Job Training Partnership Act (JTPA) regulatory amendments, 59 Fed. Reg. 45815 (Sept. 2, 1994) (Revised introductory regulations and table of contents)

Job Training Partnership Act (JTPA) regulatory amendments, 59 Fed. Reg. 45815 (Sept. 2, 1994) (Revised introductory regulations and table of contents )
[Excerpt from Federal Register / Vol. 59, No. 170 / Friday, September 2, 1994
/ 45815 (amendments to JTPA regulations)]

    Accordingly, chapter V of title 20, Code of Federal Regulations is 
amended, as follows:

    1. Part 626 is revised to read as follows:

PART 626--INTRODUCTION TO THE REGULATIONS UNDER THE JOB TRAINING 
PARTNERSHIP ACT

Sec.
626.1  Scope and purpose of the Job Training Partnership Act.
626.2  Format of the Job Training Partnership Act regulations.
626.3  Purpose, scope, and applicability of the Job Training 
Partnership Act regulations.
626.4  Table of contents for the Job Training Partnership Act 
regulations.
626.5  Definitions.


    Authority: 29 U.S.C. 1579(a); Sec. 6305(f), Pub. L. 100-418, 102 
Stat. 1107; 29 U.S.C. 1791i(e).
Sec. 626.1  Scope and purpose of the Job Training Partnership Act.


    It is the purpose of the Job Training Partnership Act (JTPA or the 
Act) to establish programs to prepare youth and adults facing serious 
barriers to employment for participation in the labor force by 
providing job training and other services that will result in increased 
employment and earnings, increased educational and occupational skills, 
and decreased welfare dependency, thereby improving the quality of the 
work force and enhancing the productivity and competitiveness of the 
Nation (section 2).


Sec. 626.2  Format of the Job Training Partnership Act regulations.


    (a) Regulations promulgated by the Department of Labor to implement 
the provisions of the Act are set forth in parts 626 through 638 of 
title 20, chapter V, of the Code of Federal Regulations, with the 
exception of the veterans' employment program's chapter IX regulations 
of the Office of the Assistant Secretary for Veterans' Employment and 
Training, which are set forth at part 1005 of title 20.

    (b) Nondiscrimination and equal opportunity requirements and 
procedures, including complaint processing and compliance reviews, will 
be governed by the provisions of 29 CFR part 34 and will be 
administered by the Department of Labor (Department or DOL) Directorate 
of Civil Rights.

    (c) General authority for the JTPA regulations is found at section 
169 of the Act. Specific statutory authorities other than section 169 
are noted throughout the JTPA regulations.


Sec. 626.3  Purpose, scope, and applicability of the Job Training 
Partnership Act regulations.


    (a) Parts 626 through 638 of this chapter and part 1005 of chapter 
IX (Veterans' employment programs under title IV, part C of the Job 
Training Partnership Act) establish the Federal programmatic and 
administrative requirements for JTPA grants awarded by the Department 
of Labor to eligible grant recipients.

    (b) Parts 626 through 638 of this chapter and part 1005 of chapter 
IX apply to recipients and subrecipients of JTPA funds.


Sec. 626.4  Table of contents for the Job Training Partnership Act 
regulations.


    The table of contents for the regulations under the Job Training 
Partnership Act, 20 CFR parts 626-638 and 1005, is as follows:

PART 626--INTRODUCTION TO THE REGULATIONS UNDER THE JOB TRAINING 
PARTNERSHIP ACT

Sec.
626.1  Scope and purpose of the Job Training Partnership Act.
626.2  Format of the Job Training Partnership Act regulations.
626.3  Purpose, scope and applicability of the Job Training 
Partnership Act regulations.
626.4  Table of contents for the Job Training Partnership Act 
regulations.
626.5  Definitions.

PART 627--GENERAL PROVISIONS GOVERNING PROGRAMS UNDER THE ACT

Subpart A--Scope and Purpose

627.100  Scope and Purpose of Part 627.

Subpart B--Program Requirements

627.200  Governor/Secretary agreement.
627.205  Public service employment prohibition.
627.210  Nondiscrimination and nonsectarian activities.
627.215  Relocation.
627.220  Coordination with programs under title IV of the Higher 
Education Act including the Pell grant program.
627.225  Employment generating activities.
627.230  Displacement.
627.235  General program requirements.
627.240  On-the-job training.
627.245  Work experience.
627.250  Interstate agreements.

