Billing Code No. 4510-30-P
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 641
Office of the Secretary
29 CFR part 89
Senior Community Service Employment Program
RIN 1205-AA29
AGENCY: Employment and Training Administration, Labor and Office of the Secretary, Labor.
ACTION: Final rule.
SUMMARY: The Employment and Training Administration (ETA) of the
Department of Labor (DOL) is amending the regulations for the
Senior Community Service Employment Program (SCSEP) to implement
the Older American Act Amendments of 1984, 1987, and 1992 and to
make clarifying changes. This regulation provides administrative
and programmatic guidance and requirements for the implementation
of the SCSEP.
EFFECTIVE DATE: June 30, 1995
FOR FURTHER INFORMATION CONTACT: Mr. Charles L. Atkinson, Chief,
Division of Older Worker Programs. Telephone: (202) 219-4778
(this is not a toll-free number). Copies of this final rule are
available in the following formats: electronic file on computer
disk and audio tape. They may be obtained at the above office.
SUPPLEMENTARY INFORMATION:
A. BACKGROUND
As authorized by title V of the Older Americans Act (OAA),
as amended (42 U.S.C. 3056, et seq.), the Senior Community
Service Employment Program (SCSEP) fosters and promotes useful
part-time opportunities in community service activities for
persons with low incomes who are fifty-five years old or older.
The Employment and Training Administration (ETA) of the
Department of Labor (DOL or Department) administers the program
by means of grant agreements with eligible organizations, such as
governmental entities and certain public and private non-profit
agencies and organizations. Pursuant to the OAA, the Department
in 1973 established the SCSEP.
The SCSEP regulations were last revised in 1976: 29 CFR part
89, 41 FR 9006 (March 2, 1976). The SCSEP legislation has been
amended by the following laws since the last revision of the
regulation: Pub. L. 95-478, section 105 (October 18, 1978);
Pub. L. 97-115, section 12 (December 29, 1981); Pub. L. 98-459,
sections 501-05 (October 9, 1984); Pub. L. 100-175, sections 161-66 (December 7, 1987); and Pub. L. 102-375, sections 502-11 (September 30, 1992) and Pub. L. 103-171 (December 2, l993). On
April 26, 1994, the Department published a notice of proposed rule making governing the SCSEP in the FEDERAL REGISTER (59 FR 21875) for the purpose of soliciting public comments. The comments made in response to the April 26, 1994, FEDERAL REGISTER proposed rule have been considered in drafting this final rule. Also implemented are the 1987 and 1992 amendments contained in Pub. L. 100-175 (December 7, 1987) and Pub. L. 102-375 (September
30, 1992). This document issues the final rule to conform to the OAA and to make technical changes based on the Department's experience in administering the SCSEP.
B. PROCEDURAL MATTERS
This final rule is not classified as a "major rule" under
Executive Order 12866 concerning Federal regulations because it
is not likely to result in: (1) an annual effect on the economy
of $100 million or more; (2) a major increase in cost or prices
for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions; or (3) significant
adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
enterprises to compete in domestic or export markets.
Accordingly, no regulatory impact analysis is required.
The Department of Labor has certified to the Chief Counsel
for Advocacy, Small Business Administration, that pursuant to the
Regulatory Flexibility Act at 5 U.S.C. 605(b), the final rule
would not have a significant economic impact on a substantial
number of small entities. No significant economic impact would
be imposed on such entities by the final rule.
PAPERWORK REDUCTION ACT:
Pursuant to the Paperwork Reduction Act, information
collection requirements which must be imposed as a result of the
final rule are being submitted separately to the Office of
Management and Budget.
CATALOGUE OF FEDERAL DOMESTIC ASSISTANCE NUMBER:
This program is listed in the Catalogue of Federal Domestic
Assistance at No. 17.235 "Senior Community Service Employment
Program."
LIST OF SUBJECTS IN 20 CFR PART 641:
Allotment, Allocation, Coordination, Dual eligibility,
Cooperative relationships, Assessment, Eligibility, Individual
development plan, Over-enrollment, Training, and Administrative
requirements.
FORMAT OF FINAL RULE:
29 CFR part 89 is redesignated as 20 CFR part 641.
MAJOR CHANGES:
A total of twenty-eight comments were received in response
to the proposed rule. Sources of comments received by the close
of the comment period were as follows: National SCSEP grantees
(5); State units on aging (9); area agencies on aging (4);
community-based organizations (3); public interest group (1);
Federal agencies (2),; and State Job Service (2). In addition,
two responses were received after the comment period from county
officials, which were also considered.
Based on the comments the Department has received, the
majority reflect approval of the regulations; however, one public
interest group was displeased with the Department's policy
regarding unsubsidized employment. The comments addressed thirty
different sections of the regulations with the bulk of the
comments addressing nine sections. A number of the comments
extended beyond the regulations to pose operational questions.
Each of the comments and the respective regulatory sections are
addressed below.
§ 641.101 Scope and Purpose
Consistent with changes made in response to comments on
§ 641.301 of this part regarding the purpose of the program, this
section has been reworded to acknowledge that SCSEP provides
community service and promotes transition to unsubsidized
employment.
§ 641.102 Definitions
There were a total of fifteen comments that dealt with ten
definitions.
There were three identical comments on "authorized
position". The thrust of the comments was to request that the
regulation include a required annual adjustment by the Department
concerning the value of each position. Because Congressional
action controls the appropriations levels which, in turn,
determine the amount of funds available for authorized positions,
this unit cost concern will continue to be dealt with on an
administrative basis. Therefore, no change is made to this
regulatory provision.
There were two similar comments on the "dual eligibility"
definition which requested the Department update the proposed
regulations by including Section 204(d) of the Job Training
Partnership Act (JTPA) so that the regulations will reflect the
JTPA amendment to the OAA. The language at § 641.102 is amended
to reflect coverage of both sections 203 and 204(d) by adding a
citation to Title II-A.
One commenter requested that the Department alter the
terminology throughout to use the term "grantee or subgrantee"
rather than "recipient or subrecipient". As a result of this
comment, the definitions for "recipient and subrecipient" are
replaced by the term "grantee or subgrantee" and these terms are
used throughout the regulations.
Three commenters requested the Department to revise the
definition of "enrollee" in order to: acknowledge the services
provided by grantees, overcome potential misunderstandings vis-a-vis JTPA, and address the employee aspect of the enrollee. The
Department acknowledges the need to incorporate additional
information regarding grantee-performed services so a more
accurate picture of the services will be provided. However, the
Department does not think that changing the definition will
accomplish this objective. Therefore, the goal of more
accurately reflecting the services will be addressed
administratively via reporting changes, if there is sufficient
demand to do so. Suggestions for reporting changes that would
more accurately reflect what is being accomplished at the project
level are welcomed. The Department has clarified the
enrollee/trainee relationship with JTPA through the issuance of
an administrative directive. Furthermore, the JTPA regulations
now clarify this relationship.
The status of an enrollee as an employee is a complex
concern that cannot be addressed easily. While the authorizing
legislation is silent on this matter, for the last two years
Congressional intent regarding the enrollee role has clearly been
expressed in the following appropriations report language: "they
[enrollees] are not employees of the U.S. Department of Labor, or
State or national sponsors administering the Senior Community
Service Program." It is likely that the report language will
continue to be used and grantees and subgrantees can cite the
reports when corresponding with other Federal and State agencies.
However, since the appropriations language applies only to the
period of the appropriations, since report language is not
binding and since these regulations apply solely to the OAA, the
report language cannot bind non-Department of Labor regulatory
agencies. No useful propose would be served by incorporating the
report language in the regulations. Consistent with the comments
received on § 641.310 which recommended the deletion of the word
"employment" from the term "community service employment
assignment", this word is deleted in the definition of the term
"enrollee" to avoid misunderstandings between enrollees and
staff.
There was one comment that requested the definition of "host
agency" be altered to add the word "exclusively" after the word
"used" and before the phrase "as a place for sectarian religious
instruction; and substitute the word "training" for "work" site
Neither suggestion is incorporated into the definition since the
suggested changes may create further problems of interpretation
rather than clarify the definition. The addition of the word
"exclusively" as it applies to sectarian religious instruction
would extend the definition beyond its present intent and the use
of the word "training" instead of "job" site would establish an
emphasis beyond community service.
Two commenters requested relief from the requirement to
calculate an applicant's income using either the preceding six-month or twelve-month period as it applies to the definition of
"low income" because they believe elimination of this requirement
would permit the grantee or subgrantee to deal with homeless
persons or other emergencies more expediently. The Department
believes that such a change would be inconsistent with
eligibility determinations for other employment and training
programs and create additional linkage problems; therefore, this
change is not incorporated. However, as a result of reviewing
this definition, it was noted that there was no reference to the
family's income. This shortcoming is corrected by adding the
phrase "of the family" after the word "income".
There were three comments on the definition of "poor
employment prospects" which addressed various aspects of this
term. Two of the commenters wanted additional language that
would include individuals living in rural and urban areas. Since
the proposed definition permitted additional categories to be
identified and persons living in isolated areas have special
problems in finding employment, this term is amended by adding
the phrase, "or residing in socially and economically isolated
rural or urban areas where employment opportunities are
limited.". The remaining comment pointed out the health problems
of older Americans which may prevent them from performing many
jobs. It is true that some older Americans do have health
problems which would prevent them from being employed, but the
objective of the program is to obtain employment for all
individuals who are enrolled; therefore, no change is made to
establish any limitations.
There was a proposal to add a new definition of "similar
public occupations" to address possible misunderstandings on
enrollee wages. The addition of such a term may create confusion
with the "maintenance of effort" requirements found in §641.325,
rather than solving a possible misunderstanding on enrollee
wages. No position should be established which in any way would
indicate maintenance of effort violations. Positions established
under SCSEP should be designed specifically for the enrollee and
not represent ongoing duties that have previously been performed
by staff of the host agency.
Finally, there was a recommendation to expand the definition
of "residence" to include the word, "address" so as to be able to
work with homeless individuals more easily. Although the present
definition does not preclude working with the homeless, the
phrase "or address" is added to overcome possible limiting
interpretations.
§ 641.201 Allocation of Funds
There were two comments regarding language changes to
paragraph (c) of this section, which were: (1) to drop the
phrase, "and the amount allotted to each project"; and (2) to add
the phrase, "or a project sponsor designated by the Department".
As a result of these requests, both changes are made. The
suggested deletion more correctly states the current practice of
not requiring the amount allotted to be identified. The
suggestion to add the language on the project sponsor
acknowledges the option available to Governors to relinquish the
State share of the allocations to national grants.
§ 641.205 Responsibility Review
There were three comments on this section. Two of the
comments sought relief from the 90-day requirement for the
submission of the final closeout documents in paragraph (c)(5).
This requirement is part of the administrative requirements for
closeouts applicable to all DOL programs which are contained at
29 CFR 95.71 or 29 CFR 97.50, as appropriate; therefore, no
change is made to this paragraph. However, if additional time is
needed to prepare the closeout documents, waivers can be provided
administratively. The third comment suggested strengthening this
section by adding several new "responsibility" provisions from
the Federal Acquisition Regulation which deal with contracts.
This is a grant program, and the present set of provisions
contained in this section provide sufficient authority to ensure
that grantees are responsible entities. Clarifications are
provided for paragraphs (a) and (c)(9). The phrase "included in
(b) and (c) below" is added to ensure the reader understands that
the 13 responsibility tests consist of both paragraphs. The word
"have" is deleted along with the "ed" from the word "maintained"
in paragraph (c)(9) to maintain parallel sentence structure.
§ 641.207 Negotiation.
The phrase "planned occupational categories of SCSEP" is
removed and the phrase "community service" is substituted to
overcome any misunderstandings in paragraph (b)(1) about the
intent of this paragraph.
