[Federal Register: August 11, 2000 (Volume 65, Number 156)]
[Rules and Regulations]
[Page 49293-49342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au00-7]
For the reasons stated in the preamble, 20 CFR Chapter V is amended
as follows:
1. Parts 660 through 671 are revised to read as follows:
PART 660--INTRODUCTION TO THE REGULATIONS FOR WORKFORCE INVESTMENT
SYSTEMS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT
Sec.
660.100 What is the purpose of title I of the Workforce Investment
Act of 1998?
660.200 What do the regulations for workforce investment systems
under title I of the Workforce Investment Act cover?
660.300 What definitions apply to the regulations for workforce
investment systems under title I of WIA?
Authority: Sec. 506(c), Pub. L. 105-220; 20 U.S.C. 9276(c).
Sec. 660.100 What is the purpose of title I of the Workforce
Investment Act of 1998?
The purpose of title I of the Workforce Investment Act of 1998
(WIA) is to provide workforce investment activities that increase the
employment, retention and earnings of participants, and increase
occupational skill attainment by participants, which will improve the
quality of the workforce, reduce welfare dependency, and enhance the
productivity and competitiveness of the Nation's economy. These goals
are achieved through the workforce investment system. (WIA sec. 106.)
Sec. 660.200 What do the regulations for workforce investment systems
under title 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 programs operated with
funds provided under title I of WIA. This part 660 describes the
purpose of that Act, explains the format of these regulations and sets
forth definitions for terms that apply to each part. Part 661 contains
regulations relating to Statewide and local governance of the workforce
investment system. Part 662 describes the One-Stop system and the roles
of One-Stop partners. Part 663 sets forth requirements applicable to
WIA title I programs serving adults and dislocated workers. Part 664
sets forth requirements applicable to WIA title I programs serving
youth. Part 665 contains regulations relating to Statewide activities.
Part 666 describes the WIA title I performance accountability system.
Part 667 sets forth the administrative requirements applicable to
programs funded under WIA title I. Parts 668 and 669 contain the
particular requirements applicable to programs serving Indians and
Native Americans and Migrant and Seasonal Farmworkers, respectively.
Parts 670 and 671 describe the particular requirements applicable to
the Job Corps and other national programs, respectively. In addition,
part 652 describes the establishment and functioning of State
Employment Services under the Wagner-Peyser Act, and 29 CFR part 37
contains the Department's nondiscrimination regulations implementing
WIA section 188.
Sec. 660.300 What definitions apply to the regulations for workforce
investment 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 660
through 671:
Department or DOL means the U.S. Department of Labor, including its
agencies and organizational units.
Designated region means a combination of local areas that are
partly or completely in a single labor market area, economic
development region, or other appropriate contiguous subarea of a State,
that is designated by the State under WIA section 116(c), or a similar
interstate region that is designated by two or more States under WIA
section 116(c)(4).
Employment and training activity means a workforce investment
activity that is carried out for an adult or dislocated worker.
EO data means data on race and ethnicity, age, sex, and disability
required by 29 CFR part 37 of the DOL regulations implementing section
188 of WIA, governing nondiscrimination.
ETA means the Employment and Training Administration of the U.S.
Department of Labor.
Grant means an award of WIA financial assistance by the U.S.
Department of Labor to an eligible WIA recipient.
Grantee means the direct recipient of grant funds from the
Department of Labor. A grantee may also be referred to as a recipient.
Individual with a disability means an individual with any
disability (as defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102)). For purposes of WIA section 188, this
term is defined at 29 CFR 37.4.
Labor Federation means an alliance of two or more organized labor
unions for the purpose of mutual support and action.
Literacy means an individual's ability to read, write, and speak in
English, and to compute, and solve problems, at levels of proficiency
necessary to function on the job, in the family of the individual, and
in society.
Local Board means a Local Workforce Investment Board established
under WIA section 117, to set policy for the local workforce investment
system.
Obligations means the amounts of orders placed, contracts and
subgrants awarded, goods and services received, and similar
transactions during a funding period that will require payment by the
recipient or subrecipient during the same or a future period. For
purposes of the reallotment process described at 20 CFR 667.150, the
Secretary also treats as State obligations any amounts allocated by the
State under WIA sections 128(b) and 133(b) to a single area State or to
a balance of State local area administered by a unit of the State
government, and inter-agency transfers and other actions treated by the
State as encumbrances against amounts reserved by the State under WIA
sections 128(a) and 133(a) for Statewide workforce investment
activities.
Outlying area means the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau.
Participant means an individual who has registered under 20 CFR
663.105 or 664.215 and has been determined to be eligible to
participate in and who is receiving services (except for follow up
services) under a program authorized by WIA title I. Participation
commences on the first day, following determination of eligibility, on
which the individual begins receiving core, intensive, training or
other services provided under WIA title I.
Recipient means an entity to which a WIA grant is awarded directly
from the Department of Labor to carry out a program under title I of
WIA. The State is the recipient of funds awarded under WIA sections
127(b)(1)(C)(I)(II), 132(b)(1)(B) and 132(b)(2)(B). The recipient is
the entire legal entity that received the award and is legally
responsible for carrying out the WIA program, even if only a particular
component of the entity is designated in the grant award document.
Register means the process for collecting information to determine
an individual's eligibility for services under WIA title I. Individuals
may be registered in a variety ways, as described in 20 CFR 663.105 and
20 CFR 664.215.
Secretary means the Secretary of the U.S. Department of Labor.
Self certification means an individual's signed attestation that
the information he/she submits to demonstrate eligibility for a program
under title I of WIA is true and accurate.
State means each of the several States of the United States, the
District of Columbia and the Commonwealth of Puerto Rico. The term
``State'' does not include outlying areas.
State Board means a State Workforce Investment Board established
under WIA section 111.
Subgrant means an award of financial assistance in the form of
money, or property in lieu of money made under a grant by a grantee to
an eligible subrecipient. The term includes financial assistance when
provided by contractual legal agreement, but does not include
procurement purchases, nor does it include any form of assistance which
is excluded from the definition of Grant in this part.
Subrecipient means an entity to which a subgrant is awarded and
which is accountable to the recipient (or higher tier subrecipient) for
the use of the funds provided. DOL's audit requirements for States,
local governments, and non-profit organizations provides guidance on
distinguishing between a subrecipient and a vendor at 29 CFR 99.210.
Unobligated balance means the portion of funds authorized by the
Federal agency that has not been obligated by the grantee and is
determined by deducting the cumulative obligations from the cumulative
funds authorized.
Vendor means an entity responsible for providing generally required
goods or services to be used in the WIA program. These goods or
services may be for the recipient's or subrecipient's own use or for
the use of participants in the program. DOL's audit requirements for
States, local governments, and non-profit organizations provides
guidance on distinguishing between a subrecipient and a vendor at 29
CFR 99.210.
Wagner-Peyser Act means the Act of June 6, 1933, as amended,
codified at 29 U.S.C. 49 et seq.
WIA regulations mean the regulations in 20 CFR parts 660 through
671, the Wagner-Peyser Act regulations in 20 CFR part 652, subpart C,
and the regulations implementing WIA section 188 in 29 CFR part 37.
Workforce investment activities mean the array of activities
permitted under title I of WIA, which include employment and training
activities for adults and dislocated workers, as described in WIA
section 134, and youth activities, as described in WIA section 129.
Youth activity means a workforce investment activity that is
carried out for youth.