Subpart C--Payments, Supportive Services and Benefits and Working 
Conditions

627.300  Scope and purpose.
627.305  Payments.
627.310  Supportive Services.
627.315  Benefits and working conditions.

Subpart D--Administrative Standards

627.400  Scope and purpose.
627.405  Grant agreement and funding.
627.410  Reallotment and reallocation.
627.415  Insurance.
627.420  Procurement.
627.422  Selection of service providers.
627.423  Funding restrictions for "high-risk" recipients and 
subrecipients.
627.424  Prohibition of subawards to debarred and suspended parties.
627.425  Standards for financial management and participant data 
systems.
627.430  Grant payments.
627.435  Cost principles and allowable costs.
627.440  Classification of costs.
627.445  Limitations on certain costs.
627.450  Program income.
627.455  Reports required.
627.460  Requirements for records.
627.463  Public access to records.
627.465  Property management standards.
627.470  Performance standards.
627.471  Reorganization plan appeals.
627.475  Oversight and monitoring.
627.477  Governor's determination of substantial violation.
627.480  Audits.
627.481  Audit resolution.
627.485  Closeout.
627.490  Later disallowances and adjustments after closeout.
627.495  Collection of amounts due.

Subpart E--Grievances Procedures at the State and Local Level

627.500  Scope and purpose.
627.501  State grievance and hearing procedures for noncriminal 
complaints at the recipient level.
627.502  Grievance and hearing procedures for noncriminal complaints 
at the SDA and SSG levels.
627.503  Recipient-level review.
627.504  Noncriminal grievance procedure at employer level.

Subpart F--Federal Handling of Noncriminal Complaints and other 
Allegations

627.600  Scope and purpose.
627.601  Complaints and allegations at the Federal level.
627.602  Resolution of investigative findings.
627.603  Special handling of labor standards violations under 
section 143 of the Act.
627.604  Alternative procedure for handling labor standards 
violations under section 143--Binding arbitration.
627.605  Special Federal review of SDA and SSG-level complaints 
without decision.
627.606  Grant officer resolution.
627.607  Grant Officer resolution of Governor's failure to promptly 
take action.

Subpart G--Sanctions for Violations of the Act

627.700  Scope and purpose.
627.702  Sanctions and corrective actions.
627.703  Failure to comply with procurement provisions.
627.704  Process for waiver of State liability.
627.706  Process for advance approval of a recipient's contemplated 
corrective actions.
627.708  Offset process.

Subpart H--Hearings by the Office of Administrative Law Judges

627.800  Scope and purpose.
627.801  Procedures for filing request for hearing.
627.802  Rules of procedure.
627.803  Relief.
627.804  Timing of decisions.
627.805  Alternative dispute resolution.
627.806  Other authority.

Subpart I--Transition Provisions

627.900  Scope and purpose.
627.901  Transition period.
627.902  Governor's actions.
627.903  Actions which are at the discretion of the Governor.
627.904  Transition and implementation.
627.905  Guidance on contracts and other agreements.
627.906  Determinations on State and SDA implementation.

PART 628--PROGRAMS UNDER TITLE II OF THE JOB TRAINING PARTNERSHIP ACT

Subpart A--Scope and Purpose

628.100  Scope and purpose of part 628.

Subpart B--State Planning

628.200  Scope and purpose.
628.205  Governor's coordination and special services plan.
628.210  State Job Training Coordinating Council.
628.215  State Human Resource Investment Council.

Subpart C--State Programs

628.300  Scope and purpose.
628.305  State distribution of funds.
628.310  Administration.
628.315  Education coordination and grants.
628.320  Services for older individuals.
628.325  Incentive grants, capacity building and technical 
assistance.

Subpart D--Local Service Delivery System

628.400  Scope and purpose.
628.405  Service delivery areas.
628.410  Private Industry Council.
628.415  Selection of SDA grant recipient and administrative entity.
628.420  Job training plan.
628.425  Review and approval.
628.426  Disapproval or revocation of the plan.
628.430  State SDA submission.
Subpart E--Program Design Requirements for Programs Under Title II of 
the Job Training Partnership Act

628.500  Scope and purpose.
628.505  Eligibility.
628.510  Intake, referrals, and targeting.
628.515  Objective assessment.
628.520  Individual service strategy.
628.525  Limitations.
628.530  Referrals of participants to non-title II programs.
628.535  Limitations on job search assistance.
628.540  Volunteer program.
628.545  Linkages and coordination.
628.550  Transfer of funds.