§ 641.301 Grant Operations
There was one comment relating to the purpose of the
program. The comment recommended expanding the task of the
grantees to include the development of appropriate training, as
well as work assignments. Since the grantees already explore the
training needs of the individual as part of the assessment, this
expanded language is unnecessary. The legislatively-mandated
purpose of the program is community service. This suggested
addition may confuse project operators rather than clarify;
therefore, it is not adopted. The word "dual" is substituted for
the word "primary" in paragraph (b) to acknowledge that there is
more than one program purpose and the phrase, "and to provide
useful community service" is deleted since "community service" is
already used in the same sentence. As noted in the comments
addressed in § 641.310 and acknowledged in the definition of
enrollee, the word "employment" is deleted in paragraph (b) to
prevent confusion between the enrollees and the staff about
whether the enrollee is assigned to a community service position
or a job. The phrase "and will promote unsubsidized employment
opportunities" is added the last sentence in paragraph (b)
consistent with the change to the word "dual" above.
§ 641.302 Grantee Responsibilities
There were a total of eight comments which addressed three
separate areas of this section. Four of the comments questioned
the need to provide documentation on an individual's eligibility
for the program. While this concern is valid, the need to ensure
that only eligible persons are served outweighs this concern.
The operating guidance on documentation will be widely circulated
for comment prior to the implementation of this provision. The
remaining four comments sought language clarifications. The
commenters asked the DOL to clarify that wages are to be paid for
community service. As a result of the request, the word "remit"
in the opening paragraph is substituted for the word "provide"
and the phrase "for community service assignments and provide" is
added while the phrase "skill acquisition or" is deleted. One
commenter suggested the regulations directly quote the OAA rather
than paraphrasing it in paragraph (a)(3) to clearly state the
legislative intent of whom is to be served. For consistency, a
portion of the language from section 502(b)(1)(M) of the OAA is
quoted rather than paraphrased. Lastly, a commenter suggested
that a specific number of monitoring trips be inserted in
paragraph (b). Rather than establish a regulatory numerical
requirement for monitoring visits for grantees, that concern will
continue to be dealt with administratively.
§ 641.303 Cooperative relationships
In order to avoid any potential confusion regarding local
consultations, the specific wording from 502(d)(1) of the OAA is
inserted in paragraph (b)(5).
§ 641.304 Recruitment and selection of enrollees
There were five comments on this section. Three of the
commenters asked that the requirement for listing vacancies with
the Job Service be altered to a requirement to notify the Job
Service of vacancies so there is no confusion about the intent.
Another commenter wanted all private sector jobs listed with the
Job Service. The remaining commenter did not want to be hindered
by having to notify the Job Service. The language is altered by
omitting the phrase "listing of vacancies with" and inserting in
its place the term, "notifying" and adding the phrase "when
vacancies occur" in the first paragraph of this section. This is
to notify the Job Service of SCSEP vacancies only when they occur
since SCSEP grantees cannot control internal State employment
security agencies' procedures to list positions.
§ 641.305 Enrollment eligibility
There were a total of eleven comments on this section. In
addition, in order to clarify eligibility, a change is made to
paragraph (a)(2) to clarify that re-enrollment is appropriate
when an enrollee leaves the SCSEP or unsubsidized employment
through no fault of the enrollee, for example, if the enrollee
becomes ill. Two commenters asked that section 204(d)(2)(A) of
the JTPA be cited to reflect consistency with the technical
amendments to the OAA. As a result of the 1994 technical
amendments to the OAA which impact on the JTPA, paragraph (d)(2)
of this section is altered to broaden the reference to include a
citation to Title II-A of the JTPA so it is clear that it applies
to both section 203 and 204(d). Two commenters asked that the
regulations acknowledge that the enrollment eligibility
requirements could be changed by other Federal laws. Paragraph
(c) of this section is altered by adding the phrase "unless
required by Federal law". In paragraph (b)(2), one commenter
identified an incorrect citation to § 641.103 which is corrected
to read § 641.102. Also in paragraph (b)(2), a second sentence
is added to permit disabled persons to be considered as a family
of one for income eligibility purposes. Two commenters asked
that the twelve-month recertification requirement be dropped. It
is the Department's intent that re-certifications be conducted
every twelve months if an enrollee continues in the program;
therefore, the requirement is retained. One commenter expressed
concern about the eligibility documentation requirement
previously addressed under § 641.302(c), Grantee responsibility,
above. As previously indicated, specific administrative
requirements will be widely circulated for comment in order to
limit, to the extent possible, burdens being placed on grantees.
One commenter asked for a clarification on the meaning of the
term "permanent address". To overcome any limiting reference,
the word "permanent" is removed from the definition for
residence, as previously noted.
§ 641.306 Enrollment priorities
There were five comments relating to this section. Two
commenters indicated support for the changes. One commenter
pointed out a grammatical error in paragraph (a)(3) which is
amended to read "seek" rather than "seeks". There were two
requests for clarification of paragraph (a)(3) regarding who may
return to the program. In response, individuals may potentially
return to the program if they are not at fault in losing their
unsubsidized job or if they have become ill and are forced to
leave their unsubsidized employment. Paragraph (a)(3) is amended
to reflect this clarification with the addition of the phrase,
"through no fault of their own". The provision on vacant
positions in paragraph (c) is clarified by adding the sentence
"[T]he priorities do not apply to the experimental private sector
projects." to prevent any misunderstanding about the non-application of enrollment priorities to the experimental project
positions that are authorized in § 641.326. Also, the phrase
"community service" is added before the word "position" to be
consistent with the addition of the new sentence. Also, in this
paragraph, the word "and" replaces the word "but" to more clearly
state the intent.
§ 641.308 Orientation
Paragraph (a) of this section is amended by adding language
to acknowledge that orientation cannot always be conducted prior
to the commencement of a community service assignment. The word
"for" replaces the word "to" in paragraph (a) to improve
readability. Paragraph (b) is amended by substituting the word
"an" for the word "the", and adding the phrase, "similar to the
one", for clarity. Paragraph (c) is amended to read "[T]he
grantee or subgrantee shall ensure that host agencies provide
adequate supervision and adequate orientation and instruction
regarding, among, other things, job duties and safe working
procedures".
§ 641.309 Assessment and reassessment
There were six comments on this section requesting
clarifications of paragraphs (a), (b), (d), (e) and (g).
Paragraph (a) is revised by inserting the phrase, "and community
service objectives" in addition to "employment" and "training" to
ensure that the community service aspect of the program is
highlighted. The phrase "for each individual" is shifted to the
end of the sentence so it is clear that it applies to both the
assignment and objectives. A new paragraph (b) is added to
address the assessment of physical capabilities and the remaining
paragraphs are renumbered (c) - (h). An assessment of physical
ability is a pre-employment medical inquiry and, therefore, must
conform to the prescriptions of Section 504 of the Rehabilitation
Act of 1973, as amended (section 504), the Americans with
Disabilities Act of 1990 (ADA) and their respective implementing
regulations. See, e.g., 29 CFR 32.15, the section of the
Department's section 504 regulations that addresses pre-employment inquiries. Prior to the offer of a particular
community service assignment, disability-related inquiries may
not be made. Generally, the assessment of physical ability is
limited to an inquiry as to whether the enrollee is capable, with
or without a reasonable accommodation, of performing the
functions of the job (essential and/or marginal). Enrollees may
also be asked to describe or demonstrate how they would perform
these functions. Once a bona fide community service assignment
offer has been made, medical inquiries, including medical
examinations, may be made. However, these inquiries are subject
to section 504 of the Rehabilitation Act, the ADA, and their
implementing regulations. For example, with respect to medical
examinations, 29 CFR 32.15 provides that the examination must be
a routine part of the host agency's selection process for the job
in question and must be performed by a physician qualified to
make functional assessments. If a particular medical test is a
prerequisite to placement into a community service assignment,
including a medical test that is required by a local ordinance or
State law, it is recommended that it be conducted at the same
time as the physical examination described in paragraph (b)(4) of
this section.
The former paragraph (b) (now paragraph (c)) is not altered
to incorporate suggested language on other appropriate employment
and training opportunities since this is a community service
program. In the new paragraph (e) (formerly paragraph (d)), the
acronym "IDP" replaces the phrase, "service strategy", in order
to avoid confusion with the term, "individual service strategy",
used under JTPA. Also the phrase "program year" is deleted from
the new paragraph (e) and replaced by the phrase "a 12-month
period" to overcome situations where an enrollee may be in the
program for only brief periods. In the new paragraph (f),
(formerly paragraph (e)) the phrase "upon completion of the
review" is deleted to ensure that grantees understand that
alternative assignments may be permitted at any point while
working with an enrollee. The new paragraph (h) (formerly
paragraph (g)) is amended by adding language to clarify that the
phrase, "recent assessment" means an assessment done within the
last year.
§ 641.310 Community service assignments
There were five comments on this section. Two commenters
requested the deletion of the word "employment" from the title,
the text of this section and elsewhere in the final rule. The
word "employment" is removed from the title and this section, as
well as elsewhere in the final rule, to emphasize that the
community service assignment does not constitute an enrollee's
job. The term "community service assignment" is used throughout
the regulation. In a similar manner, the word "placed" is
substituted for the word "employed" in paragraph (a)(1) in order
to ensure parallel construction. One commenter requested that
the phrase "as soon as possible" in § 641.310(a) be deleted since
it is not always possible to refer an enrollee to a community
service assignment. This provision is retained since this is
consistent with the Department's intent that there be no lengthy
delays in enrollment after receipt of orientation. Two
commenters requested clarifying the provision in § 641.310(a)(1)
by stating that project sponsors may provide enrollees with
opportunities to assist in the administration of the SCSEP. This
change is incorporated into paragraph (a)(1) in lieu of the last
two sentences of the paragraph since the revised sentence more
accurately communicates Departmental policy. The phrase, "if
appropriate according to the IDP" is added to ensure consistency
with § 641.308. The last two sentences of paragraph (a)(1) are
deleted. The 1300 hour provision in paragraph (b) is also
retained. The second sentence in paragraph (b)(2) is moved to
become the second sentence in paragraph (b)(3) since both
paragraphs refer to periods of less than 20 hours. There were
two comments on § 641.310(d). There was one suggestion to permit
the use of SCSEP funds for reasonable accommodations. This
suggestion is incorporated into § 641.403 since that section
deals with allowable costs, but it is recognized that due to
limited availability of administrative funds, it may not be
practical to do this except in limited situations. There also
was a suggestion that § 641.310(d) be amended by inserting a
sentence on work place conditions to address ergonomically sound
conditions to prevent repetitive motion injuries such as carpal
tunnel syndrome. This suggestion is not adopted since the
comment is limited primarily to office occupations and the work
place is much broader for the title V program. However, a
bulletin will be issued on the broader issue of workplace safety
and sound ergonomic design concerns as suggested by the
commenter.
§ 641.311 Enrollee wages and fringe benefits
There were eleven comments on this section. Five addressed
concerns regarding the use of physical examinations given in
order to assess an enrollee's physical ability and need for any
supportive service(s). The assessment of an enrollee's physical
ability and the physical examination provided to enrollees as a
program benefit are two separate activities. As a result,
assessment of an enrollee's physical ability is moved to
§ 641.309 in order to group all activities on assessment in a
single section. Since physical examinations are a fringe
benefit, they are addressed in this section. Therefore,
paragraph (b)(3) is amended to reflect this change and it is
numbered as (i) for the examination and (ii) for the waiver.
Paragraph (b)(3) of this section addresses the physical
examination that is provided to enrollees as a fringe benefit.
The physical examination must be offered within 60 working days
after commencement of the community service assignment instead of
before the first day of compensated participation. It is not an
eligibility criterion, nor should the results of the examination
be taken into consideration when determining a community service
assignment. The physician who conducts the examination should
only give a copy directly to the enrollee rather than to program
staff. An enrollee should not have to request a copy, as
suggested by one commenter. One commenter indicated that the
impact of the physical examinations upon the administrative
budget category needs to be considered. Since the regulation is
changed to authorize charging the cost of the physical
examination to the enrollee wages and fringe cost category, the
regulations provide additional flexibility, rather than limiting
flexibility, and no further change is made. Another commenter
suggested SCSEP funds could be used to insure reasonable
accommodation for participants at the host agency. As indicated
above, such expenditures will be deemed allowable, within funding
limitations.
