.S.C. 7501 et seq.) and 29 CFR part 96, the Department of Labor regulation...


Grant closeout procedures. Grantees shall follow the grant closeout procedures at 29 CFR 97.50 or 29 CFR 95.71, as appropriate. As necessary, the Department shall...


Department of Labor appeals procedures for grantees. (a) This section sets forth the procedures by which the grantee may appeal a SCSEP final determination by...


Department of Labor which receive and use funds under title V of the OAA or this part shall submit to DOL project fiscal and progress reports as described in Sec....


subgrantee to determine whether it is carrying out the purposes and provisions of title V of the OAA and this part in accordance with the OAA, this part and the grant...


the evaluation of a subgrantee, or the evaluation of the overall program under title V of the OAA or this part, the Department shall not use any individual, institution,...


Subpart A_Scope and Purpose Sec. 645.100 What does this part cover? 645.110 What are the purposes of the Welfare-to-Work program? 645.120 What definitions apply to...


of the WtW program are: (a) To facilitate the placement of hard-to-employ welfare recipients and certain noncustodial parents into transitional employment...


under this part: Act means Title IV, Part A of the Social Security Act, 42 U.S.C. 601-619. Adult means an individual who is not a minor child. ...


governance of the WtW program? (a) Local boards or alternate administering agencies, in coordination with CEO's should establish policies, interpretations, guidelines...


The legislative changes made by the 1999 amendments: (a) Are effective on November 29, 1999, except as provided in paragraphs (b) and (c) of this section; ...


on newly eligible participants and newly authorized services? States and local areas may expend matching funds beginning July 1, 2000. States and local areas...


general program and administrative requirements for WtW formula funds, including Governors' funds for long- term recipients of assistance, and for competitive grant...


statutory phrase ``an entity that operates a project'' with Welfare-to-Work funds? The terms ``entity'' and ``project'', in the statutory phrase ``an...


An operating entity, as described in Sec. 645.210 of this subpart, may spend not more than 30 percent of the WtW funds allotted to or awarded to the...


parent eligibility (primary eligibility) provision? An individual may be served under this provision if: (a)(1) (S)he is currently receiving TANF...


percent) provision? Any individual may be served under this provision if (s)he: (a) Is currently receiving TANF assistance (as described in Sec....


(a) The operating entity, as described in Sec. 645.210(a)(1), (b)(1), and (c)(1) of this [[Page 389]] subpart, is accountable for ensuring...


participants do? (a) In programs that serve noncustodial parents, the operating entity must give preference to those noncustodial parents who qualify...


Entities operating WtW projects may use WtW funds for the following: (a) Job readiness activities, subject to the requirements of Sec. 645.221 of this subpart. ...


or vouchers? (a) Local boards and PIC's must provide the following activities and services through vouchers or contracts with public or private providers:...


through TANF and other related programs? (a) Activities provided through WtW must be coordinated effectively at the State and local levels with activities...


the use of Federal funds? (a) Uniform fiscal and administrative requirements. (1) State, local, and Indian tribal government organizations are required to follow...


funds? (a) Formula grant funds: The maximum time limit for the expenditure of a given fiscal year allotment is three years from the effective date...


limit on Welfare-to-Work grants? (a) Administrative cost limitation (section 404(b)(1)).--(1) Formula grants to states. Expenditures...


(a) General. State formula and other direct competitive grant recipients must report financial and participant data in accordance with revised instructions...


(a) The Secretary may monitor all recipients and subrecipients of all grants awarded and funds expended under WtW. Federal oversight will be...


from audits, investigations, monitoring and oversight reviews? (a) Resolution of subrecipient level findings. (1) The WtW grantee is responsible for the...


Welfare-to-Work programs? (a) All participants in WtW programs under this part shall have such rights as are available under all applicable Federal, State and...


Welfare-to-Work programs? (a) Participants in an employment activity operated with WtW funds, as defined in Sec. 645.220 of this part, are subject to the same...


Welfare-to-Work employment activities do not displace other employees? (a) An adult participating in an employment activity operated with WtW funds, as described in...


may file grievances regarding displacement and that Welfare-to-Work participants in employment activities may file grievances ...


an allowable match? (a) A State is entitled to receive two (2) dollars of Federal funds for every one (1) dollar of State match expenditures, up to the...


a State provide that it will make the required matching expenditures? In its State plan, a State must provide a written estimate of planned matching...


are to be taken if a State fails to make the required matching expenditures? (a) If State match expenditures do not satisfy the requirements of the FY grant award...


an alternate local administering agency? (a)(1) The Governor may include in the State's WtW Plan a waiver request to select an agency other than the local board...


State? (a) Of the WtW funds allotted to the State, not less than 85 percent of the State allotment must be distributed to the local areas or SDA's in...


a formula grant? (a) Each State seeking financial assistance under the formula grant portion of the WtW legislation must submit an annual plan meeting...


(a) The Department will use the following factors to measure State performance: (1) Job entry rate as measured by the proportion of WtW participants who enter...


boards or alternate administering agencies? (a) State roles and responsibilities. A State: (1) Designates State WtW administering agency; (2)...


Workforce Investment Act (WIA) programs? (a) As provided in the Workforce Investment Act regulations at 20 CFR 663.620, the local WtW formula grant program...


(a) Eligible applicants for competitive grants are: (1) Local boards or alternate administering agencies (2) Political subdivisions of a State; and (3)...


(a) All applicants for competitive grants, including local boards or alternate administering agencies and political subdivisions, must consult with the Governor by submitting...


both the formula grants and competitive grants? (a) All of the general program requirements and administrative standards set by 29 CFR Part 645 Subpart B apply...


funds? (a) The Secretary shall establish appropriate application procedures, selection criteria and an approval process to ensure that grant awards...


with large concentrations of poverty? (a) Competitive grant awards will be targeted to geographic areas of significant need. In developing application procedures,...


(a) Within 21 days of receipt of a final determination that has directly imposed a sanction or corrective action pursuant to Sec. 645.250(b) of this part, a...


Programs Sec. 646.100 What is the purpose of the Indian and Native American Welfare-to-Work (INA WtW) Program? Subpart A_Introduction to Indian...


Programs Sec. 646.105 What are the purposes of these regulations? These regulations are designed to provide INA WtW program operators with the basic rules...


Programs Sec. 646.110 What are the administrative requirements for the INA WtW Program? Tribes and tribal consortia who are participating in the INA...


Programs Sec. 646.115 What are the definitions which apply uniquely to the INA WtW program? The definition of ``substantial services'' is only applicable...


to receive INA WtW grants? The three categories of Federally-recognized Indian tribes or Alaska Native regional nonprofit corporations eligible to receive INA...


to receive INA WtW grants in Alaska? The twelve Alaska Native regional nonprofit corporations, along with the Metlakatla Indian Community of the Annette...


of tribes which do not operate TANF or NEW programs still receive an INA WtW grant? Yes, although the consortium must collectively meet the ``substantial...


that it is currently providing ``substantial services'' to public assistance recipients? Tribes which currently operate employment programs funded through...


TANF/NEW tribes regarding the provision of ``substantial services''? None. Tribes which operate TANF or NEW programs do not need to meet the criteria for...


INA WtW grant, is the tribe required to participate in an evaluation of the program? Yes. The Act specifies that each INA WtW grantee ``must agree to negotiate in...


an INA WtW grant? Each eligible tribe must submit an INA WtW plan to the Department of Labor in accordance with the planning instructions issued by the...


apply for an INA WtW grant on behalf of consortium member tribes approved to operate a TANF or NEW program? Yes. Consortium member tribes...


operate their own TANF/NEW programs, and some do not. Can we still apply for an INA WtW grant as a consortium? Yes. For those consortium member tribes which...


operating TANF or NEW programs meet the ``substantial services'' criteria, do we then have to submit two separate INA WtW plans? Yes. Because of the...


single INA WtW program for our ``mixed consortium'' for FY 1998, must we submit a single plan to the Department for FY 1999? Yes. All FY 1998 INA WtW grantees...


required of a tribal consortium? Consortium tribes must submit a legally-binding consortium agreement signed by all the tribes in the consortium with the...


receive an INA WtW grant for FY 1998, can we still receive funding for FY 1999? Yes, provided the tribe or consortium is eligible under the criteria cited at Sec....


are eligible for services under INA WtW grants? Individual TANF clients must meet the conditions outlined at section 403(a)(5)(C), clauses (ii), or (iii),...


allowable under the Welfare-to-Work program? All allowable activities are described at section 403(a)(5)(C)(i) of the Social Security Act. INA WtW funds shall...


special rules governing the use of job vouchers? In addition to the requirements at 29 CFR 97.36(i) and 29 CFR 95.48, contracts or vouchers for job placement...


``job readiness'' services are allowable under the INA WtW Program? Job readiness services include activities necessary to prepare an individual for employment....


be provided under the ``supportive services'' category? The provision of supportive services must be directly related to retaining employment, and not...


education or training activities allowable under the INA WtW grant? Although the Act does not authorize the use of grant funds for independent or stand-alone...


time limits on client participation under the INA WtW program? There are no specific participant time limitations for the INA WtW program. However, grantees should...


is my tribe's service area and/or population under an INA WtW grant? NEW tribes will have the same service area and service population as they have under...


qualify for an INA WtW grant under the ``substantial services'' criteria. How will our service area be determined? Tribes qualifying for the INA WtW...


area provisions made for Indians residing in Oklahoma? Yes. With the exception of the Osage reservation in Oklahoma, service areas will be determined by...


funding allotments be determined? Funds will be allotted to INA WtW grantees on a formula basis. To determine the FY 1998 allotments, poverty data from the...


imposed on the INA WtW program? No less than seventy percent (70%) of INA WtW funds must be spent directly on assistance for the benefit of TANF recipients who...


is applicable to the INA WtW program? Administrative costs consist of all direct and indirect costs associated with the management of the grantee's...


to spend INA WtW funds? INA WtW grantees must expend all allotted funds within three years after the effective date of each fiscal year grant agreement signed by...


on the use of INA WtW funds? Yes. INA WtW funds may not be used for any other fund matching requirements under this Act or other Federal law, pursuant to...


for the INA WtW program? Tribes must meet the recordkeeping and retention requirements of the Department's regulations at 29 CFR 97.42....


for the INA WtW program? Grantees are required to submit both quarterly and annual reports covering program activity and financial expenditures. Two forms...


TANF program required to report INA WtW activities under TANF as well? Yes. Pursuant to the requirements of section 411 of the Social Security Act, INA WtW grantees...


under the INA WtW program? Yes. The Secretary of Labor may waive or modify any provision of section 403(a)(5)(C) [except for clause...


tribes have to meet under the INA WtW program? The Secretary has determined that the most important measures of the tribe's performance are the number...


INA WtW grant with other employment and training programs under Pub. L. 102-477, the Indian Employment, Training and Related Services Demonstration Act of...


laws which must be followed by INA WtW grantees? All otherwise applicable Federal statutes, including those dealing with equal employment opportunity,...


appeal rights under the INA WtW program? The administrative procedures in proceedings initiated by grantees funded under section 401 of the Job Training Partnership Act,...


must be met when the INA WtW program ends? In accordance with the Department's regulations at 29 CFR 97.50 for tribes and 29 CFR 95.71 for nonprofits,...


law requirements. 650.3 Secretary's interpretation of Federal law requirements. 650.4 Review of State law and criteria for review of State compliance. 650.5 Annual...


include provision for: Such methods of administration * * * as are found by the Secretary of Labor to be [[Page 414]] reasonably calculated to insure...


303(a)(3) above to require that a State law include provision for-- (1) Hearing and decision for claimants who are parties to an appeal from a benefit determination to...


Sec. 650.3(a) if after calendar year 1973 it contains a provision requiring, or is construed to require, hearing and decision for claimants who are parties to...


year, each State shall submit an appeals performance plan showing how it will operate during the following calendar year so as to achieve or maintain the issuance of at...


Employment Service (Administrator) means the chief official of the United States Employment Service (USES) or the Administrator's designee. Affirmative action...


Subpart A_Employment Service Operations Sec. 652.1 Introduction and definitions. 652.2 Scope and purpose of the employment service system. 652.3...


The basic purpose of the employment service system is to improve the functioning of the nation's labor markets by bringing together individuals who are seeking...


State shall administer a labor exchange system which has the capacity: (a) To assist jobseekers in finding employment; (b) To assist employers in filling jobs; ...


(a) Allotments. The Secretary shall provide planning estimates in accordance with section 6(b)(5) of the Act. Within 30 days of receipt of planning estimates from the Secretary,...


each State under section 6 of the Act must be expended consistent with an approved plan under 20 CFR 661.220 through 661.240 and Sec. Sec. 652.211 through 652.214. At a...


Requirements. The Employment Security Manual shall not be applicable to funds appropriated under the Wagner-Peyser Act. Except as provided for in paragraph (f) of...


make no job referral on job orders which will aid directly or indirectly in the filling of a job opening which is vacant because the former occupant is on strike, or is being...


veterans are administered by the Office of the Assistant Secretary for Veterans' Employment and Training (OASVET). OASVET's general regulations are located in chapter IX of...