Subpart F--The Adult Program

628.600  Scope and purpose.
628.605  Eligibility.
628.610  Authorized services.

Subpart G--The Summer Youth Employment and Training Program

628.700  Scope and purpose.
628.701  Program goals and objectives.
628.702  Enriched Educational Component.
638.703  Private Sector Summer Jobs.
628.704  Eligibility.
628.705  SYETP authorized services.
628.710  Period of program operation.

Subpart H--Youth Training Program

628.800  Scope and purpose.
628.803  Eligibility.
628.804  Authorized services.

PART 629--[RESERVED]

PART 630--[RESERVED]

PART 631--PROGRAMS UNDER TITLE III OF THE JOB TRAINING PARTNERSHIP ACT

Subpart A--General Provisions

631.1  Scope and purpose.
631.2  Definitions.
631.3  Participant eligibility.
631.4  Approved training rule.
Subpart B--Additional Title III Administrative Standards and Procedures
631.11  Allotment and obligation of funds by the Secretary.
631.12  Reallotment of funds by the Secretary.
631.13  Classification of costs at State and substate levels.
631.14  Limitations on certain costs.
631.15  Federal reporting requirements.
631.16  Complaints, investigations, and penalties.
631.17  Federal monitoring and oversight.
631.18  Federal by-pass authority.
631.19  Appeals.

Subpart C--Needs-Related Payments

631.20  Needs-related payments.

Subpart D--State Administration

631.30  Designation or creation and functions of a State dislocated 
worker unit or office and rapid response assistance.
631.31  Monitoring and oversight.
631.32  Allocation of funds by the Governor.
631.33  State procedures for identifying funds subject to mandatory 
Federal reallotment.
631.34  Designation of substate areas.
631.35  Designation of substate grantees.
631.36  Biennial State plan.
631.37  Coordination activities.
631.38  State by-pass authority.

Subpart E--State Programs

631.40  State program operational plan.
631.41  Allowable State activities.

Subpart F--Substate Programs

631.50  Substate plan.
631.51  Allowable substate program activities.
631.52  Selection of service providers.
631.53  Certificate of continuing eligibility.

Subpart G--Federal Delivery of Dislocated Worker Services Through 
National Reserve Account Funds

631.60  General.
631.61  Application for funding and selection criteria.
631.62  Cost limitations.
631.63  Reporting.
631.64  General Administrative Requirements.
631.65  Special Provisions for CAETA and DDP.

Subpart H--[Reserved]

Subpart I--Disaster Relief Employment Assistance

631.80  Scope and Purpose.
631.81  Availability of funds.
631.82  Substate allocation.
631.83  Coordination.
631.84  Allowable projects.
631.85  Participant eligibility.
631.86  Limitations on disaster relief employment.
631.87  Definitions.

PART 632--INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS

Subpart A--Introduction

632.1  [Reserved]
632.2  Scope and purpose.
632.3  Format for these regulations.
632.4  Definitions.

Subpart B--Designation Procedures for the Native American Grantees

632.10  Eligibility requirements for designation as a Native 
American grantee.
632.11  Designation of Native American grantees.
632.12  Alternative arrangements for the provision of services, 
nondesignation.
632.13  Review of denial of designation as a Native American 
grantee, or rejection of a comprehensive annual plan.

Subpart C--Program Planning, Application and Modification Procedures

632.17  Planning process.
632.18  Regional and national planning meetings.
632.19  Grant application content.
632.20  Submission of grant applications.
632.21  Application disapproval.
632.22  Modification of a Comprehensive Annual Plan (CAP) and/or 
aster Plan.
632.23  Termination and corrective action of a CAP and/or Master 
Plan.

Subpart D--Administrative Standards and Procedures

632.31  General.
632.32  Financial management systems.
632.33  Audits.
632.34  Program income.
632.35  Native American grantee contracts and subgrants.
632.36  Procurement standards.
632.37  Allowable costs.
632.38  Classification of costs.
632.39  Administrative cost plan.
632.40  Administrative staff and personnel standards.
632.41  Reporting requirements.
632.42  Grant closeout procedures.
632.43  Reallocation of funds.
632.44  Sanctions for violation of the Act.

Subpart E--Program Design and Management

632.75  General responsibilities of Native American grantees.
632.76  Program management systems.
632.77  Participant eligibility determination.
632.78  Training activities.
632.79  Employment activities.
632.80  Other activities.
632.81  Payments to participants.
632.82  Benefits and working conditions for participants.
632.83  FICA.
632.84  Non-Federal status of participants.
632.85  Participant limitations.
632.86  Nondiscrimination and nonsectarian activities.
632.87  Equitable provision of services to the eligible population 
and significant segments.
632.88  General responsibilities of the Department.
632.89  Performance standards.