The Department was also asked to consider additional
regulatory changes that would exempt the SCSEP program from
payment of unemployment compensation taxes to States. In
addition, the Department was asked to substitute the phrase "host
work site" for the word "employer" at § 641.311 (a)(3) and
include a new definition at § 641.102 for similar public
occupations. Neither of these suggestions are implemented for
two reasons. First, with regard to unemployment compensation,
these regulations cannot alter the federal or State unemployment
compensation laws that regulate this area of concern since such
determinations must be made individually by State employment
security agencies. (Since the issuance of a directive on the
SCSEP by the Unemployment Insurance Service, the underlying
question of unemployment compensation legislation has been
virtually eliminated). Second, as indicated in response to the
comments on definitions, community service assignments for
enrollees must be free from any potential charges of non-maintenance of effort which could be inferred by limiting the
application of prevailing rates of pay to a single work site of
the host work site.
Finally, a typographical error on the word "waiver" is
corrected in paragraph (b)(2).
§ 641.312 Enrollee supportive services
There were ten comments received that dealt with the need to
clarify the unallowability of enrollee transportation costs. Two
of these expressed a concern, that the unallowability of such
costs would be a hardship for host agencies. Another commenter
wanted the option to pay transportation costs eliminated since it
could serve as a disincentive to enrollees seeking unsubsidized
employment. The remaining seven commenters requested a
clarification of the regulations to make it clear that SCSEP
funds can be used to pay for enrollee travel when they are
working in a SCSEP administrative capacity. Since section
502(b)(1)(L) of the OAA only authorizes the payment of necessary
transportation costs of eligible individuals which may be
incurred in the employment in any project funded under this
title, the Department amends § 641.312(5)(ii) to read "[G]rant
funds may not be expended to support the transportation costs of
host agencies or programs funded other than under title V of the
OAA, except where provided by federal law". Because federal
appropriations law prevents funds from one grant being used to
defray the expenses incurred under a separate grant, this
provision clarifies that SCSEP funds cannot be used for certain
host-agency travel costs which are to be met under another
federal grant or local program. However, enrollee travel to and
from the work site, in selected cases, is necessary in isolated
settings where no transportation is available and that option is
retained. There was one comment received that suggested the
regulations should require grantees and subgrantees to make
reasonable accommodations for enrollees with disabilities at host
agencies. The Department fully supports efforts to accommodate
individuals with disabilities. However, in order to protect the
limited funds available for this program, the regulation requires
that the expenditure be made with "administrative" funds to the
extent that funding permits.
§ 641.313 Training
There were a total of ten comments on this section. As
suggested by two commenters, the "prior to and in preparation for
actual community service assignment" phrase in paragraph (a) is
removed since training before commencement of a community service
assignment is not always practical or possible. In addition,
paragraph (a) is amended by adding language that states a grantee
is to provide "or arrange for training that is specific to an
enrollee's community service assignment". Three of the
commenters requested an increase in training hours. Paragraph
(b) is amended to now provide up to 500 hours of training for
enrollees "per grant year" and the word "orientation" is deleted
to overcome potential confusion with § 641.308, Orientation.
Also, as suggested by a commenter, the original paragraph (c) is
deleted since it is a duplication of paragraph (a) and the
remaining paragraphs are renumbered to (c)-(h). The new
paragraph (f) (formerly paragraph (g)) is prefaced by deleting
the phrase, "at no cost to the project" and adding the phrase,
"whenever possible" to acknowledge it is not always possible. In
addition this paragraph is amended by deleting the phrase, "at no
cost to title V" to more clearly state the intent of the OAA.
There were two comments dealing with training costs under SCSEP.
Since it is not encouraged for grantees and subgrantees to use
SCSEP funds for training, due to the limited funding available,
paragraph (f) is amended to read that grantees and subgrantees
shall seek training "whenever possible at reduced or no costs to
title V". Paragraph (g) is amended to remove the "al" from the
word "self-development" to improve the readability. Two
commenters suggested rewording paragraph (h) to more positively
state this provision. The Department agrees with the suggestion
and paragraph (h) is amended to read: "Joint programming,
including co-enrollment, when appropriate, between title V
programs and programs authorized under the Job Training
Partnership Act, the Community Services Block Grant Act, or the
Carl D. Perkins Act is strongly encouraged".
§ 641.314 Placement into unsubsidized employment
There were three comments on this section. Two of those
comments dealt with an unsubsidized employment goal of the
program. The first commenter raised a question about whether the
increased emphasis on the unsubsidized employment goal would
detract from the original intention of the SCSEP being a
community service program. The second commenter suggested that
individual goals be established for each grantee depending upon
specific local situations. Since the unsubsidized employment
goal remains unchanged and continues as a goal, rather than a
firm requirement, it is retained as a single measure. The other
comment sought a change on enrollee placement "follow-up", set
forth in paragraph (d), that would reduce the follow-up time
frame to one month from the current 90 days as a means to
reinforce successful placement of the former enrollee. This
suggestion is an excellent operational procedure and would assist
grantees in working with employers by identifying enrollee
employment-related problems, as well as areas where the grantee
can better assist the employer. Nevertheless, the Department is
not including such a numerical requirement in the regulations
since a one-month follow-up requirement may not be possible in
all instances. Paragraph (b) is revised to insert the word
"project's" before the word "annual" to clarify that the goal
applies to the total grant period as opposed to a monthly or
quarterly requirement. Also, the phrase, "within the project
year" is deleted from paragraph (b) to prevent a
misinterpretation.
§ 641.315 Maximum duration of enrollment
There were nine comments on this section with seven
supporting this provision. However, one commenter requested that
this section be omitted since, in the commenter's opinion, it is
contrary to the original goals of the program. The Department
thinks that since this section will provide grantees with
additional flexibility, it is in the best interest of the program
to retain this provision. To prevent misinterpretation, another
commenter suggested the following language be added to this
section: "Time limits on enrollment shall be reasonable and
IDP's shall provide for transition to unsubsidized employment or
other assistance before the maximum enrollment duration has
expired." This change is incorporated since it is the intent of
the regulations to retain a customer focus which should be
consistent with the enrollee's IDP.
§ 641.316 Individual development plan-related terminations
Eight comments were received on this section with seven
supporting the provision. The remaining comment expressed
concerns about implementation of the IDP requirement that will
have to be addressed once the regulations are effective. This
comment deals with issues beyond the scope of the regulations
which will be addressed in an administrative issuance. As with
the other administrative issuances, the Department plans to
widely circulate drafts for comment prior to issuing operational
guidance.
§ 641.317 Status of enrollees
Four commenters requested clarification of the employment
status of enrollees when they are working at community service
assignments. They suggested that in addition to enrollees not
being considered federal employees, they should also not be
considered employees of the grantees or their subgrantees. As
explained earlier, in the definitions section, the Department
would like to clarify this through regulations since it would
overcome many misunderstandings and would also eliminate the need
for administrative interpretations regarding employee/enrollee
status by various governmental units. However, without specific
language in the program legislation, regulatory guidance binding
on other agencies administering other statutes cannot be issued
in these regulations. Also, the language used by the
appropriations committee for the past two years in the passage of
these appropriations bills has the effect of implementing these
suggestions on a year-to-year basis. Of course, subsequent
authorizing legislation could statutorily clarify employee/
enrollee employment status.
§ 641.318 Over-enrollment
There was one comment received regarding this section. It
suggested substituting the word "temporary" for "short-term" to
overcome any misunderstandings on the intent of the term. The
Department agrees and this section is amended to reflect this
clarification. The citation in paragraph (b)(2) is corrected to
read section 502(b)(1)(P) instead of 502(b)(1)(O).
§ 641.321 Political Activities
Paragraph (a)(1) is amended by substituting the phrase "they
are" for the phrase "enrollee is" since this provision applies to
both enrollees and staff, as stated at the beginning of this
provision. Paragraph (b)(1) is amended by substituting "Special
Counsel (OSC)" for "Personnel Management (OSC)" to clarify which
office has current responsibility for interpreting the Hatch Act;
the U.S. Office of the Special Counsel (OSC) is located at 1730 M
Street, NW., Suite 300, Washington, DC 20036-4505. Paragraph
(b)(2) is amended by substituting the word "have" for the phrase,
"be submitted for approval to" to overcome any potential
misunderstandings about the need to seek individual approvals of
the notice to be displayed and provided to the enrollees.
§ 641.323 Nepotism
There was one comment requesting the Department extend the
waiver provision set forth in paragraph (a) to isolated rural
areas. The Department thinks that rural areas are similar enough
in population density to Native American reservations to justify
extending the provision to rural areas; thus, this provision is
added to paragraph (a). Also, paragraph (a) is amended by
inserting the phrase, "who works" to clarify the person
referenced in this paragraph. The phrase, "the total service
population is 2,000 or less and is isolated, or where there is a
history of dependence on public assistance" is deleted since
these factors do not apply directly to the SCSEP program.
§ 641.324 Enrollee and applicant complaint resolution
There was one comment questioning whether this section
applied to host agencies. This section does not apply to host
agencies. Because this is not a consideration requiring
regulatory guidance, there is no change to the regulations.
§ 641.326 Experimental private sector training projects
Paragraph (g) is amended by substituting a citation to title
II-A of the JTPA for the old citation to section 204(d).
Paragraph (h) is amended by adding the word "national" before the
word "grantee" to ensure that it is understood that this
provision applies only to national grantees; and by deleting the
word "formulas" to eliminate any possible misunderstandings on
the distribution of the State allocation for experimental private
sector training projects. A new paragraph (i) is added to
acknowledge that non-federal matching is not required
specifically for projects under this section.
§ 641.402 Administrative requirements
Paragraph (a) is amended by providing the present citation
for the Department's administrative requirements. The former
citation was 41 CFR part 29-70 and the present citation is 29 CFR
part 95.
§ 641.403 Allowable costs
There were three comments on this section. Two identified
incorrect citations. The paragraph addressing "allowable fringe
benefits costs" is incorrectly cited as "(d)(3)". This paragraph
is amended to reflect that the proper citation is paragraph (e).
Under the same paragraph, the term "workers" is substituted for
the term "workman's" in order to use the correct term. The
remaining comment expresses a concern that listing fringe
benefits deemed allowable in paragraph (e) might result in
enrollee disincentives to leave the program for unsubsidized
employment. The listing does not establish enrollee
entitlements. However, it is the Department's judgment that it
is more helpful than it is harmful to list the types of allowable
fringe benefits; therefore, this listing is retained. Paragraphs
(b)(2)(iii) and (4) are amended by deleting the phrase "as not
subject to OMB Circular A-122" to eliminate potential
misinterpretations of this confusing phrase. A new
§ 641.403(d)(4) is added to provide that grantee funds may be
used to provide physical and programmatic accessibility and
reasonable accommodation, as required by section 504 of the
Rehabilitation Act of 1973, as amended, and the Americans with
Disabilities Act of 1990.
§ 641.404 Classification of cost
There were three comments on this section. One commenter
questioned permitting enrollees to perform administrative
functions, since these are not reflected in the administrative
costs. The Department is retaining the provision permitting the
use of enrollees to perform administrative functions. It has
been a longstanding practice for grantees to maximize the number
of enrollees by exposing them to administrative functions. This
has been a win-win practice for both the grantee and the
enrollees. To acknowledge existing policy, new language is added
in § 641.310(a)(1) of the regulations to reflect that the use of
enrollees to perform administrative functions is an allowable
activity.
Another commenter requested that those training costs
incurred to train sub-grantees not be counted against the
administrative cost category. Since such expenditures cannot be
applied against another cost category, the current provision is
retained. The last comment sought inclusion of enrollee training
costs as an enrollee wage and fringe benefit. Since the program
is focused on community service, enrollee training outside of
SCSEP is sought only when appropriate to meet the needs of the
enrollee. Paragraph (b) is amended by inserting the phrase,
"including hours of" before the word "training" to clarify that
this phrase applies to both community service and training.
Paragraph (c)(6) is amended to add the phase "such as tuition" to
ensure that there is no misunderstanding regarding the use of the
word "training", as used under paragraph (b).