What is the purpose of this subpart? Source: 65 FR 49462, Aug. 11, 2000, unless otherwise noted. (a) This subpart provides guidance to States...


652.201 What is the role of the State agency in the One-Stop delivery system? (a) The role of the State agency in the One-Stop delivery system is to ensure...


May local Employment Service Offices exist outside of the One-Stop service delivery system? (a) No, local Employment Service Offices may not exist outside...


Who is responsible for funds authorized under the Act in the workforce investment system? The State agency retains responsibility for all funds...


Must funds authorized under section 7(b) of the Act (the Governor's reserve) flow through the One-Stop delivery system? No, these funds are reserved for use by...


May funds authorized under the Act be used to supplement funding for labor exchange programs authorized under separate legislation? (a) Section 7(c) of the...


May a State use funds authorized under the Act to provide ``core services'' and ``intensive services'' as defined in WIA? Yes, funds authorized under section...


652.207 How does a State meet the requirement for universal access to services provided under the Act? (a) A State has discretion in how it meets the requirement...


How are core services and intensive services related to the methods of service delivery described in Sec. 652.207(b)(2)? Core services and intensive services may...


What are the requirements under the Act for providing reemployment services and other activities to referred UI claimants? (a) In accordance with section 3(c)(3)...


What are the Act's requirements for administration of the work test and assistance to UI claimants? (a) State UI law or rules establish the requirements under...


What are State planning requirements under the Act? The State agency designated to administer funds authorized under the Act must prepare for submission by...


652.212 When should a State submit modifications to the five-year plan? (a) A State may submit modifications to the five-year plan as necessary during...


What information must a State include when the plan is modified? A State must follow the instructions for modifying the strategic five-year plan in 20...


How often may a State submit modifications to the plan? A State may modify its plan, as often as needed, as changes occur in Federal or State law or...


Do any provisions in WIA change the requirement that State merit-staff employees must deliver services provided under the Act? No, the Secretary requires that...


May the One-Stop operator provide guidance to State merit-staff employees in accordance with the Act? Yes, the One-Stop delivery system envisions a partnership...


Services of the Employment Service System [Reserved] Subpart B_Services for Migrant and Seasonal Farmworkers (MSFWs) Sec. 653.100 Purpose and scope...


(a) Each State agency and each local office shall offer to migrant and seasonal farmworkers (MSFWs) the full range of employment services, benefits...


job order information conspicuous and available to MSFWs in all local offices. This information shall include Job Bank information in local offices where it is available....


shall determine whether or not applicants are MSFWs as defined at Sec. 651.10 of this chapter. (b) Except as provided in Sec. 653.105, when an MSFW applies for JS...


crew members. (a) In addition to other requirements in this subpart, the following special requirements are established for services to MSFW family...


the State agency is operating a day-haul facility under the exceptional circumstances provisions described in Sec. 653.106(a), a list of JS services shall be distributed and a...


not establish, operate, or supervise any agricultural day-haul facilities unless exceptional circumstances warrant such action and prior approval of the Regional...


an outreach program in order to locate and to contact MSFWs who are not being reached by the normal intake activities conducted by the local offices. Upon receipt of...


shall assure that their State agencies monitor their own compliance with JS regulations in serving MSFWs on an ongoing basis. The State Administrator shall have...


data on MSFWs, including data on the number (1) contacted through outreach activities, (2) registering for service, (3) referred to agricultural jobs, (4) referred...


disclose to the public, on written request, in conformance with applicable State and Federal law, the data collected by State and local offices pursuant to Sec. 653.109, if...


a statewide basis, staff representative of the racial and ethnic characteristics in the work force shall be distributed in substantially the same proportion among (1) all...


State agency, in its annual program budget plan, shall describe its plan to carry out the requirements of this subpart in the following year. The plan shall include,...


agency employee observes, has reason to believe, or is in receipt of information regarding a suspected violation of employment related laws or JS regulations by an employer, except...


10, 1980, unless otherwise noted. This section contains the requirements for acceptance and handling of intrastate and interstate job clearance orders seeking workers...


(a) In view of the statutorily established basic function of the job service [[Page 441]] as a no-fee labor exchange, that is, as a forum for bringing...


labor demand State agency learns that a crop is maturing earlier than expected or that other material factors, including weather conditions and recruitment levels, have changed,...


offices or otherwise, shall conduct random, unannounced field checks at a significant number of agricultural worksites to which JS placements have been made through...


Subpart A_Responsibilities Under Executive Order 12073 Sec. 654.1 Purpose of subpart. 654.3 Description of Executive Order 12073. 654.4...


Executive Order 12073 requires executive agencies to emphasize procurement set-asides in labor surplus areas. The Secretary of Labor is responsible under this order for...


mean Assistant Secretary for Employment and Training, U.S. Department of Labor. (b) Civil jurisdiction shall mean: (1) Cities of 25,000 or more population on...


(a) Basic criteria. The Assistant Secretary shall classify a civil jurisdiction as a labor surplus area whenever, as determined by the Bureau of Labor Statistics, the...


(a) Basic procedure. The Assistant Secretary shall terminate the classification of a civil jurisdiction as a labor surplus area after any year in which the Assistant Secretary...


The Assistant Secretary shall publish annually a list of labor surplus areas together with geographic descriptions thereof. The Assistant Secretary periodically may cause...


areas. To carry out the purposes and policy objectives of Executive Order 12073 and Executive Order 10582, the Assistant Secretary shall cooperate with and assist...


that the Department of Labor has violated the labor surplus area regulations should be mailed to the Assistant Secretary for Employment and Training, U.S. Department of...


list of labor surplus areas for the period June 1, 1982, through May 31, 1983, shall be extended through September 30, 1983. [48 FR 15616, Apr....


U.S.C. 10a et seq.; 29 U.S.C. 49 et seq.; 15 U.S.C. 644(n); E.O. 12073, E.O. 10582 as amended by E.O. 11051 and 12148. This subpart implements the responsibilities...


(a) Under the Buy American Act, heads of executive agencies are required to determine, as a condition precedent to the purchase by their agencies of materials of...


An area of substantial unemployment, for purposes of Executive Order 10582, shall be any area classified as a labor surplus area at Sec. 654.5 of this part...


under subpart B of this part alleging that the Department of Labor has violated the labor surplus area regulations shall be made pursuant to the procedures set forth at...


49k; 8 U.S.C. 1188(c)(4); 41 Op.A.G. 406 (1959). Source: 45 FR 14182, Mar. 4, 1980, unless otherwise noted. Purpose...


(a) Employers whose housing was constructed in accordance with the ETA housing standards may continue to follow the full set of ETA standards set forth in this subpart only...


apply for a permanent, structural variance from a specific standard(s) in this subpart by filing a written application for such a variance with the local Job Service office serving...


clearance system. (a) Filing requests for conditional access--(1) ``Noncriteria'' employers. Except as provided in paragraph (a)(2) of this section, an...


be well drained and free from depressions in which water may stagnate. They shall be located where the disposal of sewage is provided in a manner which neither creates nor is...


supply of water that meets the standards of the State health authority shall be provided. (b) A cold water tap shall be available within 100 feet of each...


(a) Facilities shall be provided and maintained for effective disposal of excreta and liquid waste. Raw or treated liquid waste shall not be discharged or allowed to accumulate on...


in good repair, in a sanitary condition and shall provide protection to the occupants against the elements. (b) Housing shall have flooring constructed of...


be protected with screening of not less than 16 mesh. (b) All screen doors shall be tight fitting, in good repair, and equipped with...


service rooms shall be provided with properly installed, operable heating equipment capable of maintaining a temperature of at least 68[deg] F. if during the period of...


sites shall be provided with electric service. (b) Each habitable room and all common use rooms, and areas such as: Laundry rooms, toilets, privies, hallways, stairways,...


and maintained so as to prevent any nuisance or public health hazard. (b) Water closets or privy seats for each sex shall be in the ratio of not less than...


(a) Bathing and handwashing facilities, supplied with hot and cold water under pressure, shall be provided for the use of all occupants. These facilities shall be clean and sanitary...


(a) When workers or their families are permitted or required to cook in their individual unit, a space shall be [[Page 453]] provided and equipped for cooking and...


clean containers in good condition of a minimum capacity of 20 gallons, shall be provided adjacent to each housing unit for the storage of garbage and other refuse....


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR654.415] [Page 453] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 654_SPECIAL RESPONSIBILITIES OF THE EMPLOYMENT SERVICE SYSTEM --Table of Contents Subpart E_Housing for Agricultural Workers Sec. 654.415 Insect and rodent control. Housing and facilities shall be free of insects, rodents, and other vermin. ...


shall be provided for each person. Such facilities shall consist of comfortable beds, cots, or bunks, provided with clean mattresses. (b) Any bedding provided by...


(a) All buildings in which people sleep or eat shall be constructed and maintained in accordance with applicable State or local fire and safety laws. (b) In family housing...


Administrator under subparts A, B, and C. Subpart A_Labor Certification Process for Temporary Employment in Occupations Other Than Agriculture,...


part, temporary labor certification determinations under subparts A, B, and C of this part are ordinarily made by the Regional Administrator of an Employment and...


in the United States (H 2B Workers) Sec. 655.1 Scope and purpose of subpart A. This subpart sets forth the procedures governing the...


in the United States (H 2B Workers) Sec. 655.2 Applications. Application forms for certification of temporary employment of...


in the United States (H 2B Workers) Sec. 655.3 Determinations. (a) When received, applications for certification shall be forwarded...


in the United States (H 2B Workers) Sec. 655.4 Territory of Guam. Subpart A of this part does not apply to temporary employment in...


655.90 Scope and purpose of subpart B. Source: 52 FR 20507, June 1, 1987, unless otherwise noted. (a) General. This subpart sets out the...


655.92 Authority of the Regional Administrator. Under this subpart, the accepting for consideration and the making of temporary alien agricultural...


655.93 Special circumstances. (a) Systematic process. The regulations under this subpart are designed to provide a systematic process for handling...


655.100 Overview of this subpart and definition of terms. (a) Overview--(1) Filing applications. This subpart provides guidance to an employer who desires...


655.101 Temporary alien agricultural labor certification applications. (a) General--(1) Filing of application. An employer who anticipates a shortage of...


655.102 Contents of job offers. (a) Preferential treatment of aliens prohibited. The employer's job offer to U.S. workers shall offer the U.S. workers no...


655.103 Assurances. As part of the temporary alien agricultural labor certification application, the employer shall include in the job offer a...


655.104 Determinations based on acceptability of H-2A applications. (a) Local office activities. The local office, using the job offer portion of the...


655.105 Recruitment period. (a) Notice of acceptance of application for consideration; required recruitment. If the RA determines that the H-2A...


655.106 Referral of U.S. workers; determinations based on U.S. worker availability and adverse effect; activities after receipt of the temporary...


655.107 Adverse effect wage rates (AEWRs). (a) Computation and publication of AEWRs. Except as otherwise provided in this section, the AEWRs for all...


655.108 H-2A applications involving fraud or willful misrepresentation. (a) Referral for investigation. If possible fraud or willful...


655.110 Employer penalties for noncompliance with terms and conditions of temporary alien agricultural labor certifications. (a) Investigation of...


655.111 Petition for higher meal charges. (a) Filing petitions. Until a new amount is set pursuant to this paragraph (a), the RA may permit an employer...


655.112 Administrative review and de novo hearing before an administrative law judge. (a) Administrative review--(1) Consideration. Whenever an...


655.113 Job Service Complaint System; enforcement of work contracts. Complaints arising under this subpart may be filed through the Job Service Complaint...


655.200 General description of this subpart and definition of terms. Source: 43 FR 10313, Mar. 10, 1978, unless otherwise noted. (a) This subpart...


655.201 Temporary labor certification applications. (a) (1) An employer who anticipates a labor shortage of workers for agricultural or logging employment may...


655.202 Contents of job offers. (a) So that the employment of aliens will not adversely affect the wages and working conditions of similarly employed U.S....


655.203 Assurances. As part of the temporary labor certification application, the employer shall include assurances, signed by the employer, that: (a) The...


655.204 Determinations based on temporary labor certification applications. (a) Within two working days after the temporary labor certification application...


655.205 Recruitment period. (a) If the RA determines that the temporary labor certification application meets the requirements of Sec. Sec. 655.201...


655.206 Determinations of U.S. worker availability and adverse effect on U.S. workers. (a) If the RA, in accordance with Sec. 655.205 has determined that...


655.207 Adverse effect rates. (a) Except as otherwise provided in this section, the adverse effect rates for all agricultural and logging employment shall be...


655.208 Temporary labor certification applications involving fraud or willful misrepresentation. (a) If possible fraud or willful misrepresentation involving...


655.209 Invalidation of temporary labor certifications. After issuance, temporary labor certifications are subject to invalidation by the INS upon a...