Subpart F--Prevention of Fraud and Program Abuse

632.115  General.
632.116  Conflict of interest.
632.117  Kickbacks.
632.118  Nepotism.
632.119  Political patronage.
632.120  Political activities.
632.121  Lobbying activities.
632.122  Unionization and antiunionization activities; work 
stoppages.
632.123  Maintenance of effort.
632.124  Theft or embezzlement from employment and training funds; 
improper inducement; obstruction of investigations and other 
criminal provisions.
632.125  Responsibilities of Native American grantees, subgrantees 
and contractors for preventing fraud and program abuse and for 
general program management.

Subpart G--[Reserved]

Subpart H--Job Training Partnership Act Programs Under Title IV, 
Section 401
632.170  Eligibility for funds.
632.171  Allocation of funds.
632.172  Eligibility for participation in Title IV, Section 401.
632.173  Allowable program activities.
632.174  Administrative costs.

Subpart I--Summer Youth Employment and Training Programs

632.250  General.
632.251  Eligibility for funds.
632.252  Allocation of funds.
632.253  Special operating provision.
632.254  Program startup.
632.255  Program planning.
632.256  Submission of applications.
632.257  Eligibility for participation.
632.258  Allowable activities.
632.259  Vocational exploration program.
632.260  Worksite standards.
632.261  Reporting requirements.
632.262  Termination date for the summer program.
632.263  Administrative costs.

PART 633--MIGRANT AND SEASONAL FARMWORKER PROGRAMS

Subpart A--Introductory Provisions

633.102  Scope and purpose of Title IV, Section 402 programs.
633.103  Format for these regulations.
633.104  Definitions.
633.105  Allocation of funds.
633.106  Eligibility for allocable funds.
633.107  Eligibility for participation in Section 402 programs.

Subpart B--Grant Planning and Application Procedures

633.201  Grant planning and application procedures in general.
633.202  Announcement of State planning estimates and invitation to 
submit a grant application.
633.203  Review of funding request.
633.204  Responsibility review.
633.205  Notification of selection.

Subpart C--Program Design and Administrative Procedures

633.301  General responsibilities.
633.302  Training activities and services.
633.303  Allowable costs.
633.304  Section 402 cost allocation.
633.305  General benefits and working conditions for program 
participants.
633.306  Retirement benefits.
633.307  Packages of benefits.
633.308  Non-Federal status of participants.
633.309  Recordkeeping requirements.
633.310  Bonding.
633.311  Management information systems.
633.312  Grantee contracts and subgrants.
633.313  Administrative staff and personnel standards.
633.314  Reports required.
633.315  Replacement, corrective action, termination.
633.316  Closeout procedures.
633.317  Reallocation of funds.
633.318  Nondiscrimination and nonsectarian activities.
633.319  Lobbying, political activities and unionization.
633.320  Nepotism.
633.321  Performance standards for Section 402 programs.
633.322  Sanctions for violation of the Act.
PART 634--LABOR MARKET INFORMATION PROGRAMS UNDER TITLE IV, PART E OF 
THE JOB TRAINING PARTNERSHIP ACT

Comprehensive Labor Market Information System

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

PART 635--[RESERVED]

PART 636--COMPLAINTS, INVESTIGATIONS, AND HEARINGS

636.1  Scope and purpose.
636.2  Protection of informants.
636.3  Complaint and hearing procedures at the grantee level.
636.4  Grievance procedures at the employer level.
636.5  Exhaustion of grantee level procedure.
636.6  Complaints and investigations at the Federal level.
636.7  Subpoenas.
636.8  Initial and final determination; request for hearing at the 
Federal level.
636.9  Opportunity for informal review.
636.10  Hearings before the Office of Administrative Law Judges.
636.11  Final action.

PART 637--PROGRAMS UNDER TITLE V OF THE JOB TRAINING PARTNERSHIP ACT

Subpart A--General Provisions

Sec.
637.100  Scope and purpose.
637.105  Definitions.

Subpart B--Program Planning and Operation

637.200  Allotments to States.
637.205  Notice of intent to participate.
637.210  Incentive bonus program applications.
637.215  Review and approval of applications for incentive bonus 
payments.
637.220  Eligibility criteria for individuals to be counted in 
determining incentive bonuses.
637.225  Determination of incentive bonus.
637.230  Use of incentive bonuses.

