[Excerpt from Federal Register / Vol. 59, No. 170 / Friday, September 2, 1994
/ 45815 (amendments to JTPA regulations)]

Sec. 626.5  Definitions.


    In addition to the definitions contained in section 4 of the Act, 
the following definitions of terms used in the Act or parts 626-631 of 
this chapter apply as appropriate to programs under titles I, II, and 
III of the Act:

    Accrued expenditures means charges made to the JTPA program. 
Expenditures are the sum of actual cash disbursements, the amount of 
indirect expense incurred, and the net increase (or decrease) in the 
amounts owed by the recipient for the goods and other property 
received, for services performed by employees, contractors, 
subgrantees, subcontractors, and other payees, and other amounts 
becoming owed under programs for which no current services or 
performance are required, such as annuities, insurance claims, and 
other benefit payments.

    Act means the Job Training Partnership Act.

    ALJ means an administrative law judge in the Office of 
Administrative Law Judges of the U.S. Department of Labor.

    Awarding agency means: (1) With respect to a grant, the Department 
of Labor; and (2) with respect to a subgrant or contract, the party 
that awarded the subgrant or contract.

    Capacity building means the systematic improvement of job 
functions, skills, knowledge, and expertise of the personnel who staff 
and administer employment and training and other closely related human 
service systems. Capacity building is designed to enhance the 
effectiveness, to strengthen the caliber of customer services provided 
under the Act and other Federal, State, and local employment and 
training programs, and improve coordination among them. Capacity 
building includes curriculum development, appropriate training, 
technical assistance, staff development, and other related activities.

    Chief elected official (CEO) means the official or officials, or 
their representatives, of the jurisdiction or jurisdictions which 
requested designation by the Governor as a service delivery area.

    Commercial organizations means private for-profit entities.

    Commercially available off-the-shelf training package means a 
training package sold or traded to the general public in the course of 
normal business operations, at prices based on established catalog or 
market prices. To be considered as "sold to the general public," the 
package must be regularly sold in sufficient quantities to constitute a 
real commercial market to buyers that must include other than JTPA 
programs. The package must include performance criteria pertaining to 
the delivery of the package which may include participant attainment of 
knowledge, skills or a job.

    Contractor means the organization, entity, or individual that is 
awarded a procurement contract under the recipient's or subrecipient's 
procurement standards and procedures.

    Cost means accrued expenditure.

    Department means the U.S. Department of Labor.

    DOL means the U.S. Department of Labor.

    ETA means the Employment and Training Administration of the U.S. 
Department of Labor.

    Family is defined at section 4(34) of the Act. An "individual with 
a disability" shall, for the purposes of income eligibility 
determination, be considered to be an unrelated individual who is a 
family unit of one, consistent with the definition of "economically 
disadvantaged" at section 4(8) of the Act. The Governor may provide 
interpretations of the term "family" related to how "dependent 
children" are defined for programs within a State, consistent with the 
Act, and all applicable rules and regulations, and State or local law. 
Such interpretations by the Governor may address the treatment of 
certain individuals who may need to be viewed discretely in the income 
eligibility determination process, such as runaways, emancipated youth, 
and court adjudicated youth separated from the family.

    The phrase "living in a single residence" with other family 
members includes temporary, voluntary residence elsewhere (e.g., 
attending school or college, or visiting relatives). It does not 
include involuntary temporary residence elsewhere (e.g., incarceration, 
or placement as a result of a court order).

    Family income means "income" as defined by the Department of 
Health and Human Services in connection with the annual poverty 
guidelines. Such income shall not include unemployment compensation, 
child support and public assistance (including Aid to Families with 
Dependent Children, Supplemental Security Income, Emergency Assistance 
money payments, and non-federally funded General Assistance or General 
Relief money payments), as provided for at section 4(8) of the Act. In 
addition, such income shall also exclude foster child care payments, 
educational financial assistance received under title IV of the Higher 
Education Act (20 U.S.C. 1087), as amended by section 479(B) of the 
Higher Education Act Amendments of 1992), needs-based scholarship 
assistance, and income earned while on active military duty and other 
benefit payments specified at 38 U.S.C. 4213, items (1) and (3). The 
Governor may, for the purposes of determining income eligibility for 
services to older individuals under section 204(d)(5) of the Act, 
exclude up to 25 percent of Social Security and Old Age Survivors' 
Insurance benefit payments under title II of the Social Security Act, 
(42 U.S.C., section 401, et seq.) from the definition of family income. 
In addition, when a Federal statute specifically provides that income 
or payments received under such statute shall be excluded in 
determining eligibility for and the level of benefits received under 
any other federal statute, such income or payments shall be excluded in 
JTPA eligibility determinations.