655.210 Failure of employers to comply with the terms of a temporary labor certification. (a) If, after the granting of a temporary labor certification, the RA...


655.211 Petition for higher meal charges. (a) Until a new amount is set pursuant to this paragraph (a), the RA may permit an employer to charge workers up to $6.17...


655.212 Administrative-judicial reviews. (a) Whenever an employer has requested an administrative-judicial review of a denial of an application or a petition...


655.215 Territory of Guam. Subpart C of this part does not apply to temporary employment in the Territory of Guam, and the Department of Labor does not certify to...


Purpose and scope of subparts D and E. Source: 59 FR 882, 897, Jan. 6, 1994, unless otherwise noted. (a) Purpose. The Immigration and Nationality Act...


Overview of process. This section provides a context for the attestation process, to facilitate understanding by health care facilities that may...


Definitions. For the purposes of subparts D and E of this part: Accepted for filing means that the attestation and supporting documentation submitted by...


Definitions. For the purposes of subparts D and E of this part: Accepted for filing means that the attestation and supporting documentation submitted by...
...


State plans. A State may submit an annual plan for the recruitment and retention of U.S. citizens and permanent resident aliens who are authorized to...


Appeals of acceptance and rejection of attestations submitted for filing and of State plans. (a) Appeal right--(1) Attestations; when to file appeals...


Public access. (a) Public examination at ETA. ETA shall make available for public examination in Washington, DC, a list of facilities which have filed...


Division. Source: 59 FR 882, 897, Jan. 6, 1994, unless otherwise noted. (a) The Administrator shall perform all the Secretary's investigative...


(a) The Administrator, through investigation, shall determine whether a facility has failed to perform any attested conditions, misrepresented any material facts in an...


(a) The Administrator may assess a civil money penalty not to exceed $1,000 for each affected person with respect to whom there has been a violation of the attestation or subpart...


(a) The Administrator's determination, issued pursuant to Sec. 655.405(d), shall be served on the complainant, the facility, and other interested parties by...


desiring to request an administrative hearing on a determination issued pursuant to Sec. 655.405(d) shall make such request in writing to the Chief Administrative Law Judge...


(a) Except as specifically provided in this subpart, and to the extent they do not conflict with the provisions of this subpart, the ``Rules of Practice and...


Under this subpart, a party may serve any pleading or document by regular mail. Service is complete upon mailing to the last known address. No additional time for filing or response...


(a) Upon receipt of a timely request for a hearing filed pursuant to and in accordance with Sec. 655.420, the Chief Administrative Law Judge shall appoint an administrative law judge...


(a) Within 90 days after receipt of the transcript of the hearing, the administrative law judge shall issue a decision. (b) The decision of the administrative law judge...


(a) The Administrator or any interested party desiring review of the decision and order of an administrative law judge shall petition the Secretary to review...


every completed administrative hearing procedure provided by subparts D and E of this part shall be maintained and filed under the custody and control of the Chief...


Training Administration. (a) The Administrator shall promptly notify the Attorney General and ETA of the final determination of a violation by an employer upon...


A proceeding under subpart D or E of this part is not subject to the Equal Access to Justice Act, as amended, 5 U.S.C. 504. In such a proceeding, the administrative...


655.500 Purpose, procedure and applicability of subparts F and G of this part. Source: 60 FR 3956, 3976, Jan. 19, 1995, unless otherwise noted. ...


655.501 Overview of responsibilities. This section provides a context for the attestation process, to facilitate understanding by employers that may seek to...


655.502 Definitions. For the purposes of subparts F and G of this part: Accepted for filing means that a properly completed attestation on Form ETA...


655.502 Definitions. For the purposes of subparts F and G of this part: Accepted for filing means that a properly completed attestation on Form ETA...
...


655.520 Special provisions regarding automated vessels. In general, an attestation is not required in the case of a particular activity of longshore work...


655.530 Special provisions regarding the performance of longshore activities at locations in the State of Alaska. Applicability. Section Sec. 655.510 of this part...


655.531 Who may submit attestations for locations in Alaska? In order to use alien crewmembers to perform longshore activities at a particular location in the State...


655.532 Where and when should attestations be submitted for locations in Alaska? (a) Attestations shall be submitted, by U.S. mail, private carrier, or...


655.533 What should be submitted for locations in Alaska? (a) Form ETA 9033-A with accompanying documentation. A completed [[Page 542]] and...


655.534 The first attestation element for locations in Alaska: Bona fide request for dispatch of United States longshore workers. (a) The first attestation...


655.535 The second attestation element for locations in Alaska: Employment of United States longshore workers. (a) The second attestation element shall be...


655.536 The third attestation element for locations in Alaska: No intention or design to influence bargaining representative election. (a) The employer shall attest...


655.537 The fourth attestation element for locations in Alaska: Notice of filing. (a)(1) The employer shall attest that at the time of filing the...


655.538 Actions on attestations submitted for filing for locations in Alaska. Once an attestation has been received from an employer, a determination shall...


655.539 Effective date and validity of filed attestations for locations in Alaska. An attestation is filed and effective as of the date it is accepted and signed...


655.540 Suspension or invalidation of filed attestations for locations in Alaska. Suspension or invalidation of an attestation may result from...


655.541 Withdrawal of accepted attestations for locations in Alaska. (a) An employer who has submitted an attestation which has been accepted for filing may withdraw...


655.550 Public access. (a) Public examination at ETA. ETA shall make available for public examination in Washington, DC, a list of employers which have...


Ports Sec. 655.600 Enforcement authority of Administrator, Wage and Hour Division. Source: 60 FR 3969, 3977, Jan. 19, 1995, unless otherwise noted. ...


Ports Sec. 655.605 Complaints and investigative procedures. (a) The Administrator, through an investigation, shall determine whether a basis exists to make...


Ports Sec. 655.610 Automated vessel exception to prohibition on utilization of alien crewmember(s) to perform longshore activity(ies) at a U.S. port. (a) The...


Ports Sec. 655.615 Cease and desist order. (a) If the Administrator determines that reasonable cause exists to conduct an investigation with respect to...


Sec. 655.620 Civil money penalties and other remedies. (a) The Administrator may assess a civil money penalty not to exceed $5,000 for each alien crewmember...


Ports Sec. 655.625 Written notice, service and Federal Register publication of Administrator's determination. (a) The Administrator's determination, issued...


Ports Sec. 655.630 Request for hearing. (a) Any interested party desiring to request an administrative hearing on a determination issued pursuant to Sec....


Sec. 655.635 Rules of practice for administrative law judge proceedings. (a) Except as specifically provided in this subpart, and to the extent they do...


Sec. 655.640 Service and computation of time. (a) Under this subpart, a party may serve any pleading or document by regular mail. Service on a party is...


Ports Sec. 655.645 Administrative law judge proceedings. (a) Upon receipt of a timely request for a hearing filed pursuant to and in accordance with Sec. 655.630...


Sec. 655.650 Decision and order of administrative law judge. (a) Within 90 calendar days after receipt of the transcript of the hearing, the administrative...


Ports Sec. 655.655 Secretary's review of administrative law judge's decision. (a) The Administrator or any interested party desiring review of the decision...


Sec. 655.660 Administrative record. The official record of every completed administrative hearing procedure provided by subparts F and G of this part shall...


Ports Sec. 655.665 Notice to the Attorney General and the Employment and Training Administration. (a) The Administrator shall promptly notify the Attorney...


Ports Sec. 655.670 Federal Register notice of determination of prevailing practice. (a) Pursuant to Sec. 655.625(b), the Administrator shall publish in...


Sec. 655.675 Non-applicability of the Equal Access to Justice Act. A proceeding under subpart G of this part is not subject to the Equal Access to Justice Act,...


as Fashion Models Sec. 655.700 What statutory provisions govern the employment of H-1B nonimmigrants and how do employers apply for...


as Fashion Models Sec. 655.705 What federal agencies are involved in the H-IB program, and what are the responsibilities of...


as Fashion Models Sec. 655.710 What is the procedure for filing a complaint? (a) Except as provided in paragraph (b) of...


as Fashion Models Sec. 655.715 Definitions. For the purposes of subparts H and I of this part: Actual wage means...


as Fashion Models Sec. 655.720 Where are labor condition applications to be filed and processed? (a)...


as Fashion Models Sec. 655.721 What are the addresses of the ETA regional offices which handle matters other than...


as Fashion Models Sec. 655.730 What is the process for filing a labor condition application? (a) Who must submit...


as Fashion Models Sec. 655.730 What is the process for filing a labor condition application? (a) Who must submit...
...


as Fashion Models Sec. 655.732 What is the second LCA requirement, regarding working conditions? An employer seeking to...


as Fashion Models Sec. 655.733 What is the third LCA requirement, regarding strikes and lockouts? An employer seeking...


as Fashion Models Sec. 655.734 What is the fourth LCA requirement, regarding notice? An employer seeking to employ...


as Fashion Models Sec. 655.735 What are the special provisions for short-term placement of H-1B nonimmigrants at place(s)...


as Fashion Models Sec. 655.735 What are the special provisions for short-term placement of H-1B nonimmigrants at place(s)...
...


as Fashion Models Sec. 655.737 What are ``exempt'' H-1B nonimmigrants, and how does their employment affect the...


as Fashion Models Sec. 655.738 What are the ``non-displacement of U.S. workers'' obligations that apply to...


as Fashion Models Sec. 655.739 What is the ``recruitment of U.S. workers'' obligation that applies to H-1B-dependent employers...


as Fashion Models Sec. 655.740 What actions are taken on labor condition applications? (a) Actions on labor...


as Fashion Models Sec. 655.750 What is the validity period of the labor condition application? (a) Validity of...


as Fashion Models Sec. 655.760 What records are to be made available to the public, and what records are to be retained? ...


be enforced? Source: 59 FR 65672, 65676, Dec. 20, 1994, unless otherwise noted. (a) Authority of Administrator. Except as provided in Sec. 655.807,...


(a) No employer subject to this subpart I or subpart H of this part shall intimidate, threaten, restrain, coerce, blacklist, discharge or in any other...


(a) The Administrator, through investigation, shall determine whether an H-1B employer has-- (1) Filed a labor condition application with ETA...


(a) Any aggrieved party, as defined in Sec. 655.715, may file a complaint alleging a violation described in Sec. 655.805(a). The procedures for filing a...


allege violations, and how will those allegations be processed? (a) Persons who are not aggrieved parties may submit information concerning possible violations...


conducted? (a) The Administrator may conduct random investigations of an employer during a five-year period beginning with the date of any of the...


found? (a) Upon determining that an employer has failed to pay wages or provide fringe benefits as required by Sec. 655.731 and Sec. 655.732, the Administrator...


(a) The Administrator's determination, issued pursuant to Sec. 655.806, [[Page 618]] 655.807, or 655.808, shall be served on...


(a) Any interested party desiring review of a determination issued under Sec. Sec. 655.805 and 655.815, including judicial review, shall make a request for such an administrative...


(a) Except as specifically provided in this subpart, and to the extent they do not conflict with the provisions of this subpart, the ``Rules of Practice and Procedure...


(a) Under this subpart, a party may serve any pleading or document by regular mail. Service on a party is complete upon mailing to the last known address. No additional...


the proceeding? (a) Upon receipt of a timely request for a hearing filed pursuant to and in accordance with Sec. 655.820 of this part, the Chief Administrative...


of the administrative law judge? (a) Within 60 calendar days after the date of the hearing, the administrative law judge shall issue a decision. If any party...


the administrative law judge? (a) The Administrator or any interested party desiring review of the decision and order of an administrative law judge, including...


The official record of every completed administrative hearing procedure provided by subparts H and I of this part shall be maintained and filed under the custody...


Training Administration and the Attorney General of the decision regarding violations? (a) The Administrator shall notify the Attorney General and ETA of the...


Purpose, procedure and applicability of subparts J and K of this part. Source: 56 FR 56865, 56876, Nov. 6, 1991, unless otherwise noted. (a)...


Overview of process. This section provides a context for the attestation process to facilitate understanding by employers that seek to employ F-1 students...


Definitions. For the purposes of subparts J and K of this part: Accepted for filing means that an attestation submitted by the employer or his designated agent...


Addresses of Department of Labor regional offices. Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont): One Congress Street 10th...


Employer attestations. (a) Who may submit attestations? An employer (or the employer's designated agent or representative) seeking to employ F-1 student(s)...


Public access. (a) Public examination at ETA. ETA shall compile and maintain a list of employers who filed attestations specifying the occupation(s),...


Sec. 655.1000 Enforcement authority of Administrator, Wage and Hour Division. Source: 56 FR 56872, 56876, Nov. 6, 1991, unless...


Sec. 655.1005 Complaints and investigative procedures. (a) The Administrator, through an investigation, shall determine whether an employer of F-1...


Sec. 655.1010 Remedies. Where the Administrator, after notice and opportunity for a hearing, determines that an employer has committed a...