§ 641.405 Limitations on federal funds
The citation in paragraph (a) is corrected to read (b)
instead of (6). Also, in this paragraph, the phrase "and periods
during which limitation" is deleted since this phrase was
intended as transitional language intended to apply to the 1985
draft proposed regulations and does not currently apply. In
paragraph (b)(1), the word "grant" is altered to read "project",
consistent with the legislative language. The sole comment
received was on paragraph (b)(2) of this section. The commenter
pointed out that the "75 percent rule" regarding expenditure of
funds on enrollee wages and fringe benefits limited the
flexibility to utilize resources for the section 502(e)
experimental programs. The 75 percent limitation is retained
since the basic program objective is to put as much of the funds
as possible into the hands of the enrollee rather than divert
funds to administrative functions.
§ 641.406 Administrative cost waiver.
The word "and" is substituted for the word "the" in the last
sentence of the initial paragraph since there is a series of
items. To improve reading of the regulation, the initial three
sections are designated as paragraph (a) and the remaining
information on waivers is designated as paragraph (b).
Therefore, paragraphs (a)-(e) are renumbered as (1)-(5).
§ 641.407 Non-federal share of project costs
This section is amended to provide the present citation for
the calculation of the non-federal share. The regulations now
are found at 29 CFR 97.24 or 29 CFR 95.23 instead of 41 CFR 29-70.206 (1984). In addition, this section is revised to assign
each item on the list of exceptions to the matching requirement
to a separately designated clause. Also the reference to the
502(e) projects is moved to § 641.326(i) so all items on this
topic are in a single section.
§ 641.408 Budget changes
This section is amended to provide the present citation for
revision of budget and program plans. The present cite at 29 CFR
95.25, Revision of budget and program plans, is added and the
previous cite at 41 CFR 29-70.211 (1984), Modifications and
Budget Revisions Procedure, is deleted.
§ 641.409 Grantee fiscal and performance reporting requirements
There were two comments on this section. One commenter
suggested clarifying language at paragraph (c) in order to
acknowledge that several Governors currently provide their State
funding to national grantees for operation of the SCSEP program.
The Department agrees with this clarification and amends
paragraph (c) by adding "or another project sponsor designated by
the Department". The second commenter asked if the Cash
Transaction Report referred to in paragraph (b)(3) was necessary.
Based on a review of other methods for obtaining information for
draw downs of funds, the Department thinks that existing reports
will suffice. Therefore, this report is discontinued upon the
effective date of these regulations. Paragraphs (a) and (b) are
amended to provide the new citation for reporting requirements
and waivers for late reports are acknowledged, consistent with
present practice. The present citations for paragraph (a) can be
found at 29 CFR 95.91 and the previous citation of 41 CFR 29-70.209 3 (1984) is deleted. The present citation for paragraph
(b) can be found at 29 CFR 95.52 and the previous cites of 41
CFR-29 70.207 2(a) (1984) and 41 CFR 29-70.208 (1984) are
deleted.
§ 641.410 Subgrant agreements
Paragraph (c) is amended to provide the present citation for
grantee procurement. The present citation can be found at 29
CFR 95.40 through 95.48 and the previous citation of 41 CFR 29-70.216 (1984) is deleted.
§ 641.411 Program income
This section is amended to provide the present citation for
program income. The present citation can be found at 29 CFR
95.24 and the previous citation of 41 CFR 29-70.205 (1984) is
deleted.
§ 641.414 Grant closeout procedures
This section is amended to provide the present citation for
grant closeout procedures. The present citation can be found at
29 CFR 97.50 or 29 CFR 95.71, as appropriate, and the previous
citation of CFR part 97 is deleted.
Other
There were other comments that did not fall within any
section. They are as follows:
1. Residential Health Positions. It was suggested that
priority in the distribution of eligible slots be given to
individuals in residential health care facilities. Since there
is no legislative basis for providing such a priority, in the
interest in local flexibility, we have chosen not to adopt an
additional priority.
2. Administrative Costs. It was pointed out by two
commenters that the 13.5 percent administrative cost limitation
has remained static, while additional administrative
responsibilities have been added. Congress recognized the
administrative burdens they were creating in the passage of the
1992 amendments. The House report acknowledged that if
additional administrative requirements, such as assessment and
coordination, forced grantees to seek a waiver from the 13.5
percent level to the 15 percent ceiling, such a request should be
accommodated.
3. Paperwork Reduction Act. A question was raised about
why the older worker programs cannot use the same administrative
forms as other employment and training programs. The regulations
mandate the submission of necessary information. However, they
do not mandate any particular forms. Since the Department
encourages closer cooperation and coordination between programs
within a State, such an approach within a State represents a goal
the Department supports.
4. Social Security Eligibility. A suggestion was made that
SCSEP income should not count in calculating eligibility for
Supplemental Security Income under the Social Security program.
Since the SCSEP regulations cannot impact on the legislation of
other programs, this suggestion is not incorporated into these
regulations.
5. Eligibility Criteria. A suggestion was made that the
Department's guidelines on the SCSEP program's eligibility
criteria need to be updated. The Department concurs with this
observation and commits itself to issuing updated guidelines to
replace an existing bulletin. Since these criteria are of an
administrative nature, they are not incorporated into the
regulations.
6. Congressional Intent. One comment was received which
questioned the Department's implementation of the 1992
amendments' emphasis on placing individuals in unsubsidized
employment. The unsubsidized employment goal of the program has
remained the same for the last nine years and these regulations
do not alter this goal. Furthermore, the program can only serve
a small percentage of all persons who potentially qualify for the
program. Without turnover of the enrollees, no additional
persons could be served beyond those currently enrolled. On a
practical basis, many of those individuals who are served by the
program need more than 20 hours a week of employment at the
minimum wage to maintain themselves. Therefore, the modest
placement goal encouraging projects to seek unsubsidized
positions for such participants is retained. This option must be
available to serve individuals who require unsubsidized
employment.
List of subjects in 29 CFR part 89
Aged, employment and grant programs - Labor.
List of subjects in 20 CFR part 641
Aged, employment and grant programs - Labor.
FINAL RULE:
Under the Secretary's authority, 5 U.S.C. 301 and
Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix, 29 CFR
part 89 is redesignated as 20 CFR part 641 and revised to read as
follows:
Part 641 -- SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
Subpart A -- Introductory Provisions
641.101 Scope and purpose.
641.102 Definitions.
Subpart B -- Grant Planning and Application Procedures
641.201 Allocation and allotment of title V funds.
641.202 Eligibility for title V funds.
641.203 Soliciting applications for title V funds.
641.204 Grant application requirements.
641.205 Responsibility review.
641.206 Grant application review.
641.207 Negotiation.
641.208 Rejection of grant application or project components.
641.209 Award of funds.
Subpart C -- Grant Operations
641.301 General.
641.302 Grantee responsibilities.
641.303 Cooperative relationships.
641.304 Recruitment and selection of enrollees.
641.305 Enrollment eligibility.
641.306 Enrollment priorities.
641.307 [Reserved]
641.308 Orientation.
641.309 Assessment and reassessment of enrollees.
641.310 Community service assignments.
641.311 Enrollee wages and fringe benefits.
641.312 Enrollee supportive services.
641.313 Training.
641.314 Placement into unsubsidized employment.
641.315 Maximum duration of enrollment.
641.316 Individual development plan related terminations.
641.317 Status of enrollees.
641.318 Over-enrollment.
641.319 [Reserved]
641.320 Political patronage.
641.321 Political activities.
641.322 Unionization.
641.323 Nepotism.
641.324 Enrollee and applicant complaint resolution.
641.325 Maintenance of effort.
641.326 Experimental private sector training projects.
Subpart D -- Administrative Standards and Procedures
for Grantees and Limitations on Federal Funds
641.401 General.
641.402 Administrative requirements.
641.403 Allowable costs.
641.404 Classification of costs.
641.405 Limitations on federal funds.
641.406 Administrative cost waiver.
641.407 Non-federal share of project costs.
641.408 Budget changes.
641.409 Grantee fiscal and performance reporting requirements.
641.410 Subgrant agreements.
641.411 Program income accountability.
641.412 Equipment.
641.413 Audits.
641.414 Grant closeout procedures.
641.415 Department of Labor appeals procedures for grantees.
Subpart E -- Interagency Agreements
641.501 Administration.
Subpart F -- Assessment and Evaluation
641.601 General.
641.602 Limitation.
Authority: 42 U.S.C. 3056(b)(2).
Subpart A -- Introductory Provisions
§ 641.101 Scope and purpose.
Part 641 contains the regulations of the Department of Labor
for the Senior Community Service Employment Program (SCSEP) under
title V of the OAA of 1965. The dual purposes of a SCSEP project
are to provide useful part-time community service assignments for
persons with low incomes who are 55 years old or older while
promoting transition to unsubsidized employment. This part, and
other pertinent regulations expressly incorporated by reference,
set forth all regulations applicable to the SCSEP.
§ 641.102 Definitions.
The following definitions apply to this part:
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 section 305(a)(2)(A) of the OAA or a State agency performing
the functions of an area agency on aging under section 305(b)(5) of
the OAA.
Authorized position means an enrollment opportunity during a
program year. The number of authorized positions is derived by
dividing the total amount of funds appropriated during a program
year by the national average unit cost per enrollee for that
program year as determined by the Department. The national average
unit cost includes all administration costs, other enrollee costs,
and enrollee wage and fringe benefit costs. An allotment of the
total dollars for the grantee is divided by the national unit cost
to determine the total number of authorized positions for each
grant agreement.
Community service means social, health, welfare, and educational
services (particularly literacy tutoring); legal assistance, and
other counseling services, including tax counseling and assistance
and financial counseling; library, recreational, day care and other
similar services; conservation, maintenance, or restoration of
natural resources; community betterment or beautification;
pollution control and environmental quality efforts; weatherization
activities; and includes inter-generational projects; but is not
limited to the above. It excludes building and highway
construction (except that which normally is performed by the
project sponsor) and work which primarily benefits private, profit-making organizations. [Section 507(2) of the OAA.]
Department and DOL mean the United States Department of Labor,
including its agencies and organizational units.
Disability means a physical or mental impairment of an
individual that substantially limits one or more major life
activities; a record of such impairment; or being regarded as
having such an impairment. [29 CFR parts 32 and 34.]
Dual eligibility means individuals eligible under title V who
are enrolled in a joint program established under a written
financial or non-financial agreement to jointly operate programs
with JTPA are deemed to satisfy the requirements of all JTPA
programs funded under Title II-A of the JTPA.
Eligible individual means a person who is 55 years of age, or
older, and who has a low income as defined in this section.
[Section 507(1) of the OAA.]
Eligible organization means an organization which is legally
capable of receiving and using Federal funds under the OAA and
entering into a grant or other agreement with the Department to
carry out the provisions of title V of the OAA. [Section 502(b)(1)
of the OAA.]
Employment and training program(s) means publicly funded efforts
designed to offer employment, training and/or placement services
which enhance an individual's employability. The term is used in
this part to include, but is not limited to, the JTPA or similar
legislation and State or local programs of a similar nature.
Enrollee means an individual who is eligible, receives services,
and is paid wages for engaging in community service assignments
under a project.
Grantee means an eligible organization which has entered into a
grant agreement with the Department under this part.
Greatest economic need means the need resulting from an income
level at or below the poverty line based on guidelines provided by
the Department.
Greatest social need, as defined at section 102(a)(30) of the
OAA, means the need caused by noneconomic factors which include: (1) Physical and mental disabilities;
(2) Language barriers; and
(3) Cultural, social, or geographical isolation, including
isolation caused by racial or ethnic status.
Host agency means a public agency or a private non-profit
organization, other than a political party or any facility used or
to be used as a place for sectarian religious instruction or
worship, exempt from taxation under the provisions of section
501(c)(3) of the Internal Revenue Code of 1986, which provides a
work site and supervision for an enrollee.
Individual development plan means a plan for an enrollee which
shall include an employment goal, achievement objectives, and
appropriate sequence of services for the enrollee based on an
assessment conducted by the grantee or subgrantee and jointly
agreed upon by the enrollee.
JTPA means the Job Training Partnership Act (29 U.S.C. 1501 et
seq.).
Low income means an income of the family which, during the
preceding six months on an annualized basis or the actual income
during the preceding 12 months, whichever is more beneficial to the
applicant, is not more than 125 percent of the poverty levels
established and periodically updated by the U.S. Department of
Health and Human Services. In addition, an individual who
receives, or is a member of a family which receives, regular cash
welfare payments shall be deemed to have a low income for purposes
of this part.