Subpart C--Additional Title V Administrative Standards and Procedures

637.300  Management systems, reporting and recordkeeping.
637.305  Federal monitoring and oversight.
637.310  Audits.

Subpart D--Data Collection [Reserved]

PART 638--JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING 
PARTNERSHIP ACT

Subpart A--Purpose and Scope

638.100  General.

Subpart B--Definitions

638.200  Definitions.

Subpart C--Funding, Site Selection, and Facilities Management

638.300  Eligibility for funds and eligible deliverers.
638.301  Funding procedures.
638.302  Center performance measurement.
638.303  Site selection and facilities management.
638.304  Historical preservation.
638.305  Capital improvements.
638.306  Protection and maintenance of contract center facilities 
owned or leased by Job Corps.
638.307  Facilities surveys.
Subpart D--Enrollment, Transfers, Terminations, and Placements in the 
Job Corps
638.400  Eligibility for participation.
638.401  Outreach and screening of participants.
638.402  Enrollment by readmission.
638.403  Selective service.
638.404  Transfers.
638.405  Extensions of enrollment.
638.406  Federal status of students.
638.407  Terminations.
638.408  Transportation.
638.409  Placement and job development.

Subpart E--Center Operations

638.500  Orientation program.
694.501  Student handbook.
638.502  Job Corps basic education program.
638.503  Vocational training.
638.504  Occupational exploration programs.
638.505  Scheduling of training.
638.506  Purchase of vocational supplies and equipment.
638.507  Work experience.
638.508  Sale of services or objects.
638.509  Leisure-time employment.
638.510  Health care and services.
638.511  Drug use and abuse.
638.512  Sexual behavior and harassment.
638.513  Death.
638.514  Residential support services.
638.515  Recreation/avocational program.
638.516  Laundry, mail, and telephone service.
638.517  Counseling.
638.518  Intergroup relations program.
638.519  Incentives system.
638.520  Student government and leadership program.
638.521  Student welfare associations.
638.522  Evaluation of student progress.
638.523  Food service.
638.524  Allowances and allotments.
638.525  Clothing.
638.526  Tort and other claims.
638.527  Federal employees' compensation.
638.528  Social Security.
638.529  Income taxes.
638.530  Emergency use of personnel, equipment, and facilities.
638.531  Limitations on the use of students in emergency projects.
638.532  Annual leave.
638.533  Other student absences.
638.534  Legal services to corpsmembers.
638.535  Voting rights.
638.536  Religious rights.
638.537  Disclosure of information.
694.538  Disciplinary procedures and appeals.
638.539  Complaints and disputes.
638.540  Cooperation with agencies and institutions.
638.541  Job Corps training opportunities.
638.542  Child care services.
638.543  Community relations program.

Subpart F--Applied Vocational Skills Training (VST)

638.600  Applied vocational skills training (VST) through work 
projects.
638.601  Applied VST budgeting.

Subpart G--Experimental, Research, and Demonstration Projects

638.710  Experimental, research, and demonstration projects.

Subpart H--Administrative Provisions

638.800  Program management.
638.801  Staff training.
638.802  Student records management.
638.803  Safety.
638.804  Environmental health.
638.805  Security and law enforcement.
638.806  Property management and procurement.
638.807  Imprest and petty cash funds.
638.808  Center financial management and reporting.
638.809  Audit.
638.810  Reporting requirements.
638.811  Review and evaluation.
638.812  State and local taxation of Job Corps deliverers.
638.813  Nondiscrimination, nonsectarian activities.
638.814  Lobbying; political activities; unionization.
638.815  Charging fees.
PART 1005--VETERANS' EMPLOYMENT PROGRAMS UNDER THE TITLE IV, PART C OF 
THE JOB TRAINING PARTNERSHIP ACT

Subpart A--General Provisions

1005.1  Scope and purpose.
1005.2  Program administration.
1005.3  Participant eligibility.

Subpart B--Program Funding

1005.11  Availability of funds.
1005.12  Eligibility for funds.
1005.13  Application for funding.
1005.14  Review of application for funding.
1005.15  Approval of funding requests.

Subpart C--Program Design and Management

1005.21  General.
1005.22  Allowable activities.
1005.23  Program management and performance standards.
1005.24  Recordkeeping and reporting requirements.
1005.25  Monitoring and oversight.
1005.26  Grievance procedures.


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