Sec. 655.1015 Written notice and service of Administrator's determination. (a) The Administrator's written determination, issued pursuant to Sec. Sec....


Sec. 655.1020 Request for hearing. (a) An employer desiring to request an administrative hearing on a determination issued pursuant to Sec. 655.1015 of...


Sec. 655.1025 Rules of practice for administrative law judge proceedings. (a) Except as specifically provided in this subpart, and to the extent they do...


Sec. 655.1030 Service and computation of time. (a) Under this subpart, a party may serve any pleading or document by regular mail. Service on a party...


Sec. 655.1035 Administrative law judge proceedings. (a) Upon receipt of a timely request for a hearing filed pursuant to and in accordance with Sec. 655.1020...


Sec. 655.1040 Decision and order of administrative law judge. (a) Within 90 calendar days after receipt of the transcript of the hearing, the...


Sec. 655.1045 Secretary's review of administrative law judge's decision. (a) Any party desiring review of the decision and order of an administrative...


Sec. 655.1050 Administrative record. The official record of every completed administrative hearing procedure provided by subpart K of this part shall...


Sec. 655.1055 Notice to the Employment and Training Administration (ETA) and the Attorney General (AG). (a) The Administrator shall notify the...


Sec. 655.1060 Non-applicability of the Equal Access to Justice Act. A proceeding under subpart K of this part is not subject to the Equal Access to Justice...


655.1100 What are the purposes, procedures and applicability of these regulations in subparts L and M of this part? Source: 65 FR 51149, Aug. 22, 2000,...


655.1101 What are the responsibilities of the government agencies and the facilities that participate in the H-1C program? (a) Federal agencies'...


655.1102 What are the definitions of terms that are used in these regulations? For the purposes of subparts L and M of this part: Accepted for...


655.1110 What requirements does the NRDAA impose in the filing of an Attestation? (a) Who may file Attestations? (1) Any hospital which meets...


655.1111 Element I--What hospitals are eligible to participate in the H-1C program? (a) The first attestation element requires that the employer be...


655.1112 Element II--What does ``no adverse effect on wages and working conditions'' mean? (a) The second attestation element requires that the facility...


655.1113 Element III--What does ``facility wage rate'' mean? (a) The third attestation element requires that the facility employing or seeking to employ...


655.1114 Element IV--What are the timely and significant steps an H-1C employer must take to recruit and retain U.S. nurses? (a) The fourth attestation...


655.1115 Element V--What does ``no strike/lockout or layoff'' mean? (a) The fifth attestation element requires that the facility attest that ``there is not...


655.1116 Element VI--What notification must facilities provide to registered nurses? (a) The sixth attestation element requires the facility to attest...


655.1117 Element VII--What are the limitations as to the number of H-1C nonimmigrants that a facility may employ? (a) The seventh attestation element requires...


655.1118 Element VIII--What are the limitations as to where the H-1C nonimmigrant may be employed? The eighth attestation element requires that the facility...


655.1130 What criteria does the Department use to determine whether or not to certify an Attestation? (a) An Attestation form which is complete and has...


655.1132 When will the Department suspend or invalidate an approved Attestation? (a) Suspension or invalidation of an Attestation may result where:...


655.1135 What appeals procedures are available concerning ETA's actions on a facility's Attestation? (a) Appeals of acceptances or rejections. Any...


655.1150 What materials must be available to the public? (a) Public examination at ETA. ETA will make available for public examination at the Office of...


655.1200 What enforcement authority does the Department have with respect to a facility's H-1C Attestations? Source: 65 FR 51149, Aug. 22, 2000, unless...


655.1205 What is the Administrator's responsibility with respect to complaints and investigations? (a) The Administrator, through investigation, shall...


655.1210 What penalties and other remedies may the Administrator impose? (a) The Administrator may assess a civil money penalty not to exceed $1,000 per...


655.1215 How are the Administrator's investigation findings issued? (a) The Administrator's determination, issued under Sec. 655.1205(d), shall be served on...


655.1220 Who can appeal the Administrator's findings and what is the process? (a) Any interested party desiring review of a determination issued under...


655.1225 What are the rules of practice before an ALJ? (a) Except as specifically provided in this subpart, and to the extent they do not conflict with the provisions...


655.1230 What time limits are imposed in ALJ proceedings? (a) Under this subpart, a party may serve any pleading or document by regular mail. Service is complete...


655.1235 What are the ALJ proceedings? (a) Upon receipt of a timely request for a hearing filed in accordance with Sec. 655.1220, the Chief Administrative Law Judge...


655.1240 When and how does an ALJ issue a decision? (a) Within 90 days after receipt of the transcript of the hearing, the administrative law judge shall issue...


655.1245 Who can appeal the ALJ's decision and what is the process? (a) The Administrator or any interested party desiring review of the decision and order of...


655.1250 Who is the official record keeper for these administrative appeals? The official record of every completed administrative hearing procedure provided...


655.1255 What are the procedures for debarment of a facility based on a finding of violation? (a) The Administrator shall notify the Attorney General and ETA...


655.1260 Can Equal Access to Justice Act attorney fees be awarded? A proceeding under subpart L or M of this part is not subject to the Equal Access to Justice Act,...


656. Subpart A_Purpose and Scope of Part 656 Sec. 656.1 Purpose and scope of part 656. 656.2 Description of the Immigration...


and Nationality Act and of the Department of Labor's role thereunder. (a)(1) Description of the Act. The Immigration and Nationality Act (Act) (8 U.S.C. 1101...


this part, of terms used in this part. Act means the Immigration and Nationality Act, as amended, 8 U.S.C. 1101 et seq. Administrative Law Judge means...


The Director, United States Employment Service (Director), has determined that there are not sufficient United States workers who are able, willing, qualified,...


(a) The Director has determined that there generally are sufficient United States workers who are able, willing, qualified and available for the occupations listed below...


(a) A request for a labor certification on behalf of any alien who is required by the Act to become a beneficiary of a labor certification in order to...


(a) Except as otherwise provided by Sec. Sec. 656.21a and 656.22, an employer who desires to apply for a labor certification on behalf of an alien shall...


certifications for occupations designated for special handling. (a) An employer shall apply for a labor certification to employ an alien as a college or...


for Schedule A occupations. (a) An employer shall apply for a labor certification for a Schedule A occupation by filing an Application for Alien...


for Schedule B occupations; requests for waivers from Schedule B. (a) Occupations listed on Schedule B require little or no education or experience,...


(a) If the labor certification presents a special or unique problem, the regional Certifying Officer may refer the application to the national...


labor certification determination. (a) After making a labor certification determination, the Certifying Officer shall notify the employer in writing of the determination...


Appeals review of denials of labor certification. (a) If a labor certification is denied, a request for review of the denial may be made to the Board of...


of the Board of Alien Labor Certification Appeals. (a) Designations. In considering requests for review before it, the Board of Alien Labor Certification...


grant of a labor certification. If a labor certification is granted, except for labor certifications for occupations on Schedule A (Sec. 656.10) and for...


the denial of a labor certification. (a) A new application for labor certification by the same employer involving the same occupation may be filed at any time...


labor certifications. (a) Except as provided in paragraph (d) of this section, a labor certification is valid indefinitely. Labor certifications for...


fraud or willful misrepresentation. (a) If possible fraud or willful misrepresentation involving a labor certification is discovered prior to a final...


(a) No Department of Labor or State job service agency employee shall charge a fee in connection with the filing, determination, reconsideration, or review...


wage for labor certification purposes. (a) Whether the wage or salary stated in a labor certification application involving a job offer equals the...


Source: 63 FR 13767, Mar. 20, 1998, unless otherwise noted. (a) Federal research agencies seeking to have prevailing wages determined in...


offices. Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont): Room 1707, J. F. Kennedy Federal Building, Government...


Offices. For the purposes of Sec. Sec. 656.21a(b) and 656.22, the locations of INS offices in the United States are listed at 8 CFR 100.4. ...


[Reserved] Subpart E_Job Service Complaint System Sec. 658.400 Purpose and scope of subpart. 658.401 Types of complaints...


(a) (1) The types of complaints (JS related complaints) which shall be handled to resolution by the JS complaint system are as follows: (i) Complaints against...


(a) Each State agency shall establish and maintain a Job Service complaint system pursuant to this subpart. (b) The State Administrator shall have...


(a) JS-related complaints may be filed in any office of the State job service agency. (b) Assignment of complaints to local office personnel shall be...


is resolved when: (1) The complainant indicates satisfaction with the outcome, or (2) The complainant chooses not to elevate the complaint to the next level...


local office. (a) There shall be an appropriate official available during regular office hours to take complaints in each local office. (b) Whenever an...


(a) To facilitate the operation of the coordinated enforcement procedures established at 29 CFR part 42, the State agency shall take from MSFWs in writing non-JS related...


(a) Where a JS-related complaint deals with an employer, the proper office to handle the complaint initially is ordinarily the local office serving the area in which...


(a) The appropriate State agency official handling an JS-related complaint shall offer to assist the complainant through the provision of appropriate JS services. For...


held by State hearing officials. A State hearing official may be any State official authorized to hold hearings under State law. They may be, for example, the same referees who...


(a) The State hearing official may: (1) Rule that the case is improperly before it, that is, that there is a lack of jurisdiction over the case; (2) Rule that...


office. (a) Each Regional Administrator shall establish and maintain a JS complaint system at the DOL regional office level. (b) The Regional...


(a) No JS-related complaint shall be handled at the ETA regional office level until the complainant has exhausted the State agency administrative remedies set forth at Sec....


Administrator. (a) Each non-JS-related complaint filed by an MSFW alleging violations of employment related laws enforced by ESA or OSHA shall be taken...


Whenever the regional office receives a JS-related complaint and the appropriate official determines that the nature and scope of the complaint are such...


a hearing pursuant to Sec. 658.421 (d), (f), or (h) or Sec. 658.423, the Regional Administrator shall: (1) Send the party requesting the hearing and all other parties...


(a) The DOL Administrative Law Judge may: (1) Rule that there is a lack of jurisdiction over the case; (2) Rule that the appeal has been withdrawn properly and in...


that an ETA regional office or the national office of USES has violated JS regulations should be mailed to the Assistant Secretary for Employment and Training,...


Scope and purpose of subpart. This subpart contains the regulations governing the discontinuation of services provided pursuant to 20 CFR part 653 to...


Basis for discontinuation of services. (a) The State agency shall initiate procedures for discontinuation of services to employers who: (1) Submit and...


658.502 Notification to employers. (a) The State agency shall notify the employer in writing that it intends to discontinue the provision of JS services pursuant to...


Discontinuation of services. (a) If the employer does not provide a satisfactory response in accordance with Sec. 658.502, within 20 working days, or has...


Reinstatement of services. (a) Services may be reinstated to an employer after discontinuation under Sec. 658.503, if: (1) The State is ordered to do so by...


658.600 Scope and purpose of subpart. Authority: Wagner-Peyser Act of 1933, as amended, 29 U.S.C. 49 et seq. 5 U.S.C. 301 et seq. This subpart...


658.601 State agency responsibility. (a) Each State agency shall establish and maintain a self-appraisal system for job service operations to determine success...


658.602 ETA national office responsibility. The ETA national office shall: (a) Monitor ETA regional offices' carrying out of JS regulations; (b)...


658.603 ETA regional office responsibility. (a) The Regional Administrator shall have responsibility for the regular review and assessment of State...


658.604 Assessment and evaluation of program performance data. (a) State agencies shall compile program performance data required by ETA, including...


658.605 Communication of findings to State agencies. (a) The Regional Administrator shall inform State agencies in writing of the results of review and...


Authority: Wagner-Peyser Act of 1933, as amended, 29 U.S.C. 49 et seq.; 5 U.S.C. 301 et seq. This subpart sets forth the procedures which ETA shall follow...


(a) It is the policy of the Employment and Training Administration (ETA) to take all necessary action, including the imposition of the full range of sanctions set forth in this...


(a) The ETA Regional Administrator shall be responsible for ensuring that all State agencies in his/her region are in compliance with JS regulations. ...


In critical situations as determined by the Regional Administrator, where it is necessary to protect the integrity of the funds, or insure the proper operation of the...


(a) If a State agency fails to correct violations as determined pursuant to Sec. 658.702, the Regional Administrator shall apply one or more of the following remedial actions to...


(a) Within 30 working days of receiving a request for decertification, the Assistant Secretary for ETA shall review the case and shall decide whether to proceed...


If the Secretary decides to decertify a State agency, he/she shall send a Notice of Decertification to the State agency stating the reasons for this action and providing a...


(a) Any State agency which received a Notice of Decertification under Sec. 658.706 or a notice of disallowance under Sec. 658.702 may request a hearing on the issue by filing a...


receipt of a hearing file by the Chief Administrative Law Judge, the case shall be docketed and notice sent by registered mail, return receipt requested, to the Solicitor...