Poor employment prospects means the unlikelihood of an otherwise
eligible individual obtaining employment without the assistance of
this or other employment and training programs. Persons with poor
employment prospects include, but are not limited to, those without
a substantial employment history, basic skills, English-language
proficiency, or displaced homemakers, school dropouts, disabled
veterans, homeless or residing in socially and economically
isolated rural or urban areas where employment opportunities are
limited.
Program year means the one-year period covered by a grant
agreement beginning July 1 and ending on June 30.
Project means an undertaking by a grantee or subgrantee,
pursuant to a grant agreement between the Department and the
grantee, which provides for community service opportunities for
eligible individuals and the delivery of associated services.
Reallocation means a redistribution of funds by a grantee.
Reallotment means the redistribution of allotted title V funds
by the Department from one State to another State(s) or from one
grantee to another grantee.
Residence means an individual's declared dwelling place or
address. No requirement pertaining to length of residency prior to
enrollment shall be imposed.
SCSEP means the Senior Community Service Employment Program as
authorized under title V of the OAA.
State agency on aging means the sole agency designated by the
State, in accordance with regulations of the Assistant Secretary on
Aging, pursuant to section 305(a)(1) of the 0AA.
Subgrantee means the legal entity to which a subgrant is awarded
by a grantee and which is accountable to the grantee (or higher
tier subgrantee) for the use of the funds provided.
Title V of the OAA means 42 U.S.C. 3056 et seq.
Subpart B -- Grant Planning and Application Procedures
§ 641.201 Allotment and allocation of title V funds.
(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.
(b) Within-State apportionment. The amount allotted for
projects within a State shall be apportioned among areas within the
State in an equitable manner, taking into consideration:
(1) The proportion which eligible individuals in each such area
bears to the total number of such persons, respectively, in that
State;
(2) The relative distribution of such individuals residing in
rural and urban areas within the State; and
(3) The relative distribution of such individuals who are
individuals with the greatest economic need, such individuals who
are minority individuals, and such individuals with greatest social
need.
(c) Annual report of funds allocated by state. The State
agency for each State receiving funds or a sponsor designated by
the Department shall report at the beginning of each fiscal year on
such State's status relative to section 506(c) of the OAA. Each
State's report shall include names and geographic locations of all
projects receiving title V funds for projects in the State. All
grantees and subgrantees operating in a State shall provide
information necessary to compile the report. [Section 506(d) of
the OAA.]
§ 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.
§ 641.203 Soliciting applications for title V funds.
The Department may solicit or request organizations to submit
applications for funds.
§ 641.204 Grant application requirements.
(a) Schedules. The Department shall establish, by
administrative directive, schedules for submittal of grant
preapplications and applications; the contents of grant
applications, including goals and objectives; amounts of grants;
and grant budget and narrative formats.
(b) Intergovernmental reviews. Grant applicants shall comply
with the requirements of the Department's regulation, at 29 CFR
part 17, which implements the intergovernmental review of
Department programs and activities. A Preapplication for Federal
Assistance form (SF-424) filed as a result of the intergovernment
review system shall contain an attachment which, at a minimum,
lists the proposed number of authorized community service positions
in each county, or other appropriate jurisdiction within the
affected State. Whenever a national organization or other program
grantee or subgrantee proposes to conduct projects within a
planning and service area in a State, such organization or program
grantee is responsible for sharing their applications with area
agencies on aging and other SCSEP sponsors in the area prior to the
award of the funds in accord with guidelines issued by the
Department.
(c) Subgrants. A grant applicant planning to award funds by
subgrant shall:
(1) Outline the nature and extent of the planned use of such
funds; and
(2) Assure that in the event that a subgrant agreement is
canceled in whole or in part, the grantee will provide continuity
of services to enrollees.
§ 641.205 Responsibility review.
(a) In order to enter into and continue a grant relationship
with DOL, an organization (applicant) shall be responsible. To
determine responsibility, DOL conducts a preaward review of all
grant applicants. As part of this review, DOL applies 13 basic
responsibility tests to each applicant, included in paragraphs (b)
and (c) of this section.
(b) If a grant applicant fails either of the following two
responsibility tests, it shall not be designated as a grantee:
(1) The Department's efforts to recover debts from the
applicant (for which three demand letters have been sent)
established by final Department action have been unsuccessful, or
the applicant has failed to comply with an approved repayment plan.
(2) Fraud or criminal activity has been determined to exist
within the organization.
(c) Eleven additional basic responsibility tests are applied to
each grant applicant. Failure to meet any one of these tests does
not establish that the applicant is not responsible, unless the
failure is substantial or persistent. These tests are as follows:
(1) Serious administrative deficiencies have been identified,
such as failure to maintain a financial management system as
required by Federal regulations.
(2) Willful obstruction of the monitoring process.
(3) Failure to meet performance requirements.
(4) Failure to correct deficiencies brought to the
grantee's attention in writing as a result of monitoring
activities, reviews, assessments, etc.
(5) Failure to submit correct grant closeout documents within
90 days after expiration of the grant, unless an extension has been
requested and granted.
(6) Failure to return outstanding cash advances within 90 days
of the expiration date of the grant, unless an extension has been
requested and granted, or the funds have been authorized to be
retained for use on other grants.
(7) Failure to submit correct required reports by established
due dates.
(8) Failure to properly report and dispose of government
property as instructed by DOL.
(9) Failure to maintain cost controls resulting in excess cash
on hand.
(10) Failure to timely comply with the audit requirements of 29
CFR part 96.
(11) Final disallowed costs in excess of five percent of the
grant award.
§ 641.206 Grant application review.
(a) The Department shall review each timely grant application
submitted by an eligible organization.
(b) In reviewing and considering an application, the Department
shall determine the following:
(1) The availability of funds for the proposed grant;
(2) Whether the application is in accordance with the
Department's instructions;
(3) Whether the application complies with the requirements of
the OAA and this part;
(4) Whether the application offers the best prospect of serving
appropriate geographic areas; and
(5) Whether the application demonstrates the effective use of
funds.
§ 641.207 Negotiation.
(a) The Department may negotiate with 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 include, but are not
limited to, the following:
(1) Project components, including community service assignments
and geographic locations of authorized positions;
(2) Subproject(s), if any;
(3) Funding level, including all budget line items; and
(4) Performance goals.
§ 641.208 Rejection of grant application or project components.
(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 a mutually acceptable
conclusion, it may reject this grant application.
(b) If the Department rejects an application, as set forth in
paragraph (a) of this section, the Department may solicit
applications from other eligible organizations in order to arrive
at a grant agreement.
(c) When an application is not approved, the Department shall
notify the applicant within a reasonable time in writing and state
the reason(s) for rejection.
(d) Rejection of a proposal or application is a final
Departmental action which is not subject to further administrative
review. Rejection will not affect future consideration of the
applicant for other projects as long as the organization meets the
eligibility criteria.
§ 641.209 Award of funds.
When the applicant is a unit of 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 the Department. When the applicant is a unit of the
Federal Government, other than the Department, the award of funds
shall be accomplished through an interagency agreement.
Subpart C -- Grant Operations
§ 641.301 General.
(a) This subpart establishes basic grant operation standards 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 purposes of an SCSEP project are to provide useful
part-time community service assignments for persons with low
incomes who are 55 years old or older while promoting transition to
unsubsidized employment. Grantees and subgrantees shall develop
appropriate work assignments for eligible individuals which will
result in the provision of community services as defined in
sections 502(b) and 507(2) of the OAA, and § 641.102 and will
promote unsubsidized employment opportunities.
§ 641.302 Grantee responsibilities.
The grantee shall remit to eligible individuals wages, for
community service assignments, and provide skill enhancement
opportunities, periodic physical examinations, personal and
employment-related counseling, assistance in transition to
unsubsidized employment where feasible, and other benefits as
approved by the Department.
(a) grantees are responsible for:
(1) Following and enforcing the requirements set forth in the
OAA and this part;
(2) Implementing and carrying out projects in accordance with
the provisions of the grant agreement; and
(3) Assuring that, to the extent feasible, such projects will
serve the needs of minority, limited English-speaking, and Indian
eligible individuals, and eligible individuals who have the
greatest economic need, at least in proportion to their numbers in
the State, and take into consideration their rates of poverty and
unemployment based on the best available information.
(b) The grantee periodically shall monitor the performance of
grant-supported activities to assure that project goals are being
achieved and that the requirements of the OAA and this part are
being met.
(c) The grantee or subgrantee shall obtain and record the
personal information necessary for a proper determination of
eligibility for each individual and maintain documentation
supporting the eligibility of enrollees.
(d) Each grantee or subgrantee shall make efforts to provide
equitable services among substantial segments of the population
eligible for participation in SCSEP. Such efforts shall include,
but not be limited to: outreach efforts to broaden the composition
of the pool of those considered for participation, to include
members of both sexes, various race/ethnic groups and individuals
with disabilities.
§ 641.303 Cooperative relationships.
(a) Each grantee or subgrantee shall, to the maximum extent
feasible, cooperate with other agencies, including agencies
conducting programs under the JTPA, to provide services to elderly
persons, to persons with low incomes, and with agencies providing
employment and training services.
(b) The cooperation described in paragraph (a) of this section
shall include, but not be limited to:
(1) Selection of community service assignment occupational
categories, work assignments, and host agencies to provide a
variety of community service opportunities for enrollees and to
produce a variety of federally funded services which respond to the
community's total needs and initiatives.
(2) Establishment of cooperative relations with the State
agency on aging designated under section 305(a)(1) of the OAA and
with area agencies on aging designated under section 305(a)(2) of
the OAA for the purpose of obtaining services as authorized under
titles III, IV, and VI of the OAA to increase the likelihood of
receipt of unsubsidized employment opportunities and supportive
services that are available. Existing services provided under the
authority of section 321(a) of the OAA shall be used first by
grantee or subgrantee.
(3) Establishment of cooperative relations with other
employment and training organizations including the State and local
JTPA and the Carl D. Perkins Act programs to insure that project
enrollees can benefit from such cooperative activities as dual
eligibility, shared assessments, training and referral.
(4) Establishment of cooperative relations with State
employment security agencies to insure that enrollees are made
aware of services available from these agencies.
(c) Whenever a national organization or other program sponsor
conducts a project within a planning and service area in a State,
such an organization or program sponsor shall conduct such a
project in consultation with the area agency on aging of the
planning and service area and shall submit to the State agency and
the area agency on aging a description of such project to be
conducted in the State including the location of the project, 30
days prior to undertaking the project, for review and comment to
assure efficient and effective coordination of programs under this
part.
§ 641.304 Recruitment and selection of enrollees.
Grantees and subgrantees shall use methods of recruitment and
selection (including notifying the State employment security agency
when vacancies occur) which will assure that the maximum number of
eligible individuals will have an opportunity to participate in the
program. Recruitment efforts shall be designed, to the extent
feasible, to assure equitable distribution of services to groups
described in § 641.302(e). [Section 502(b)(1)(H) of the OAA.]
§ 641.305 Enrollment eligibility.
(a) General. Eligibility criteria set forth in this section
apply to all SCSEP applicants and enrollees, including the
following individuals:
(1) Each individual seeking initial enrollment;
(2) Each individual seeking reenrollment after termination from
the SCSEP because of loss of unsubsidized employment through no
fault of their own, including illness; and
(3) Each enrollee seeking recertification for continued
enrollment.
(b) Eligibility criteria. To be eligible for initial
enrollment, each individual shall meet the following criteria for
age, income, and place of residence:
(1) Age. Each individual shall be no less than 55 years of
age. No person whose age is 55 years or more shall be determined
ineligible because of age, and no upper age limit shall be imposed
for initial or continued enrollment. [Section 502 of the OAA.]
(2) Income. The income of the family of which the individual
is a member shall not exceed the low-income standards defined in §
641.102 and issued by the Department. In addition, a disabled
person may be treated as a "family of one" for income eligibility
purposes.
(3) Residence. Each individual, upon initial enrollment, shall
reside in the State in which the project is authorized.
(c) No additional eligibility requirement. Grantees and
subgrantees shall not impose any additional condition or
requirement for enrollment eligibility unless required by Federal
law.