(a) Hearings shall be conducted in accordance with sections 5-8 of the Administrative Procedure Act, 5 U.S.C. 553 et seq. (b) Technical rules of evidence shall not apply, but rules...


Judge. (a) The Administrative Law Judge shall have jurisdiction to decide all issues of fact and related issues of law and to grant or deny appropriate motions, but...


Board. (a) Upon the receipt of an appeal to the Administrative Review Board, United States Department of Labor, the Administrative Law Judge shall certify the...


of 1998? Sec. 660.100 What is the purpose of title I of the Workforce Investment Act of 1998? 660.200 What do the regulations for...


I of the Workforce Investment Act cover? The regulations found in 20 CFR parts 660 through 671 set forth the regulatory requirements that are applicable to...


systems under title I of WIA? In addition to the definitions set forth at WIA section 101, the following definitions apply to the regulations in 20 CFR parts...


What is the workforce investment system? Subpart A _General Governance Provisions Sec. 661.100 What is the workforce...


What is the role of the Department of Labor as the Federal governmental partner in the governance of the workforce investment system? (a) Successful governance of...


What are the roles of the local and State governmental partner in the governance of the workforce investment system? (a) Local areas should establish...


What is the State Workforce Investment Board? (a) The State Board is a board established by the Governor in accordance with the requirements of WIA section 111...


What is meant by the terms ``optimum policy making authority'' and ``expertise relating to [a] program, service or activity''? For purposes of selecting representatives...


What is the role of the State Board? The State Board must assist the Governor in the: (a) Development of the State Plan; (b) Development and...


How does the State Board meet its requirement to conduct business in an open manner under the ``sunshine provision'' of WIA section 111(g)? The State Board...


Under what circumstances may the Governor select an alternative entity in place of the State Workforce Investment Board? (a) The State may use any State entity...


What are the requirements for the submission of the State Workforce Investment Plan? (a) The Governor of each State must submit a State Workforce Investment...


What are the requirements for modification of the State Workforce Investment Plan? (a) The State may submit a modification of its workforce investment plan at any...


How do the unified planning requirements apply to the five-year strategic WIA and Wagner-Peyser plan and to other Department of Labor plans? (a) A State...


What are the requirements for designation of local workforce investment areas? (a) The Governor must designate local workforce investment areas in order for the...


What are the requirements for automatic designation of workforce investment areas relating to units of local government with a population of 500,000 or more? ...


What are the requirements for temporary and subsequent designation of workforce investment areas relating to areas that had been designated as service delivery areas...


What right does an entity have to appeal the Governor's decision rejecting a request for designation as a workforce investment area? (a) A unit of...


Under what circumstances may States require Local Boards to take part in regional planning activities? (a) The State may require Local Boards within a designated...


What is the Local Workforce Investment Board? (a) The Local Workforce Investment Board (Local Board) is appointed by the chief elected official in each local area...


What is the role of the Local Workforce Investment Board? (a) WIA section 117(d) specifies that the Local Board is responsible for: (1) Developing the...


How does the Local Board meet its requirement to conduct business in an open manner under the ``sunshine provision'' of WIA section 117(e)? The Local Board...


Under what limited conditions may a Local Board directly be a provider of core services, intensive services, or training services, or act as a One-Stop Operator? ...


Who are the required members of the Local Workforce Investment Boards? (a) The membership of Local Board must be selected in accordance with criteria...


Who may be selected to represent a particular One-Stop partner program on the Local Board when there is more than one partner program entity in the local area? ...


Who must chair a Local Board? The Local Board must elect a chairperson from among the business representatives on the board. (WIA...


What criteria will be used to establish the membership of the Local Board? The Local Board is appointed by the chief elected official(s) in the local area in...


Under what circumstances may the State use an alternative entity as the Local Workforce Investment Board? (a) The State may use any local entity that meets...


What is a youth council, and what is its relationship to the Local Board? (a) A youth council must be established as a subgroup within each Local Board. (b)...


What are the responsibilities of the youth council? The youth council is responsible for: (a) Coordinating youth activities in a local...


What are the requirements for the submission of the local workforce investment plan? (a) WIA section 118 requires that each Local Board, in partnership with...


What are the contents of the local workforce investment plan? (a) The local workforce investment plan must meet the requirements of WIA section 118(b). The...


When must a local plan be modified? The Governor must establish procedures governing the modification of local plans. Situations in which modifications may be required...


What is the purpose of the General Statutory and Regulatory Waiver Authority provided at section 189(i)(4) of the Workforce Investment Act? (a)...


What provisions of WIA and the Wagner-Peyser Act may be waived, and what provisions may not be waived? (a) The Secretary may waive any of the statutory or...


Under what conditions may a Governor request, and the Secretary approve, a general waiver of statutory or regulatory requirements under WIA section 189(i)(4)? ...


Under what conditions may the Governor submit a Workforce Flexibility Plan? (a) A State may submit to the Secretary, and the Secretary may approve, a...


What limitations apply to the State's Workforce Flexibility Plan authority under WIA? (a)(1) Under work-flex waiver authority a State must not waive the...


One-Stop delivery system? Subpart A_General Description of the One-Stop Delivery System Sec. 662.100 What is the One-Stop delivery system? ...


required One-Stop partners? (a) WIA section 121(b)(1) identifies the entities that are required partners in the local One-Stop systems. (b) The required...


may serve as One-Stop partners? (a) WIA provides that other entities that carry out a human resource program, including Federal, State, or local programs and programs...


as the One-Stop partner for a particular program in the local area? (a) The ``entity'' that carries out the program and activities listed in Sec. Sec. 662.200...


responsibilities of the required One-Stop partners? All required partners must: (a) Make available to participants through the One-Stop delivery system the...


program's applicable core services? (a) The core services applicable to any One-Stop partner program are those services described in paragraph (b) of this section, that...


what extent must required One-Stop partners make core services available? (a) At a minimum, the core services that are applicable to the program of the partner under...


addition to the applicable core services, are to be provided by One-Stop partners through the One-Stop delivery system? In addition to the provision of...


of providing services through the One-Stop delivery system and the operating costs of the system to be funded? The MOU must describe the particular funding arrangements...


require One-Stop partners to use their funds for individuals who are not eligible for the partner's program or for services that are not authorized under the...


Memorandum of Understanding (MOU)? (a) The Memorandum of Understanding (MOU) is an agreement developed and executed between the Local Board, with the agreement of...


a single MOU for the local area or are there to be separate MOU's between the Local Board and each partner? (a) A single ``umbrella'' MOU may be developed that addresses...


(a) The One-Stop operator is the entity that performs the role described in paragraph (c) of this section. The types of entities that may be selected to be the...


(a) The Local Board, with the agreement of the chief elected official, must designate and certify One-Stop operators in each local area. (b) The...


the Local Board be designated or certified as the One-Stop operator? (a) The Local Board may be designated or certified as the One-Stop operator only with the...


designated to operate in a One-Stop delivery system established prior to the enactment of WIA be designated to continue as a One-Stop operator under WIA ...


One-Stop Delivery System Sec. 663.100 What is the role of the adult and dislocated worker programs in the One-Stop delivery system? Subpart A_...


One-Stop Delivery System Sec. 663.105 When must adults and dislocated workers be registered? (a) Registration is the process for collecting information to support...


One-Stop Delivery System Sec. 663.110 What are the eligibility criteria for core services for adults in the adult and dislocated worker programs? To be eligible...


One-Stop Delivery System Sec. 663.115 What are the eligibility criteria for core services for dislocated workers in the adult and dislocated worker programs? (a) To...


One-Stop Delivery System Sec. 663.120 Are displaced homemakers eligible for dislocated worker activities under WIA? (a) Yes, there are two significant differences...


One-Stop Delivery System Sec. 663.145 What services are WIA title I adult and dislocated workers formula funds used to provide? (a) WIA title I formula funds...


One-Stop Delivery System Sec. 663.150 What core services must be provided to adults and dislocated workers? (a) At a minimum, all of the core services described in...


One-Stop Delivery System Sec. 663.155 How are core services delivered? Core services must be provided through the One-Stop delivery system. Core services may...


One-Stop Delivery System Sec. 663.160 Are there particular core services an individual must receive before receiving intensive services under WIA section 134(d)(3)? ...


One-Stop Delivery System Sec. 663.165 How long must an individual be in core services in order to be eligible for intensive services? There is no...


adults and dislocated workers? (a) Intensive services are listed in WIA section 134(d)(3)(C). The list in the Act is not all-inclusive and other...


(a) Intensive services must be provided through the One-Stop delivery system, including specialized One-Stop centers. Intensive services may be provided...


There are two categories of adults and dislocated workers who may receive intensive services: (a) Adults and dislocated workers who are unemployed,...


determine whether an employed worker needs intensive services to obtain or retain employment leading to ``self-sufficiency''? State Boards or Local Boards must...


an individual must receive before receiving training services under WIA section 134(d)(4)(A)(i)? (a) Yes, at a minimum, an individual must receive at least...


The individual employment plan is an ongoing strategy jointly developed by the participant and the case manager that identifies the participant's...


be in intensive services to be eligible for training services? There is no Federally-required minimum time period for participation in intensive services...


adults and dislocated workers? Training services are listed in WIA section 134(d)(4)(D). The list in the Act is not all-inclusive and additional training services may...


Training services may be made available to employed and unemployed adults and dislocated workers who: (a) Have met the eligibility requirements for...


coordination of WIA training funds and other grant assistance? (a) WIA funding for training is limited to participants who: (1) Are unable to obtain grant...


Except under the three conditions described in WIA section 134(d)(4)(G)(ii) and Sec. 663.430(a), the Individual Training Account (ITA) is established...


Account (ITA)? The ITA is established on behalf of a participant. WIA title I adult and dislocated workers purchase training services from eligible providers...


amount of ITA's be limited? (a) Yes, the State or Local Board may impose limits on ITA's, such as limitations on the dollar amount and/or duration. (b) Limits to...


mechanisms other than ITA's be used to provide training services? (a) Contracts for services may be used instead of ITA's only when one of the following...


consumer choice? (a) Training services, whether under ITA's or under contract, must be provided in a manner that maximizes informed consumer choice in selecting...


this subpart? The workforce investment system established under WIA emphasizes informed customer choice, system performance, and continuous improvement. The...


training services? (a) Eligible providers of training services are described in WIA section 122. They are those entities eligible to receive WIA title I-B funds...


training services''? A program of training services is one or more courses or classes, or a structured regimen, that upon successful completion, leads to: (a)...


managing the eligible provider process? (a) The State and the Local Boards each have responsibilities for managing the eligible provider process. (b)...


initial determination of provider eligibility? (a) To be eligible to receive adult or dislocated worker training funds under title I of WIA, all providers must...


the period of initial eligibility for training providers? Yes, under WIA section 122(c)(5), the Governor must require training providers to submit performance...


determining the subsequent eligibility of a provider? (a) The Governor must develop a procedure for the Local Board to use in determining the subsequent eligibility...


cost information is required for determinations of subsequent eligibility? (a) Eligible providers of training services must submit, at least annually,...


information developed and maintained? (a) The designated State agency must maintain a list of all eligible training programs and providers in the State (the...


(a) The designated State agency must disseminate the State list and accompanying performance and cost information to the One-Stop delivery systems within...


lose its eligibility? (a) Yes. A training provider must deliver results and provide accurate information in order to retain its status as an eligible...


system? The consumer reports system, referred to in WIA as performance information, is the vehicle for informing the customers of the One-Stop delivery system...


Board supplement the information available from the State list? (a) Local Boards may supplement the information available from the State list by providing customers...


providers located outside of the local area? Yes, individuals may choose any of the eligible providers and programs on the State list. A State may also establish...


(CBO) be included on an eligible provider list? Yes, CBO's may apply and they and their programs may be determined eligible providers of training...


providers of OJT and customized training? For OJT and customized training providers, One-Stop operators in a local area must collect such performance information as...


be given to low-income adults and public assistance recipients served with adult funds under title I? (a) WIA states, in section 134(d)(4)(E), that in the event...


for use of adult funds also apply to dislocated worker funds? No, the statutory priority applies to adult funds for intensive and training services only....


and the TANF program relate to the One-Stop delivery system? (a) The local Welfare-to-Work (WtW) program operator is a required partner in the...


qualify for services under title I? Displaced homemakers may be eligible to receive assistance under title I in a variety of ways, including: (a)...


a disability whose family does not meet income eligibility criteria under the Act be eligible for priority as a low-income adult? Yes, even if the family of...


the requirements for on-the-job training (OJT)? (a) On-the-job training (OJT) is defined at WIA section 101(31). OJT is provided under a contract with an employer in...


requirements for OJT contracts for employed workers? OJT contracts may be written for eligible employed workers when: (a) The employee is not earning a...


OJT payments to employers? (a) On-the-job training payments to employers are deemed to be compensation for the extraordinary costs associated with...


training? Customized training is training: (a) That is designed to meet the special requirements of an employer (including a group of employers); (b)...


requirements for customized training for employed workers? Customized training of an eligible employed individual may be provided for an employer or a group of...


to employers for OJT of customized training be used to assist, promote, or deter union organizing? No, funds provided to employers for OJT or customized training...


for adults and dislocated workers? Supportive services for adults and dislocated workers are defined at WIA sections 101(46) and 134(e)(2) and (3). They...


provided to participants? (a) Supportive services may only be provided to individuals who are: (1) Participating in core, intensive or training services; and ...


or duration of funds for supportive services? (a) Local Boards may establish limits on the provision of supportive services or provide the One-Stop operator with...


Needs-related payments provide financial assistance to participants for the purpose of enabling individuals to participate in training and are one of the...


for adults to receive needs-related payments? Adults must: (a) Be unemployed, (b) Not qualify for, or have ceased qualifying for,...


for dislocated workers to receive needs-related payments? To receive needs related payments, a dislocated worker must: (a) Be unemployed, and: ...


paid while a participant is waiting to start training classes? Yes, payments may be provided if the participant has been accepted in a training program that will...


payments determined? (a) The payment level for adults must be established by the Local Board. (b) For dislocated workers, payments must not exceed the...


Subpart A_Youth Councils Sec. 664.100 What is the youth council? 664.110 Who is responsible for oversight of youth programs in the local ...


the local area? (a) The Local Board, working with the youth council, is responsible for conducting oversight of local youth programs operated under the Act,...


An eligible youth is defined, under WIA sec. 101(13), as an individual who: (a) Is age 14 through 21; (b) Is a low income individual, as defined in the WIA...


criterion in Sec. 664.200(c)(1) defined and documented? (a) Definitions and eligibility documentation requirements regarding the ``deficient in basic...


complete an educational program, or to secure and hold employment'' criterion in Sec. 664.200(c)(6) defined and documented? Definitions and...


in the youth program? (a) Yes, all youth participants must be registered. (b) Registration is the process of collecting information to support...


not low-income individuals to receive youth services? Yes, up to five percent of youth participants served by youth programs in a local area may be individuals who do...


the same as the eligibility barriers for the five percent of youth participants who do not have to meet income eligibility requirements? No, the barriers listed...


lunches under the National School Lunch Program as a substitute for the income eligibility criteria under title I of WIA? No, the criteria for income...


income eligibility criteria under the Act be eligible for youth services? Yes, even if the family of a disabled youth does not meet the income eligibility criteria,...


An out-of-school youth is an individual who: (a) Is an eligible youth who is a school dropout; or (b) Is an eligible youth who has either graduated from high school...


youth attending alternative schools? A school dropout is defined as an individual who is no longer attending any school and who has not received a secondary...


youth funds be used to provide activities to out-of-school youth apply to all youth funds? (a) Yes, the 30 percent requirement applies to the total amount of...


A local youth program is defined as those youth activities offered by a Local Workforce Investment Board for a designated local workforce investment area, as specified...


designed? (a) The design framework of local youth programs must: (1) Provide an objective assessment of each youth participant, that meets the requirements of...


the ten program elements listed in WIA section 129(c)(2) as options available to youth participants? (a) Yes, local programs must make the following services available...


Leadership development opportunities are opportunities that encourage responsibility, employability, and other positive social behaviors such as: ...


Positive social behaviors are outcomes of leadership opportunities, often referred to as soft skills, which are incorporated by many local programs as part of...


Supportive services for youth, as defined in WIA section 101(46), may include the following: (a) Linkages to community services; (b) Assistance...


(a) Follow-up services for youth may include: (1) The leadership development and supportive service activities listed in Sec. Sec. 664.420 and 664.440; ...


(a) Work experiences are planned, structured learning experiences that take place in a workplace for a limited period of time. As provided in WIA section...


Funds under the Act may be used to pay wages and related benefits for work experiences in the public; private, for-profit or non-profit sectors where...


programs concurrently? (a) Yes, under the Act, eligible youth are 14 through 21 years of age. Adults are defined in the Act as individuals age 18...


participants? No, however, individuals age 18 and above, who are eligible for training services under the adult and dislocated worker programs, may...


opportunities in the local youth program? (a) Yes, Local Boards are required to offer summer youth employment opportunities that link academic...


administered? Chief elected officials and Local Boards are responsible for ensuring that the local youth program provides summer employment...


666.100(a)(3) apply to participation in summer employment activities? Yes, the summer employment opportunities element is one of a number of activities authorized by...


the One-Stop service delivery system? (a) The chief elected official (or designee, under WIA section 117(d)(3)(B)), as the local grant recipient for the...


to area youth who are not eligible under the youth program through the One-Stop centers? Yes, however, One-Stop services for non-eligible youth must...


selected? (a) Youth Opportunity Grants are awarded through a competitive selection process. The Secretary establishes appropriate application procedures,...


eligible to receive a Youth Opportunity Grant? (a) A Local Board is eligible to receive a Youth Opportunity Grant if it serves a community that: (1) Has...


Grants? All individuals ages 14 through 21 who reside in the community identified in the grant are eligible to receive services under the grant. (WIA...


determined? (a) The Secretary negotiates performance measures, including appropriate performance levels for each indicator, with each selected...


investment activities under title I of WIA? Subpart A_General Description Sec. 665.100 What are the Statewide...


investment activities funded? (a) Except for the Statewide rapid response activities described in paragraph (c) of this section, Statewide workforce...


Activities Sec. 665.200 What are required Statewide workforce investment activities? Required Statewide workforce investment activities are: ...


Activities Sec. 665.210 What are allowable Statewide workforce investment activities? Allowable Statewide workforce investment activities include: ...


Activities Sec. 665.220 Who is an ``incumbent worker'' for purposes of Statewide workforce investment activities? States may establish policies and definitions...


and who is responsible for providing them? (a) Rapid response activities are described in Sec. Sec. 665.310 through 665.330. They encompass...


are required? Rapid response activities must include: (a) Immediate and on-site contact with the employer, representatives of the affected workers, and...


undertaken as part of rapid response? Yes, a State or designated entity may provide rapid response activities in addition to the activities required to be provided...


requirements for rapid response also required activities? The Governor must ensure that rapid response activities under WIA are made available to workers...


of additional assistance'' in WIA section 134(a)(2)(A)(ii)? Up to 25 percent of dislocated worker funds may be reserved for rapid response activities. Once...


be included in a State's plan? Subpart A_State Measures of Performance Sec. 666.100 What performance indicators must be included in...


of performance? Yes, Governors may develop additional indicators of performance for adults, youth and dislocated worker activities. These indicators must...


annual levels of performance? (a) We issue instructions on the specific information that must accompany the State Plan and that is used to review the...


DOL request revisions to the State negotiated levels of performance? (a) The DOL guidelines describe when and under what circumstances a Governor may request...


included in the core indicators of performance? (a)(1) The core indicators of performance apply to all individuals who are registered under 20 CFR 663.105...


to use quarterly wage record information for performance accountability? (a) States must, consistent with State laws, use quarterly wage record information...


a State eligible for an Incentive Grant? A State is eligible to apply for an Incentive Grant if its performance for the immediately preceding year exceeds: ...


which States submit performance progress reports and apply for incentive grants? (a) State performance progress reports must be filed by the due date established...


be used? Incentive grant funds are awarded to States to carry out any one or more innovative programs under titles I or II of WIA or the Carl D. Perkins Vocational...


included in a State Board's application for an Incentive Grant? (a) After consultation with the Secretary of Education, we will issue instructions annually which...


the amounts for Incentive Grant awards? (a) We determine the total amount to be allocated from funds available under WIA section 174(b) for Incentive Grants...


a sanction be applied to a State that fails to achieve negotiated levels of performance for title I? (a) If a State fails to meet the negotiated levels of...


local areas? (a) Each local workforce investment area in a State is subject to the same core indicators of performance and the customer satisfaction indicators...


the indicators of performance in local areas? (a) The Local Board and the chief elected official must negotiate with the Governor and reach agreement on the local...


local areas eligible for State Incentive Grants? (a) States must use a portion of the funds reserved for Statewide workforce investment activities under...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR666.410] [Page 778] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 666_PERFORMANCE ACCOUNTABILITY UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT--Table of Contents Subpart D_Incentives and Sanctions for Local Performance Sec. 666.410 How may local incentive awards be used? The local incentive grant funds may be used for any activities allowed under WIA title I-B. ...


a sanction be applied to local areas for poor performance? (a) If a local area fails to meet the levels of performance agreed to under Sec. 666.310 for the...


become available? Subpart A_Funding Sec. 667.100 When do Workforce Investment Act grant funds...


Workforce Investment Act funds under title I of the Act? (a) Agreement. All WIA title I funds that are awarded by grant, contract or cooperative agreement...


WIA funds? (a) Grant funds expended by States. Funds allotted to States under WIA sections 127(b) and 132(b) for any program year are available for...


(a) To establish a continuing relationship under the Act, the Governor and the Secretary will enter into a Governor/Secretary Agreement. The Agreement will consist of...


order to receive a formula grant? Each State seeking financial assistance under WIA sections 127 (youth) or 132 (adults and dislocated workers) or under...


local workforce investment areas? (a) General. The Governor must allocate WIA formula funds allotted for services to youth, adults and dislocated workers in...


adult and youth allocations? (a)(1) For the first two fiscal years after the date on which a local area is designated under section 116 of WIA, the State may elect...


transfer funds between programs? (a) A Local Board may transfer up to 20 percent of a program year allocation for adult employment and training activities, and up to...


(a) The first reallotment of funds among States will occur during PY 2001 based on obligations in PY 2000. (b) The Secretary determines, during the first...


(a) The Governor may reallocate youth, adult, and dislocated worker funds among local areas within the State in accordance with the provisions of sections 128(c)...


for awards made under WIA title I, subtitle D? (a) Before final selection as a potential grantee, we conduct a review of...


administrative rules apply to the use of WIA title I funds? (a) Uniform fiscal and administrative requirements. (1) Except as provided in paragraphs (a)(3) through...


apply to Workforce Investment Act title I grants? (a) Formula grants to States: (1) As part of the 15 percent that a State may reserve for Statewide...


title I functions and activities constitute the costs of administration subject to the administrative cost limit? (a) The costs of administration are...


the enforcement of the Military Selective Service Act? The requirements relating to the enforcement of the Military Selective Service Act are found at WIA...


apply to veterans when income is a factor in eligibility determinations? Yes, under 38 U.S.C. 4213, when past income is an eligibility determinant for Federal...


for construction? WIA title I funds must not be spent on construction or purchase of facilities or buildings except: (a) To meet a recipient's, as the term is...


or similar activities, allowable under WIA title I? (a) Under WIA section 181(e), WIA title I funds may not be spent on employment generating...


under title I of WIA? (a) WIA title I funds must not be spent on: (1) The wages of incumbent employees during their participation in economic...


to sectarian activities? (a) Limitations related to sectarian activities are set forth at WIA section 188(a)(3) and 29 CFR 37.6(f). (b) Under...


the use of WIA title I funds to encourage business relocation? (a) WIA funds may not be used or proposed to be used for: (1) The encouragement or inducement of...


apply to violations of Sec. Sec. 667.260 through 667.268? (a) We will promptly review and take appropriate action on alleged violations of the provisions...


ensure that participants in Workforce Investment Act employment and training activities do not displace other employees? (a) A participant in a program or...


to participants in activities under title I of WIA? (a) Individuals in on-the-job training or individuals employed in activities under title I of WIA must...


apply to the working conditions of participants in activities under title I of WIA? (a) Health and safety standards established under Federal and State...


ensure nondiscrimination and equal opportunity, as well as nonparticipation in sectarian activities? (a)(1) Recipients, as defined in 29 CFR 37.4, must comply with...


Workforce Investment Act programs? (a) General. All States and other direct grant recipients must report financial, participant, and performance data...


of WIA title I grants? (a) The Secretary is authorized to monitor all recipients and subrecipients of all grants awarded and funds expended under WIA title...


of recipients and subrecipients? (a) Roles and responsibilities for all recipients and subrecipients of funds under WIA title I in general. Each...


to the resolution of findings arising from audits, investigations, monitoring and oversight reviews? (a) Resolution of subrecipient-level findings. (1) The Governor...


and monitoring findings? (a) As a result of an investigation, on-site visit or other monitoring, we notify the recipient of the findings...


resolution process? (a) General. When the Grant Officer is dissatisfied with the State's disposition of an audit or other resolution of violations (including...