(d) Dual Eligibility. Individuals eligible under title V of
the OAA who are enrolled in a joint program established under a
written financial or non-financial agreement to jointly operate
programs with JTPA shall be deemed to satisfy the requirements of
JTPA Title II-A.
(e) Special responsibilities of the grantees and subgrantee(s)
relating to eligibility.
(1) Each grantee or subgrantee shall recertify the income of
each enrollee under its grant or subgrant, respectively, once each
project year, according to the schedule set forth in the grant
agreement and shall maintain documentation to support the
recertification. Enrollees found to be ineligible for continued
enrollment because of income shall be given, by the grantee or
subgrantee, a written notice of termination and shall be terminated
30 days after the notice. No enrollee shall participate in a
community service position for more than 12 months without having
his or her income recertified.
(2) If, at any time, the grantee or a subgrantee determines
that an enrollee was incorrectly declared eligible as a direct
result of false information given by that individual, the
individual shall be given a written notice explaining the reason or
reasons for the determination and shall be terminated immediately.
(3) If, at any time, the grantee or subgrantee determines that
an enrollee was incorrectly declared eligible through no fault of
the enrollee, the grantee or subgrantee shall give the enrollee
immediate written notice explaining the reason or reasons for
termination, and the enrollee shall be terminated 30 days after the
notice.
(4) When a grantee or subgrantee makes an unfavorable
determination on continued eligibility, it shall explain in writing
to the enrollee the reason(s) for the determination and shall
provide notice of the right of appeal in accordance with the
required procedures set forth in § 641.324.
(5) When a grantee or subgrantee terminates an enrollee for
cause, it shall inform the enrollee, in writing, of the reason(s)
for termination and of the right of appeal in accordance with the
required procedures set forth in § 641.324.
(6) When a grantee or subgrantee makes an unfavorable
determination of enrollment eligibility pursuant to paragraph
(e)(1) or (3) of this section, it should assure that the individual
is given a reason for non-enrollment and, when feasible, should
refer the individual to other potential sources of assistance.
§ 641.306 Enrollment priorities.
(a) As set forth in sections 502(b)(1)(M) and 507(1) of the
OAA, enrollment priorities for filling all positions shall be as
follows:
(1) Eligible individuals with the greatest economic need;
(2) Eligible individuals who are 60 years old or older; and
(3) Eligible individuals who seek re-enrollment following
termination of an unsubsidized job through no fault of their own or
due to illness, provided that re-enrollment is sought within one
year of termination.
(b) Within all enrollment priorities, those persons with poor
employment prospects shall be given preference.
(c) Enrollment priorities established in this section shall
apply to all vacant community service positions, but shall not be
interpreted to require the termination of any eligible enrollee.
The priorities do not apply to the experimental private sector
projects authorized by section 502(e) of the OAA.
§ 641.307 [Reserved]
§ 641.308 Orientation.
(a) Enrollee. The grantee or subgrantee shall provide
orientation to eligible individuals who are enrolled as soon as
practicable after a determination of eligibility. The orientation
shall provide, as appropriate, information related to: project
objectives; community service assignments; training; supportive
services; responsibilities, rights, and duties of the enrollee;
permitted and prohibited political activities; plans for transition
to unsubsidized employment and a discussion of safe working
conditions at the host agencies.
(b) Host agency. The grantee or a subgrantee shall provide to
those individuals who will supervise enrollees at the host
agencies, an orientation similar to the one described in paragraph
(a) of this section. This is to assure that enrollees will receive
adequate supervision and opportunities for transitioning to the
host agency staff or other unsubsidized employment.
(c) Supervision. The grantee or subgrantee shall ensure that
host agencies provide adequate supervision, adequate orientation
and instruction regarding, among other things, job duties and safe
working procedures.
§ 641.309 Assessment and reassessment of enrollees.
(a) General. The grantee or subgrantee shall assess each
enrollee under the grant or subgrant, respectively, to determine
the most suitable community service assignment and to identify
appropriate employment, training, and community service objectives
for each individual. The assessment shall be made in partnership
with the new enrollee and should consider the individual's
preference of occupational category, work history, skills,
interests, talents, physical capabilities, need for supportive
services, aptitudes, potential for performing proposed community
service assignment duties, and potential for transition to
unsubsidized employment.
(b) Assessment of physical capabilities. The assessment of
each enrollee shall take into consideration his or her physical
capabilities. Assessments of physical ability shall be consistent
with section 504 of the Rehabilitation Act of 1973, as amended
(section 504), and the Americans with Disabilities Act of 1990
(ADA).
(c) Assignment. The grantee or subgrantee shall seek a
community service assignment which will permit the most effective
use of each enrollee's skills, interests, and aptitudes.
(d) Individual development plans. The grantee and subgrantee
shall use the assessment or reassessment as a basis for developing
or amending an individual development plan (IDP). The IDP shall be
developed in partnership with the enrollee to reflect the needs of
the enrollee as indicated by the assessment, as well as the
expressed interests and desires of the enrollee.
(e) Review of IDP plan. The grantee and subgrantee shall
review the IDP at least once in a 12 month period for the following
purposes: to evaluate the progress of each enrollee in meeting the
objectives of the IDP; to determine each enrollee's potential for
transition to unsubsidized employment; to determine the
appropriateness of each enrollee's current community service
assignment; and to review progress made toward meeting their
training and employment objectives.
(f) Alternative assignment. The sponsor may develop an
alternative assignment for an enrollee, when feasible, should there
be one of the following determinations:
(1) That a different community service assignment will provide
greater opportunity for the use of an enrollee's skills and
aptitudes;
(2) That an alternative assignment will provide work experience
which will enhance the potential for unsubsidized employment; or (3) That an alternative assignment will otherwise serve the best
interests of the enrollee.
(g) Minimum requirements. The assessments and reassessments
required by this section shall meet minimum requirements issued by
the Department on assessment, and subsequent determinations are to
be recorded in the enrollee's IDP, to become a part of each
enrollee's permanent record.
(h) Recent assessments. Assessments of an enrollee, prepared
by another employment or training program (such as a program under
the JTPA or the Carl D. Perkins Vocational and Applied Technology
Act) may be substituted for one prepared by the grantee or
subgrantee if the training program prepared the assessment within
the last year prior to applying for SCSEP. [section 502(b)(1)(M)
of the OAA.]
§ 641.310 Community service assignments.
(a) Assignment to community service. 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
useful part-time community service assignment, if appropriate,
according to the IDP.
(1) Each enrollee shall be placed in a community service
assignment which contributes to the general welfare of the
community and provides services related to publicly-owned and
operated facilities and projects, or projects sponsored by
organizations other than political parties, exempt from taxation
under the provisions of section 501(c)(3) of the Internal Revenue
Code of 1986. Project sponsors may provide enrollees with
opportunities to assist in the administration of the SCSEP.
(2) The enrollee shall not be assigned to work involving the
construction, operation, or maintenance of any facility used or to
be used as a place for sectarian religious instruction or worship,
or to work which primarily benefits private, profit-making
organizations. [Sections 502(b)(1)(A), (C), and (D) and 507(2) of
the OAA.]
(b) Hours of community service assignments.
(1) Each enrollee's community service assignment shall not
exceed 1,300 hours during a 12-month period specified in the
grantee's agreement. The 1,300 hours includes paid hours of
orientation, training, sick leave, and vacation and hours of
enrollment provided by all grantees and subgrantees. No enrollee
shall be paid for more than 1,300 hours in any 12-month period.
[Section 508(a)(2) of the OAA.]
(2) The grantee or subgrantee shall not require an enrollee to
participate more than 20 hours during one week; however, hours may
be extended with the consent of the enrollee.
(3) The grantee or subgrantee shall not offer an enrollee an
average of fewer than 20 hours of paid participation per week.
Shorter periods may be authorized by the grant agreement, in
writing by the Department, or by written agreement between an
enrollee and a grantee or subgrantee. [Section 508(a)(2) of the
OAA.]
(4) The grantee or subgrantee shall, to the extent possible,
ensure that the enrollee works during normal business hours, if the
enrollee so desires.
(c) Location. The enrollee shall be employed at work sites in
or near the community where the enrollee resides. [Section
502(b)(1)(B) of the OAA.]
(d) Working conditions for enrollees. Enrollees shall not be
permitted to work in a building or surroundings or under conditions
which are unsanitary, hazardous, or dangerous to the enrollees'
health or safety. The grantee or subgrantee shall make periodic
visits to the enrollees' work site(s) to assure that the working
conditions and treatment of the enrollee are consistent with the
OAA and this part. [Section 502(b)(1)(J) of the OAA.]
§ 641.311 Enrollee wages and fringe benefits.
(a) Wages. Upon engaging in part-time community service
assignments, including orientation and training in preparation for
community service assignments, each enrollee shall receive wages at
a rate no less than the highest applicable rate:
(1) The minimum wage which would be applicable to the enrollee
under the Fair Labor Standards Act of 1938;
(2) The State or local minimum wage for the most nearly
comparable covered employment; or
(3) The prevailing rates of pay for persons employed in similar
public occupations by the same employer.
(b) Fringe benefits.
(1) The grantee or subgrantee shall ensure that enrollees
receive all fringe benefits required by law.
(2) Within a project or subproject, fringe benefits shall be
provided uniformly to all enrollees, unless the Department agrees
to waive this provision due to a determination that such a waiver
is in the best interests of applicants, enrollees, and the project
administration.
(3) Physical examination.
(i) Each enrollee shall be offered the opportunity to take a
physical examination annually. A physical is a fringe benefit, and
is not an eligibility criterion. The examining physician shall
provide, to the enrollee only, a written report of the results of
the examination. The enrollee may, at his or her option, provide
the grantee or subgrantee a copy of the report. The results of the
physical examination shall not be taken into consideration in
determining placement into a community service assignment.
(ii) An enrollee may refuse the physical examination offered.
In such a case, the grantee or subgrantee should document this
refusal, through a signed waiver or other means, within 60 work
days after commencement of the community service assignment.
Thereafter, grantees or subgrantees shall document an enrollee's
refusal of the annual physical examination.
(c) Retirement. Expenditures of grant funds for contributions
into a retirement system or plan are prohibited, unless the grantee
has documentation on hand showing that:
(1) The costs are allowable under the appropriate cost
principles indicated at § 641.403(b); and
(2) Such contributions bear a reasonable relationship to the
cost of providing such benefits to enrollees because:
(i) the benefits vest at the time contributions are made on
behalf of the enrollees; or
(ii) the charges to SCSEP funds are for contributions on behalf
of enrollees to a "defined benefit" type of plan which do not
exceed the amounts reasonably necessary to provide the specified
benefit to enrollees, as determined under a separate actuarial
determination.
(d) Workers' compensation. Where an enrollee is not covered by
the State workers' compensation law, the grantee or subgrantee
shall provide the enrollee with workers' compensation benefits
equal to that provided by law for covered employment. [Section
504(b) of the OAA.]
(e) Unemployment compensation. The grantee is authorized to
pay the cost of unemployment insurance for covered enrollees, where
required by law. [Section 502(b)(1)(O) of the OAA.]
§ 641.312 Enrollee supportive services.
(a) The grantee or subgrantee shall provide supportive services
designed to assist the enrollee in participating successfully in
community service assignments and, where appropriate, to prepare
and assist the enrollee in obtaining unsubsidized employment. To
the extent feasible, the grantee or subgrantee shall utilize
supportive services available from other titles of the OAA,
particularly those administered by area agencies on aging and other
funding sources.
(b) Supportive services may include, but need not be limited
to, all or some of the following:
(1) Counseling or instruction designed to assist the enrollee
to participate successfully in community service assignments or to
obtain unsubsidized employment.
(2) Counseling designed to assist the enrollee personally in
areas such as health, nutrition, social security benefits, Medicare
benefits, and retirement laws.
(3) Incidentals, including, but not limited to: work shoes,
badges, uniforms, safety glasses, eyeglasses, and hand tools, may
be provided if necessary for successful participation in community
service assignments and if not available from other sources.
(4) Periodic meetings on topics of general interest, including
matters related to health, job seeking skills, safety, and consumer
affairs.
(5) Enrollee transportation.