State and direct recipient grievance procedures must be established? (a) Each local area, State and direct recipient of funds under title I of WIA, except for...


we use to review State and local grievances and complaints? (a) We investigate allegations arising through the grievance procedures described in Sec. 667.600 when: ...


reports of criminal fraud and abuse addressed under WIA? Information and complaints involving criminal fraud, waste, abuse or other criminal activity must be...


processes or systems must a State have for the WIA program? (a) Non-designation of local areas: (1) The State must establish, and include in its State Plan,...


to the appeals of non-designation of local areas? (a) A unit or combination of units of general local government or rural concentrated employment program grant...


to the appeals of the Governor's imposition of sanctions for substantial violations or performance failures by a local area? (a) A local area which has...


to impose sanctions and corrective actions on recipients and subrecipients of WIA grant funds? (a)(1) Except for actions under WIA section 188(a) or 29 CFR part...


funds provided under title I of WIA? (a) The recipient is responsible for all funds under its grant(s). (b) The political jurisdiction(s) of the chief...


to address the failure of a local area to comply with the applicable uniform administrative provisions? (a) If, as part of the annual on-site monitoring of local...


request for waiver of liability under WIA section 184(d)(2)? (a) A recipient may request a waiver of liability, as described in WIA section 184(d)(2), and a...


handle a recipient's request for advance approval of contemplated corrective actions? (a) The recipient may request advance approval from the Grant Officer...


used for administering the offset/deduction provisions at section 184(c) of the Act? (a)(1) For recipient level misexpenditures, we may determine that a debt, or a...


may be appealed to the Office of Administrative Law Judges? (a) An applicant for financial assistance under title I of WIA which is dissatisfied because...


to hearings conducted under this subpart? (a) Rules of practice and procedure. The rules of practice and procedure promulgated by the OALJ at subpart A of 29 CFR...


Law Judge have in ordering relief as an outcome of an administrative hearing? In ordering relief, the ALJ has the full authority of the Secretary under...


to reviews of NFJP and WIA INA grant selections? (a) An applicant whose application for funding as a WIA INA grantee under 20 CFR part 668 or as an NFJP grantee under...


Judge issue a decision? (a) The ALJ should render a written decision not later than 90 days after the closing of the record. (b) The decision of the...


resolution process that may be used in place of an OALJ hearing? (a) Parties to a complaint which has been filed according to the requirements of Sec. 667.800...


a final order of the Secretary issued under section 186 of the Act? (a) Any party to a proceeding which resulted in a Secretary's final order under section 186 of the...


outside of the Act? Nothing contained in this subpart prejudices the separate exercise of other legal rights in pursuit of remedies and sanctions available...


JTPA/WIA transition? (a)(1) To facilitate planning for the implementation of WIA, a Governor may reserve an amount equal to no more than 2 percent of the total...


WIA? Yes, all JTPA participants who are enrolled in JTPA must be grandfathered into WIA. These participants can complete the JTPA services specified in...


programs established to serve Subpart A_Purposes and Policies Sec. 668.100 What is the purpose of the programs established to...


(a) We will administer INA programs to maximize the Federal commitment to support the growth and development of Native American people and communities...


consult with the INA grantee community in developing rules, regulations, and standards of accountability for INA programs? We will consult with the Native...


the INA program? (a) The regulations found in this subpart. (b) The general administrative requirements found in 20 CFR part 667, including the regulations...


terms used in the regulations in this part? In addition to the definitions found in WIA sections 101 and 166 and 20 CFR 660.300, the following definitions apply: ...


requirements for designation as an ``Indian or Native American (INA) grantee''? (a) To be designated as an INA grantee, an entity must have: (1) A legal...


for designation is given to eligible organizations? (a) Federally-recognized Indian tribes, Alaska Native entities, or consortia that include a tribe or entity...


by the ``ability to administer funds'' for designation purposes? An organization has the ``ability to administer funds'' if it: (a) Is in compliance...


determine an entity's ``ability to administer funds''? (a) Before determining which entity to designate for a particular service area, we will conduct a review of...


process for applying for designation as an INA grantee? (a) Every entity seeking designation must submit a Notice of Intent (NOI) which complies with the requirements...


two or more entities apply for the same area? (a) Every two years, unless there has been a waiver of competition for the area, we issue a Solicitation for...


grantees designated? (a) On March 1 of each designation year, we designate or conditionally designate Native American grantees for the coming two program years. The...


are available to entities that are denied designation? Any entity that is denied designation in whole or in part for the area or population that it requested...


other ways in which an entity may be designated as an INA grantee? Yes, for an area which would otherwise go unserved. The Grant Officer may designate an entity,...


INA grantee's designation be terminated? (a) Yes, the Grant Officer can terminate a grantee's designation for cause, or the Secretary or another DOL official confirmed by...


designated entity become an INA grantee? A designated entity becomes a grantee on the effective date of an executed grant agreement, signed by the authorized official of...


to designate an INA grantee for every part of the country? No, beginning with the PY 2000 grant awards, if there are no entities meeting the requirements for...


funds allocated to INA grantees? (a) Except for reserved funds described in paragraph (e) of this section and funds used for program purposes under Sec. 668.294,...


under the INA program? (a) A person is eligible to receive services under the INA program if that person is: (1) An Indian, as determined by a policy of...


activities? (a) The INA grantee may provide any services consistent with the purposes of this section that are necessary to meet the needs of Native...


allowable activities? (a) All occupational training must be for occupations for which there are employment opportunities in the local area or another area to which...


the One-Stop system? (a) In those local workforce investment areas where an INA grantee conducts field operations or provides substantial services, the INA...


to participants, including wages, training allowances or stipends, or direct payments for supportive services? (a) INA grantees may pay training allowances...


capacity of INA grantees to deliver effective services? We will provide appropriate TAT, as necessary, to INA grantees. This TAT will assist INA grantees to...


supplemental youth services program? The purpose of this program is to provide supplemental employment and training and related services to Native American youth...


receive supplemental youth services funding? Eligible recipients for supplemental youth services funding are limited to those tribal, Alaska Native, Native Hawaiian...


for receiving supplemental youth services funding? Beginning with PY 2000, eligible INA grantees must describe the supplemental youth services which they intend...


to receive supplemental youth services? (a) Participants in supplemental youth services activities must be Native Americans, as determined by the INA...


services determined? (a) Beginning with PY 2000, supplemental youth funding will be allocated to eligible INA grantees on the basis of the relative number...


services be provided? (a) INA grantees may offer supplemental services to youth throughout the school year, during the summer vacation, and/or during other breaks...


and standards applicable to the supplemental youth services program? Yes, WIA section 166(e)(5) requires that the program plan contain a description of the...


provide to or for employers under section 166? (a) INA grantees may provide a variety of services to employers in their areas. These services may include: ...


to the community at large under section 166? (a) INA grantees may provide services to the Native American communities in their designated service areas...


Indian/Native American entities in the selection of contractors or service providers? Yes, INA grantees must give as much preference as possible to...


contracts and/or subgrants? In general, INA grantees must follow the rules of OMB Circulars A- 102 (for tribes) or A-110 (for private non-profits) when...


grantee accountable for the provision of services and the expenditure of INA funds? (a) The INA grantee is responsible to the Native American community to be...


documented and fulfilled? (a) Each INA grantee must establish its own internal policies and procedures to ensure accountability to the INA grantee's governing...


are in place for the INA program? Indicators of performance measures and levels of performance in use for INA program will be those indicators and standards proposed...


for preventing fraud and abuse under section 166? (a) Each INA grantee must implement program and financial management procedures to prevent fraud and...


must a section 166 program provide? INA grantees must establish grievance procedures consistent with the requirements of WIA section 181(c) and 20...


segments of the eligible population? (a) No, INA grantees cannot exclude segments of the eligible population. INA grantees must document in their Two Year Plan that...


INA grantee use to plan its employment and training services? (a) An INA grantee may utilize the planning procedures it uses to plan other activities and...


an INA grantee submit? Each grantee receiving funds under WIA section 166 must submit to DINAP a comprehensive services plan and a projection of participant...


these planning documents contain? (a) The comprehensive services plan must cover the two Program Years included within a designation cycle. According to...


submitted? (a) The two-year plans are due at a date specified by DINAP in the year in which the two-year designation cycle begins. We will announce exact...


approve such plans? (a) We will approve a grantee's planning documents before the date on which funds for the program become available unless: (1) The...


we or the INA grantee modify the terms of the grantee's plan(s)? (a) We may unilaterally modify the INA grantee's plan to add funds or, if required by...


have in place to administer an INA program? (a) Each INA grantee must have a written system describing the procedures the grantee uses for: (1)...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR668.810] [Page 821] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 668_INDIAN AND NATIVE AMERICAN PROGRAMS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT--Table of Contents Subpart H_Administrative Requirements Sec. 668.810 What types of costs are allowable expenditures under the INA program? Rules relating to allowable costs under WIA are covered in 20 CFR 667.200 through 667.220. ...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR668.820] [Page 821] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 668_INDIAN AND NATIVE AMERICAN PROGRAMS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT--Table of Contents Subpart H_Administrative Requirements Sec. 668.820 What rules apply to administrative costs under the INA program? The definition and treatment of administrative costs are covered in 20 CFR 667.210(b) and 667.220. ...


limit for States and local areas apply to section 166 grants? No, under 20 CFR 667.210(b), limits on administrative costs for section 166 grants will be...


classify costs? Cost classification is covered in the WIA regulations at 20 CFR 667.200 through 667.220. For purposes of the INA program, program costs also...


INA funds? The cost principles described in OMB Circulars A-87 (for tribal governments), A-122 (for private non-profits), and A-21 (for educational institutions),...


to INA grants? The audit requirements established under the Department's regulations at 29 CFR part 99, which implement OMB Circular A-133, apply to all Native...


to INA grant funds? INA grantees must draw down funds only as they actually need them. The U.S. Department of Treasury regulations which implement the...


and how is it regulated in the INA program? (a) Program income is defined and regulated by WIA section 195(7), 20 CFR 667.200(a)(5) and the applicable rules in 29...


statutory waiver authority? Yes, WIA section 166(h)(3) permits waivers of any statutory or regulatory requirement imposed upon INA grantees (except for...


to document a requested waiver? To request a waiver, an INA grantee must submit a plan indicating how the waiver will improve the grantee's WIA program activities....


regulations may not be waived? Requirements relating to: (a) Wage and labor standards; (b) Worker rights; (c) Participation and protection of workers...


consolidate their employment and training funds? Yes, INA grantees may consolidate their employment and training funds under WIA with assistance received from...


Native American Employment and Training Council? The Native American Employment and Training Council is a body composed of representatives of the grantee community...


National Farmworker Jobs Subpart A_Purpose and Definitions Sec. 669.100 What is the purpose of the National Farmworker Jobs Program...


this program? In addition to the definitions found in WIA sections 101 and 167 and in 20 CFR 660.300, the following definitions apply to programs under...


This program is centrally administered by the Department of Labor in a manner consistent with the requirements of WIA section 167. As described in Sec. 669.210,...


the National Farmworker Jobs Program funded under WIA section 167? We have designated the Division of Seasonal Farmworker Programs (DSFP), or its...


Programs (DSFP) assist the MSFW grantee organizations to serve farmworker customers? We provide technical assistance and training to MSFW grantees for...


this program? In developing regulations for WIA section 167, we consult with the Migrant and Seasonal Farmworker Employment and Training Advisory Committee....


in developing rules, regulations and standards of accountability, and other policy guidance for the NFJP? (a) We consider the NFJP grantee community as...


the programs funded under WIA section 167? (a) The regulations found in this part; (b) The general administrative requirements found in 20 CFR part 667,...


Program Sec. 669.200 Who is eligible to receive a NFJP grant? (a) To be eligible to receive a grant under this section, an entity must have: (1)...


Program Sec. 669.210 How does an eligible entity become an NFJP grantee? To become an NFJP grantee and receive a grant under this subpart, an applicant must...


Program Sec. 669.220 What is the role of the NFJP grantee in the One-Stop delivery system? (a) In those local workforce investment areas where the...


Program Sec. 669.230 Can an NFJP grantee's designation be terminated? Yes, a grantee's designation may be terminated for cause: (a) By the Secretary, in...


Program Sec. 669.240 How do we use funds appropriated under WIA section 167 for the NFJP? (a) At least 94 percent of the funds appropriated each year for...


Services Sec. 669.300 What are the general responsibilities of the NFJP grantees? Each grantee is responsible for providing needed services in...


Services Sec. 669.310 What are the basic components of an NFJP service delivery strategy? The NFJP service delivery strategy must include: (a)...


Services Sec. 669.320 Who is eligible to receive services under the NFJP? Disadvantaged migrant and seasonal farmworkers, as defined in Sec. 669.110, and...


Services Sec. 669.330 How are services delivered to the customer? To ensure that all services are focused on the customer's needs, services are provided through...


Services Sec. 669.340 What core services are available to eligible MSFW's? The core services identified in WIA section 134(d)(2) are available to...


Services Sec. 669.350 How are core services delivered to MSFW's? (a) The full range of core services are available to MSFW's, as well as other individuals,...


Services Sec. 669.360 May grantees provide emergency assistance to MSFW's? (a) Yes, Emergency Assistance (as defined in Sec. 669.110) is a form of the...


Services Sec. 669.370 What intensive services may be provided to eligible MSFW's? (a) Intensive services available to farmworkers include those described in...


Services Sec. 669.380 What is the objective assessment that is authorized as an intensive service? (a) An objective assessment is a procedure designed...