(i) Enrollee transportation may be paid if transportation from
other sources at no cost to the project is unavailable and such
unavailability is documented. When authorized in the grant
agreement, transportation may be provided for enrollees from home
to work, to training or to supportive services. [Section
502(b)(1)(L) of the OAA.]
(ii) Grant funds may not be expended to support the
transportation costs of host agencies or programs funded by other
than title V of the OAA, except where provided by Federal law.
§ 641.313 Training.
(a) The grantee or subgrantee shall provide or arrange for
training specific to an enrollee's community service assignment.
Training may be provided through lectures, seminars, classroom
instruction, individual instruction or other arrangements
including, but not limited to, arrangements with employment and
training programs. The grantee or the subgrantee is encouraged to
obtain such services through locally available resources, including
employment and training programs, as defined in § 641.103, and
through host agencies, at no cost or reduced cost to the project.
[Section 502(b)(1)(I) of the OAA.]
(b) Training shall consist of up to 500 hours per grant year
and shall be consistent with the enrollee's IDP. Such training may
cover all aspects of training; e.g., skill, job search, etc.
Enrollees shall not be enrolled solely for the purpose of receiving
job search and job referral services. Waivers for additional hours
of training will be considered on an exception basis.
(c) In addition to training in preparation for community
service assignments, as described in this section, a grantee or
subgrantee is encouraged to arrange for, or directly provide,
skills-training opportunities beyond the SCSEP community service
training activities which will permit the enrollee to acquire or
improve skills, including literacy training, applicable in
community service assignment or for unsubsidized employment.
(d) A grantee or subgrantee, to the extent feasible, shall
arrange skill-training for the enrollee which is realistic and
consistent with his or her IDP. A grantee or subgrantee shall
place major emphasis on the training available through on-the-job
experience at SCSEP work sites, thereby retaining the community
service focus of the SCSEP.
(e) An enrollee engaging in skills-related training, as
described in paragraphs (c) and (d) of this section, may be
reimbursed for the documented travel costs and room and board
necessary to engage in such training. [Section 502(b)(1)(I) of the
OAA.]
(f) Whenever possible a grantee or subgrantee shall seek to
obtain all training for enrollees reduced or no cost to title V
from such sources as the JTPA and the Carl D. Perkins Vocational
and Applied Technology Education Act. Where training is not
available from other sources, title V funds may be used for
training.
(g) Nothing in this section shall be interpreted to prevent or
limit an enrollee from engaging in self-development training
available from sources other than title V of the OAA during hours
other than hours of community service assignment.
(h) Joint programming, including co-enrollment when
appropriate, between title V programs and programs authorized by
the Job Training Partnership Act, the Community Services Block
Grant Act, or the Carl D. Perkins Act is strongly encouraged.
§ 641.314 Placement into unsubsidized employment.
(a) In order to ensure that the maximum number of eligible
individuals have an opportunity to participate in community service
assignments, the grantee or subgrantee shall employ reasonable
means to place each enrollee into unsubsidized employment.
(b) To encourage the placement of the enrollee into an
unsubsidized job, the Department has established a goal of placing
into unsubsidized employment the number of enrollees which equals
at least 20 percent of the project's annual authorized positions.
Whenever this goal is not achieved, the grantee shall develop and
submit a plan of action for addressing this shortfall.
(c) The grantee or subgrantee may contact private and public
employers directly or through the State employment security
agencies to develop or identify suitable unsubsidized employment
opportunities; and should encourage host agencies to employ
enrollees in their regular work forces.
(d) The grantee or subgrantee shall follow-up on each enrollee
who is placed into unsubsidized employment and shall document such
follow-up at least once within 3 months of unsubsidized placement.
§ 641.315 Maximum duration of enrollment.
A maximum duration of enrollment may 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 transition to unsubsidized employment or other
assistance before the maximum enrollment duration has expired.
§ 641.316 Individual development plan-related terminations.
When an 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, the
enrollee may be terminated from the SCSEP. Such a termination
shall be consistent with administrative guidelines issued by the
Department and the termination shall be subject to the applicable
appeal rights and procedures described in § 641.324.
§ 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.]
§ 641.318 Over-enrollment.
Should attrition or funding adjustments prevent a 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. The number over-enrolled may not exceed 20
percent of the total number of authorized positions established
under the grant agreement without the written approval of the
Department. Payments to or on behalf of enrollees in such
positions shall not exceed the amount of the unused funds
available. Each individual enrolled in such a position shall be
informed in writing that the assignment is temporary in nature and
may be terminated. The grantee shall first seek to maintain full
enrollment in authorized positions and shall seek to schedule all
enrollments and terminations to avoid excessive terminations at the
end of the grant period.
§ 6541.319 [Reserved]
§ 641.320 Political patronage.
(a) No grantee may select, reject, promote, or 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 a form of political patronage, is prohibited.
(b) There shall be no selection of subgrantees or host agencies
based on political affiliation.
§ 641.321 Political activities.
(a) General. No project under title V 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 during hours for which
they are paid with SCSEP funds.
(2) No enrollee or staff person, at any time, may be permitted
to engage in partisan political activities in which such enrollee
or staff person represents himself or herself as a spokesperson of
the SCSEP program.
(3) No enrollee may be employed or out-stationed in the office
of a Member of Congress, a State or local legislator, or on any
staff of a legislative committee.
(4) No enrollee may be employed or out-stationed in the
immediate office of any elected chief executive officer(s) of a
State or unit of general government, except that:
(i) Units of local government may serve as host-agencies for
enrollees in such positions, provided that such assignments are
nonpolitical; and
(ii) Where assignments are technically in such offices, such
assignments actually are program activities not in any way involved
in political functions.
(5) No enrollee may be assigned to perform political activities
in the offices of other elected officials. However, placement of
enrollees in such nonpolitical assignments within the offices of
such elected officials is permissible, provided that grantees
develop safeguards to ensure that enrollees placed in these
assignments are not involved in political activities. These
safeguards shall be described in the grant agreement and shall be
subject to review and monitoring by the grantee and the Department.
(b) Hatch Act.
(1) State and local employees governed by 5 U.S.C. chapter 15
shall comply with the Hatch Act provisions as interpreted and
applied by the Office of the Special Counsel.
(2) Each project subject to 5 U.S.C. chapter 15 shall display a
notice and shall make available to each person associated with such
project a written explanation, clarifying the law with respect to
allowable and unallowable political activities under 5 U.S.C.
chapter 15 which are applicable to the project and each category of
individuals associated with such project. This notice, which shall
have the approval of the Department, shall contain the telephone
number and address of the DOL Inspector General. [Section
502(b)(1)(P) of the OAA.] Enforcement of the Hatch Act shall be as
provided at 5 U.S.C. chapter 15.
§ 641.322 Unionization.
No funds provided under title V or this part may be used in any
way to assist, promote, or deter union organizing.
§ 641.323 Nepotism.
(a) No grantee or subgrantee may hire, and no host agency may
be a work site for a person who works in an administrative
capacity, staff position, or community service position funded
under title V or this part if a member of that person's immediate
family is engaged in a decision-making capacity (whether
compensated or not) for that project, subproject, grantee,
subgrantee or host agency. This provision may be waived by the
Department at work sites on Native American reservations and rural
areas provided that adequate justification can be documented, such
as that no other persons are eligible for participation.
(b) To the extent that an applicable State or local legal
requirement regarding nepotism is more restrictive than this
provision, that requirement shall be followed.
(c) For purposes of this section:
(1) Immediate family means wife, husband, son, daughter,
mother, father, brother, sister, son-in-law, daughter-in-law,
mother-in-law, father-in-law, brother-in-law, sister-in-law, aunt,
uncle, niece, nephew, stepparent, stepchild, grandparent, and
grandchild.
(2) Engaged in an administrative capacity includes those
persons who, in the administration of projects, or host agencies,
have responsibility for, or authority over those with
responsibility for, the selection of enrollees from among eligible
applicants.
§ 641.324 Enrollee and applicant complaint resolution.
(a) Each grantee shall 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 an enrollee.
(b) Allegations of violations of federal law, other than those
described in paragraph (c) of this section, which cannot be
resolved within 60 days as a result of the grantee's procedures,
may be filed with the Chief, Division of Older Worker Programs,
Employment and Training Administration, U.S. Department of Labor,
Washington, DC 20210.
(c) Grantees that do not receive any funds under the JTPA shall
process complaints of discrimination in accordance with 29 CFR
parts 31 and 32. Grantees that receive any funds under JTPA shall
process complaints of discrimination in accordance with 29 CFR part
34.
(d) Except for complaints described in paragraphs (b) and (c)
of this section, the Department shall limit its review to
determining whether the grantee's appeal procedures were followed.
§ 641.325 Maintenance of effort.
(a) Employment of an enrollee funded under 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) without assistance under the OAA. [Section
502(b)(1)(F) of the OAA.]
(b) Each project funded under title V or this part:
(1) Should result in an increase in employment opportunities in
addition to those which would otherwise be available;
(2) Shall not result in the displacement of currently employed
workers, including partial displacement such as a reduction in
hours of non-overtime work, wages, or employment benefits;
(3) Shall not impair existing contracts for service or result
in the substitution of Federal funds for other funds in connection
with work that would otherwise be performed;
(4) Shall not substitute project jobs for existing
federally-assisted jobs; and
(5) Shall not employ or continue to employ any enrollee to
perform work which is the same or substantially the same as that
performed by any other person who is on layoff. [Section
502(b)(1)(G) of the OAA.]
§ 641.326 Experimental private sector training projects.
(a) The Department may authorize a grantee to develop an
experimental job training project(s) designed to provide second
career training and the placement of eligible individuals in
employment opportunities with private business concerns. [Section
502(e) of the OAA.]
(b) Experimental project agreements for training may be with
States, public agencies, non-profit private organizations, and
private business concerns.
(c) The geographic location of these projects shall be
determined by the Department to insure an equitable distribution of
such projects.
(d) To the extent feasible, experimental projects shall
emphasize second-career training, and innovative work modes,
including those with reduced physical exertion, and placement into
growth industries and jobs reflecting new technologies.
(e) The Department shall establish by administrative guidelines
the application schedule, content, format, allocation levels and
reporting requirements for experimental projects.
(f) Current title V eligibility standards shall be used for
experimental projects unless the Department permits, in writing,
the use of another approved income index.
(g) Projects funded under section 502(e) of the OAA shall seek
to be coordinated with projects carried out under title II-A of the
JTPA to the extent feasible.
(h) National grantees shall distribute funds for experimental
projects in accordance with the State allocation in their title V
grant.
(i) A grantee may exclude a project, permitted under section
502(e) of the OAA, from meeting the non-federal share requirement
set forth in § 641.407; however, this exclusion does not relieve
the grantee from the matching requirement, under § 641.407, which
applies to the entire grant.
Subpart D -- Administrative Standards and Procedures for Grantees
and Limitations on Federal Funds
§ 641.401 General.
This subpart establishes limitations on title V funds to be used
for community service activities and describes, or incorporates by
reference, requirements for the administration of grants by the
SCSEP grantee.
§ 641.402 Administrative requirements.
(a) Except as otherwise provided in this part, title V funds
shall be administered in accordance with, and subject to, the
Department's regulations at 29 CFR parts 31, 32, 34, 93, 96, and
98. In addition, projects and activities administered by State,
local or Indian tribal governments are also subject to the
Department's administrative requirements regulations at 29 CFR part
97; projects and activities administered by institutions of higher
education, hospitals, or other non-profit organizations are subject
to the Department's administrative requirements regulations at 29
CFR part 95. Grantees of title V funds shall be subject to any
revisions of any implementing regulations cited in this paragraph
(a) on the effective date of such revisions.
(b) The administration of interagency agreements set forth in
subpart E of this part is not subject to paragraph (a) of this
section.
§ 641.403 Allowable costs.
(a) General. The allowability of costs shall be determined in
accordance with the cost principles indicated in paragraph (b) of
this section, except as otherwise provided in this part.
(b) Applicable Cost Principles.
(1) The cost principles set forth in paragraphs (b)(1) through
(4) of this section apply to the organization incurring the costs:
(i) OMB Circular A-87 -- State, local or Indian tribal
government;
(ii) OMB Circular A-122 -- Private, non-profit organization
other than:
(A) Institutions of higher education;
(B) Hospitals; or
(C) Other organizations named in OMB Circular A-122 (see
sections 4.a. (Definitions) and 5 (Exclusions) of OMB Circular A-122);
(iii) OMB Circular A-21 -- Educational institution; or
(iv) 48 CFR part 31.2 -- Commercial organization (for-profit
organization, other than a hospital or other organizations named in
OMB Circular A-122).
(2) The OMB Circulars are available by writing to the Office of
Management and Budget, Office of Administration, Publications Unit,
Room G-236, New Executive Office Building, Washington, DC 20503, or
by calling 202-395-7332.
(c) Lobbying costs. In addition to the prohibition contained
in 29 CFR part 93 and in accordance with limitations on the use of
appropriated funds in Department of Labor Appropriation Acts, title
V funds shall not be used to pay any salaries or expenses related
to any activity designed to influence legislation or appropriations
pending before the Congress of the United States.
(d) Building repairs and acquisition costs. No federal grant
funds provided to a grantee or subgrantee under title V of the OAA
or this part may be expended directly or indirectly for the
purchase, erection, or repair of any building except for the labor
involved in:
(1) Minor remodeling of a public building necessary to make it
suitable for use by project administrators;
(2) Minor repair and rehabilitation of publicly used facilities
for the general benefit of the community; and
(3) Minor repair and rehabilitation by enrollees of housing
occupied by persons with low incomes who are declared eligible for
such services by authorized local agencies.
(4) Accessibility and Reasonable Accommodation. Funds may be
used to meet a grantee or subgrantee's obligations to provide
physical and programmatic accessibility and reasonable
accommodation as required by section 504 of the Rehabilitation Act
of 1973, as amended, and the Americans with Disabilities Act of
1990.
(e) Allowable fringe benefit costs. The cost of the following
fringe benefits are allowable: initial and annual physical
assessments, annual leave, sick leave, holidays, health insurance,
social security, worker's compensation and any other fringe
benefits approved in the grant agreement and permitted by the
appropriate Federal cost principles found in OMB Circulars A-87 and
A-122, except as limited for retirement costs by § 641.311(c).
§ 641.404 Classification of costs.
All costs must be charged to one of the following three cost
categories:
(a) Administration. The cost category of Administration shall
include, but need not be limited to, the direct and indirect costs
of providing:
(1) Administration, management, and direction of a program or
project;
(2) Reports on evaluation, management, community benefits, and
other aspects of project activity;
(3) Assistance of an advisory council, if any;
(4) Accounting and management information systems;
(5) Training and technical assistance for grantee or subgrantee
staff;
(6) Bonding; and
(7) Audits.
(b) Enrollee wages and fringe benefits. The cost category of
Enrollee Wages and Fringe Benefits shall include wages paid to
enrollees for hours of community service assignments, as described
in § 641.311, including hours of training related to a community
service assignment, and the costs of fringe benefits provided in
accordance with § 641.311.
(c) Other enrollee costs. The cost category of Other enrollee
costs shall include all costs of functions, services, and benefits
not categorized as administration or enrollee wages and fringe
benefits. Other enrollee costs shall include, but shall not be
limited to, the direct and indirect costs of providing:
(1) Recruitment and selection of eligible enrollees as provided
in §§ 641.304 and 641.305;
(2) Orientation of enrollees and host agencies as provided in §
641.308;
(3) Assessment of enrollees for participation in community
service assignments and evaluation of enrollees for continued
participation or transition to unsubsidized employment as provided
in § 641.309;
(4) Development of appropriate community service assignments as
provided in § 641.310;
(5) Supportive services for enrollees, including
transportation, as provided in § 641.312;
(6) Training for enrollees, including tuition; and
(7) Development of unsubsidized employment opportunities for
enrollees as provided in § 641.314.
(d) Cost reductions. Grantees may lower administration costs
or other enrollee costs by assigning enrollees to activities which
normally would be charged to either of these cost categories. In
such instances, the costs of enrollees' wages and fringe benefits
shall be charged to the cost category of enrollee wages and fringe
benefits. [Section 502(b)(1)(A) of the OAA.]
§ 641.405 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
service activities. Cost categories, limitations, and periods
during which different limitations shall apply are set forth in
paragraph (b) of this section.
(b) The cost categories and the limitations which apply to them
shall be:
(1) Administration. The amount of federal funds expended for
the cost of administration during the program year shall be no more
than 13.5 percent of the grant. The Department may increase the
amount available for the cost of administration to no more than 15
percent of the project in accordance with section 502(c)(3) of the
OAA.
(2) Enrollee wages and fringe benefits. The amount of federal
funds budgeted for enrollee wages and fringe benefits shall be no
less than 75 percent of the grant.
§ 641.406 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 have an agreement, as set forth under section 502(b) of
the OAA, the Department may waive § 641.405(b)(1) and increase the
amount available for paying the costs of administration to an
amount not to exceed 15 percent of the proposed federal costs of
the grant. Each waiver shall be in writing. The Department shall
administer this section in accordance with section 502(c)(3)(A) and
(B) of the OAA.
(b) The waiver may be provided to grantees that demonstrate and
document reasonable and necessary:
(1) Major administrative cost increases;
(2) Operational requirements imposed by the Department;
(3) Increased costs associated with unsubsidized placement;
(4) Increased costs of providing specialized services to
minority groups; and
(5) The minimum amount necessary to administer the grant
relative to the available funds.
§ 641.407 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
29 CFR 97.24 or 29 CFR 95.23, as appropriate. The Department shall
pay not more than 90 percent of the cost of any project which is
the subject of an agreement entered into under the OAA, except that
the Department is authorized to pay all of the costs of any such
project which is:
(a) An emergency or disaster project;
(b) A project located in an economically depressed area as
determined by the Secretary of Labor in consultation with the
Secretary of Commerce and the Director of the Office of Community
Services of the Department of Health and Human Services;
(c) A project which is exempted by law; or
(d) A project serving an Indian reservation that can demonstrate
it cannot provide adequate non-federal resources. [Sections 502(c)
and 502(e) of the OAA.]
§ 641.408 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 fringe benefits to any other budget category
shall not be permitted without prior written approval of the
awarding agency. The Department shall not approve any budget
change which would result in non-compliance with § 641.405(b)(2).
§ 641.409 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 Community Service
Employment Program Quarterly Progress Report (QPR). This report
shall be prepared to coincide with the ending dates for Federal
fiscal year quarters and shall be submitted to the Department no
later than 30 days after the end of the quarterly reporting period
unless a waiver is provided. If the grant period ends on a date
other than the last day of a federal fiscal year quarter, the last
quarterly report covering the entire grant period shall be
submitted no later than 30 days after the ending date unless a
waiver is provided. The Department shall provide instructions for
the preparation of this report.
(b) In accordance with 29 CFR 97.41 or 29 CFR 95.52, as
appropriate, the following financial reporting requirements apply
to title V grants:
(1) An SF-269, Financial Status Report (FSR), shall be
submitted to the Department within 30 days after the ending of each
quarter of the program year unless a waiver is provided. A final
FSR shall be submitted within 90 days after the end of the grant
unless a waiver is provided.
(2) All FSR's shall be prepared on an accrual basis.
(c) In accordance with Departmental instructions, an equitable
distribution report of SCSEP positions by all grantees in each
State shall be submitted annually by the State agency receiving
title V funds or another project sponsor designated by the
Department. [Approved under the Office of Management and Budget
Control No. 1205-0040]
§ 641.410 Subgrant agreements.
(a) The grantee is responsible for the performance of all
activities implemented under subgrant agreements and for compliance
by the subgrantee with the OAA and this part.
(b) No subgrant or other subagreement may provide for any
expenditure of funds beyond the ending date of the grant agreement.
(c) For purposes of this part, procurement, as described in 29
CFR part 97 and 29 CFR 95.40 through 95.48, does not include the
award or administration of subgrant agreements.
§ 641.411 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 program income.
§ 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.
§ 641.413 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 which implements Office of
Management and Budget Circular A-128, "Audits of State and Local
Governments"; or OMB Circular 133, "Audits of Institutions of
Higher Education and Other Nonprofit Institutions", as appropriate.
§ 641.414 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 issue supplementary closeout instructions for all
title V grantees.
§641.415 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 the Department relating
to costs, payments, notices of suspension, and notices of
termination other than those resulting from an audit. Appeals of
suspensions and terminations for discrimination shall be processed
under 29 CFR part 31, 32, or 34, as appropriate.
(b) Appeals from a final disallowance of cost as a result of an
audit shall be made pursuant to 29 CFR subpart 96.6.
(c) Upon a grantee's receipt of the Department's final
determination relating to costs (except final disallowance of cost
as a result of an audit), payments, suspension or termination, the
grantee may appeal the final determination to the Department's
Office of Administrative Law Judges, as follows:
(1) Within 21 days of receipt of the Department's final
determination, the grantee may transmit by certified mail, return
receipt requested, a request for a hearing to the Chief
Administrative Law Judge, United States Department of Labor, 800 K
Street, NW., room 400 N, Washington, DC 20001 with a copy to the
Department official who signed the final determination. The Chief
Administrative Law Judge shall designate an administrative law
judge to hear the appeal.
(2) The request for hearing shall be accompanied by a copy of
the final determination, if issued, and shall state specifically
those issues of the determination upon which review is requested.
Those provisions of the determination not specified for review, or
the entire determination when no hearing has been requested, shall
be considered resolved and not subject to further review.
(3) The Rules of Practice and Procedures for Administrative
Hearings Before the Office of Administrative Law Judges, set forth
at 29 CFR part 18, shall govern the conduct of hearings under this
section, except that:
(i) The appeal shall not be considered a complaint; and
(ii) Technical rules of evidence, such as the Federal Rules of
Evidence and subpart B of 29 CFR part 18, shall not apply to any
hearing conducted pursuant to this section. However, rules
designed to assure production of the most credible evidence
available and to subject testimony to test by cross-examination
shall be applied where reasonably necessary by the administrative
law judge conducting the hearing. The certified copy of the
administrative file transmitted to the administrative law judge by
the official issuing the final determination shall be part of the
evidentiary record of the case and need not be moved into evidence.
(4) The administrative law judge should render a written
decision no later than 90 days after the closing of the record.
(5) The decision of the administrative law judge shall
constitute final action by the Secretary of Labor unless, within 21
days after receipt of the decision of the administrative law judge,
a party dissatisfied with the decision, or any part thereof, has
filed exceptions with the Secretary of Labor specifically
identifying the procedures, fact, law, or policy to which exception
is taken. Any exception not specifically urged shall be deemed to
have been waived. Thereafter, the decision of the administrative
law judge shall become the decision of the Secretary unless the
Secretary of Labor, within 30 days of such filing, has notified the
parties that the case has been accepted for review.
(6) Any case accepted for review by the Secretary of Labor
shall be decided within 180 days of such acceptance. If not so
decided, the decision of the administrative law judge shall become
the final decision of the Secretary of Labor.
Subpart E -- Interagency Agreements
§ 641.501 Administration.
(a) Federal establishments other than the 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 § 641.409.
(b) Non-DOL federal establishments which receive and use funds
under title V shall maintain the standard records on individual
enrollees and enrollee activities, in accordance with this part.
(c) The Department may provide title V funds to another federal
agency by a non-expenditure transfer authorization or by payments
on an advance or reimbursement basis.
(d) In aspects of project administration other than those
described in paragraphs (a) and (b) of this section, federal
establishments which receive and use funds under title V of the OAA
may use their normal administrative procedures.
Subpart F -- Assessment and Evaluation
§ 641.601 General.
The Department shall assess each grantee and 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 or other agreements. The Department also shall
evaluate the overall program conducted under title V of the OAA or
this part to aid in the administration of the SCSEP. The
Department and individuals designated by the Department may make
site visits and conduct such other monitoring activities as
determined by SCSEP needs.
§ 641.602 Limitation.
In arranging for the assessment of a grantee, or 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, or organization associated with any
project under title V of the OAA.
Signed at Washington, DC, this day of , 1995.
ROBERT B. REICH,
Secretary of Labor.
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