Program Services Sec. 669.400 What are the elements of the Individual Employment Plan that is authorized as an intensive service? The elements of the...


Services Sec. 669.410 What training services may be provided to eligible MSFW's? (a) Training services include those described in WIA sections...


Services Sec. 669.420 What must be included in an on-the-job training contract? At a minimum, an on-the-job training contract must comply with the requirements...


Services Sec. 669.430 What Related Assistance services may be provided to eligible farmworkers? Related Assistance may include such services and...


Services Sec. 669.440 When may farmworkers receive related assistance? Farmworkers may receive related assistance services when the need for the...


and standards apply to the NFJP? (a) The NFJP will use the core indicators of performance common to the adult and youth programs, described in 20 CFR...


must an NFJP grantee submit? Each grantee receiving WIA section 167 program funds must submit to DSFP a comprehensive service delivery plan and a projection...


required in the NFJP grant plans? An NFJP grantee's biennial plan must describe: (a) The employment and education needs of the farmworker population to...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR669.530] [Page 830] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 669_NATIONAL FARMWORKER JOBS PROGRAM UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT--Table of Contents Subpart D_Performance Accountability, Planning and Waiver Provision Sec. 669.530 What are the submission dates for these plans? We will announce plan submission dates in the SGA issued under Sec. 669.220. ...


are the terms of the grantee's plan modified by the grantee or the Department? (a) Plans must be modified to reflect the funding level for the second year of...


under the NFJP? (a) Costs are classified as follows: (1) Administrative costs, as defined in 20 CFR 667.220; and (2) Program costs, which are all...


administrative cost limits for States and local areas apply to NFJP grants? No, under 20 CFR 667.210(b), limits on administrative costs for NFJP grants will be...


and/or statutory waiver provisions that apply to WIA section 167? (a) The statutory waiver provision at WIA section 189(i) does not apply to WIA section 167. ...


required to document a requested waiver? To request a waiver, a grantee must submit a waiver plan that: (a) Describes the goals of the waiver, the...


167 MSFW Youth Program? The purpose of the MSFW youth program is to provide an effective and comprehensive array of educational opportunities,...


MSFW youth program and the NFJP authorized at WIA section 167? The MSFW youth program is funded under WIA section 127(b)(1)(A)(iii) to provide farmworker...


apply to the NFJP program authorized under WIA section 167? (a) This subpart applies only to the administration of grants for MSFW youth programs funded under...


as an ``MSFW youth program grantee''? Any entity that meets the requirements described in the SGA may apply for designation as an ``MSFW youth program...


designation as an MSFW youth program grantee? (a) To apply for designation as an MSFW youth program grantee, entities must respond to an SGA by submitting a plan...


section 167 youth grantees? The allocation of funds among entities designated as WIA section 167 MSFW Youth Program grantees is based on the comparative merits of...


are required in the application for MSFW youth grants and when must they be filed? The required planning documents and other required information and the...


the section 167 MSFW youth program? Disadvantaged youth, ages 14 through 21, who are individually eligible or are members of eligible families under the...


be provided under the MSFW youth program? (a) Based on an evaluation and assessment of the needs of MSFW youth participants, grantees may provide activities and...


Subpart A_Scope and Purpose Sec. 670.100 What is the scope of this part? 670.110 What is the Job Corps program? 670.120 What definitions...


a national program that operates in partnership with States and communities, local Workforce Investment Boards, youth councils, One-Stop Centers and partners, and other...


The following definitions apply to this part: Absent Without Official Leave (AWOL) means an adverse enrollment status to which a student is assigned based on extended,...


The Job Corps Director has been delegated the authority to carry out the responsibilities of the Secretary under Subtitle I-C of the Act. Where the term ``Secretary'' is used...


will be located? (a) The Secretary must approve the location and size of all Job Corps centers. (b) The Secretary establishes procedures for making...


new construction handled? The Secretary issues procedures for requesting, approving, and initiating capital improvements and new construction on Job...


maintenance of center facilities? (a) Yes, the Secretary establishes procedures for the protection and maintenance of contract center facilities owned or...


to operate centers and provide training and operational support services? (a) Entities eligible to receive funds under this subpart to operate centers...


(a) The Secretary selects eligible entities to operate contract centers and operational support service providers on a competitive basis in accordance with...


and payments to Federal agencies? (a) The requirements of the Federal Property and Administrative Services Act of 1949, as amended; the Federal Grant...


670.400 Who is eligible to participate in the Job Corps program? To be eligible to participate in the Job Corps, an individual must be: (a) At least...


670.410 Are there additional factors which are considered in selecting an eligible applicant for enrollment? Yes, in accordance with procedures issued by...


670.420 Are there any special requirements for enrollment related to the Military Selective Service Act? (a) Yes, each male applicant 18 years of age or older...


670.430 What entities conduct outreach and admissions activities for the Job Corps program? The Regional Director makes arrangements with outreach and...


670.440 What are the responsibilities of outreach and admissions agencies? (a) Outreach and admissions agencies are responsible for: (1) Developing...


670.450 How are applicants who meet eligibility and selection criteria assigned to centers? (a) Each applicant who meets the application and...


670.460 What restrictions are there on the assignment of eligible applicants for nonresidential enrollment in Job Corps? (a) No more than 20 percent of...


670.470 May a person who is determined to be ineligible or an individual who is denied enrollment appeal that decision? (a) A person who is determined to be...


670.480 At what point is an applicant considered to be enrolled in Job Corps? (a) To become enrolled as a Job Corps student, an applicant selected for...


670.490 How long may a student be enrolled in Job Corps? (a) Except as provided in paragraph (b) of this section, a student may remain enrolled in Job Corps for...


(a) Job Corps centers must provide: (1) Academic, vocational, employability and social skills training; (2) Work-based learning; and (3)...


provide? (a) Job Corps centers must provide basic education, vocational and social skills training. The Secretary provides curriculum standards...


providing all vocational training? No, in order to facilitate students' entry into the workforce, the Secretary may contract with national business, union,...


in managing work-based learning? (a) The center operator must emphasize and implement work-based learning programs for students through center program...


work-based learning opportunities? Yes, a center operator may authorize a student to participate in gainful leisure time employment, as long as the employment does...


Corps center operators provide? Job Corps center operators must provide the following services according to procedures issued by the Secretary: (a) A...


a student accountability system? Yes, each Job Corps center must establish and operate an effective system to account for and document the whereabouts,...


management systems? (a) Yes, each Job Corps center must establish and maintain its own student incentives system to encourage and reward...


(a) Each Job Corps center must have a zero tolerance policy for: (1) An act of violence, as defined in procedures issued by the Secretary; (2) Use, sale,...


due process in disciplinary actions? The center operator must ensure that all students receive due process in disciplinary proceedings according to...


in assisting students with child care needs? (a) Job Corps centers are responsible for coordinating with outreach and admissions agencies to assist students...


ensuring that students' religious rights are respected? (a) Centers must ensure that a student has the right to worship or not worship as he or she chooses. ...


demonstration projects? (a) Yes, the Secretary may undertake experimental, research and demonstration projects related to the Job Corps program according to...


students? Yes, Job Corps provides for the transportation of students between their homes and centers as described in policies and procedures issued by...


their Job Corps centers? Job Corps students are eligible for annual leaves, emergency leaves and other types of leaves of absence from their assigned...


performance bonuses? (a) Yes, according to criteria and rates established by the Secretary, Job Corps students receive cash living allowances,...


Yes, Job Corps student allowances are subject to Federal payroll tax withholding and social security taxes. Job Corps students are considered to be Federal employees...


Job Corps students are provided cash clothing allowances and/or articles of clothing, including safety clothing, when needed for their participation in Job Corps and their...


preparing students for placement services? Job Corps centers must test and counsel students to assess their competencies and capabilities and determine...


students? (a) Job Corps placement services focus on placing program graduates in: (1) Full-time jobs that are related to their vocational training and that...


The One-Stop system must be used to the fullest extent possible in placing graduates and former students in jobs. Job Corps placement agencies provide placement services under...


(a) Placement agencies are responsible for: (1) Contacting graduates; (2) Assisting them in improving skills in resume preparation,...


Yes, according to procedures issued by the Secretary, continued services, including transition support and workplace counseling, must be provided to program...


Placement agencies, centers or other agencies, including One-Stop partners, may provide post-program services under a contract or other agreement with the...


(a) The Secretary issues guidelines for the National Office, Regional Offices, Job Corps centers and operational support providers to use in developing and...


involved in their local communities? (a) Job Corps representatives serve on Youth Councils operating under applicable Local Boards wherever...


reimbursement under the Tort Claims Act? Yes, Students are considered Federal employees for purposes of the Tort Claims Act (28 U.S.C. 2671 et seq.). If a student...


Job Corps Centers eligible for reimbursement under the Tort Claims Act? (a) Whenever there is loss or damage to persons or property, which is believed to have...


Benefits (FECB)? (a) Job Corps students are considered Federal employees for purposes of the Federal Employees Compensation Act (FECA). (WIA...


be in the performance of duty? Residential students will be considered to be in the ``performance of duty'' at all times while: (a) They are on center under...


be in the performance of duty? Non-resident students are considered ``in performance of duty'' as Federal employees when they are engaged in any authorized Job...


the performance of duty? Students are considered to be not in the performance of duty when: (a) They are AWOL; (b) They are at home, whether on pass or...


(a) FECA benefits for disability or death are computed using the entrance salary for a grade GS-2 as the student's monthly pay. (b) The provisions of 5 U.S.C. 8113 (a) and...


unhealthy situations? (a) The Secretary establishes procedures to ensure that students are not required or permitted to work, be trained, reside in, or...


enforcement jurisdiction on center property? (a) All Job Corps property which would otherwise be under exclusive Federal legislative jurisdiction is considered...


authorized to pay State or local taxes on gross receipts? (a) A private for-profit or a nonprofit Job Corps service provider is not liable, directly or...


Job Corps center operators and other service providers? (a) Center operators and other service providers must manage Job Corps funds using financial...


to Federal audits? (a) Yes, Center operators and service providers are subject to Federal audits. (b) The Secretary arranges for the survey, audit,...


student records? The Secretary issues guidelines for a system for maintaining records for each student during enrollment and for disposition of such records...


about Job Corps students and program activities? (a) The Secretary develops procedures to respond to requests for information or records or other...


operators and operational support service providers? The Secretary establishes procedures to ensure the timely and complete reporting of necessary financial...


assessed? The performance of the Job Corps program as a whole, and the performance of individual program components, is assessed on an ongoing basis, in...


Job Corps? (a) At a minimum, the performance assessment system established under Sec. 670.975 will include expected levels of performance established for each of...


admissions contractor or other service provider fails to meet the expected levels of performance? (a) The Secretary takes appropriate action...


and disputes? (a) Each Job Corps center operator and service provider must establish and maintain a grievance procedure for filing complaints...


disputes are resolved in a timely fashion? (a) If a complaint is not resolved by the center operator or service provider in the time frames described in Sec....


other service providers comply with the Act and the WIA regulations? (a) If DOL receives a complaint or has reason to believe that a center or other service provider...


will be resolved? A dispute between DOL and a Job Corps contractor will be handled according to the Contract Disputes Act and...


and other Federal Agencies? Disputes between DOL and a Federal Agency operating a center will be handled according to the interagency agreement with the agency...


apply to Job Corps? Nondiscrimination requirements, procedures, complaint processing, and compliance reviews are governed by, as applicable,...


purpose of national emergency grants under WIA section 173? 671.105 What funds are available for national emergency grants? 671.110 What are major economic dislocations...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR671.105] [Page 849] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 671_NATIONAL EMERGENCY GRANTS FOR DISLOCATED WORKERS--Table of Contents Sec. 671.105 What funds are available for national emergency grants? We use funds reserved under WIA section 132(a)(2)(A) to provide financial assistance to eligible applicant for grants under WIA section 173. ...


(a) Plant closures; (b) Mass layoffs affecting 50 or more workers at a single site of employment; (c) Closures and realignments of military installations; ...


entity determined to be appropriate by the Governor of the State in which the project is located may apply for a national emergency grant. Also, Indian tribes,...


submitting applications for National Emergency Grants in the Federal Register. The instructions specify application procedures, selection criteria and the...


emergency grants to respond to mass layoffs and plant closures may be submitted to the Department as soon as: (1) The State receives a notification of a mass layoff or...


(a) National emergency grants may provide adjustment assistance for eligible dislocated workers, described at WIA section 173(c)(2) or (d)(2). (b) Adjustment...


request and we may approve the application of existing general statutory or regulatory waivers and workflex waivers to a National Emergency Grant award. The application for...


response is a required Statewide activity under WIA section 134(a)(2)(A), to be carried out by the State or its designee in collaboration with the Local Board(s) and chief...


program requirements and administrative standards set forth at 20 CFR parts 663 and 667 will apply. (b) Exceptions include: (1) Funds provided in response to a...




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