    Funding period means the period of time when JTPA funds are 
available for expenditure. Unless a shorter period of time is specified 
in a title III discretionary award, the JTPA funding period is the 3-
year period specified in JTPA section 161(b); the program year in which 
Federal funds are obligated to the recipient, and the two succeeding 
program years.

    Governor means, in addition to the definition at section 4(9) of 
the Act, the recipient of JTPA funds awarded to the State under titles 
I through III.

    Grant means an award of JTPA financial assistance by the U.S. 
Department of Labor to an eligible JTPA recipient. (Also, see 
Secs. 627.405 and 627.430 of these regulations).

    Grantee means the recipient.

    Individual service strategy (ISS) is defined in Sec. 628.520 of 
this chapter.

    Job search assistance (also including job search skills training 
and job club activities) means the provision of instruction and support 
to a participant to give the participant skills in acquiring full time 
employment. The services provided may include, but are not limited to, 
resume writing, interviewing skills, labor market guidance, telephone 
techniques, information on job openings, and job acquisition 
strategies, as well as the provision of office space and supplies for 
the job search.

    Job Training Partnership Act means Public Law (Pub. L.) 97-300, as 
amended, 29 U.S.C. 1501, et seq.

    JTPA means the Job Training Partnership Act.

    Nontraditional employment, as applied to women, means occupations 
or fields of work where women comprise less than 25 percent of the 
individuals employed in such occupation or field of work as provided 
periodically by the Department in the Federal Register. (Pub. L. 102-
235, Nontraditional Employment for Women Act).

    OALJ means the Office of Administrative Law Judges of the U.S. 
Department of Labor.

    Obligations means the amounts of orders placed, contracts and 
subgrants awarded, goods and services received, and similar 
transactions during a funding period that will require payment by the 
recipient or subrecipient during the same or a future period.

    OIG means the Office of Inspector General of the U.S. Department of 
Labor.

    PIC means a private industry council.

    Participant means an individual who has been determined to be 
eligible to participate in and who is receiving services (except post-
termination services authorized under sections 204(c)(4) and 264(d)(5) 
and followup services authorized under section 253(d)) under a program 
authorized by the JTPA. Participation shall be deemed to commence on 
the first day, following determination of eligibility, on which the 
participant began receiving subsidized employment, training, or other 
services provided under the JTPA. (section 4(37)).

    Program year means the 12-month period beginning July 1 of the 
indicated year.

    Recipient means the entity to which a JTPA grant is awarded 
directly from the Department of Labor to carry out the JTPA program. 
The recipient is the entire legal entity that received the award and is 
legally responsible for carrying out the JTPA program, even if only a 
particular component of the entity is designated in the grant award 
document. For JTPA grants under titles I, II and III, except for 
certain discretionary grants awarded under title III, part B, the State 
is the recipient.

    SDA means a service delivery area designated by the Governor 
pursuant to section 101(a)(4) of the Act. As used in these regulations, 
SDA may also refer to the entity that administers the JTPA program 
within the designated area.

    SDA grant recipient means the entity that receives JTPA funds for a 
service delivery area directly from the recipient.

    Secretary means the Secretary of Labor.

    Section, as used in this chapter, means a section of the Act unless 
the text specifically indicates otherwise.

    Service provider means a public agency, private nonprofit 
organization, or private-for-profit entity that delivers educational, 
training, employment or supportive services to JTPA participants. 
Awards to service providers may be made by subgrant, contract, 
subcontract, or other legal agreement.

    Stand-in costs means costs paid from non-Federal sources that a 
recipient proposes to substitute for Federal costs that have been 
disallowed as a result of an audit or other review. In order to be 
considered as valid substitutions, the costs (1) shall have been 
reported by the grantee as uncharged program costs under the same title 
and in the same program year in which the disallowed costs were 
incurred (2) shall have been incurred in compliance with laws, 
regulations, and contractual provisions governing JTPA, and (3) shall 
not result in a violation of the applicable cost limitations.

    State is defined at section 4(22) of the Act. For cash payment 
purposes, the definition of "State" contained in the Department of 
the Treasury regulations at 31 CFR 205.3 shall apply to JTPA programs.

    State council means the State Job Training Coordinating Council 
(SJTCC) or, in a State with a Human Resource Investment Council (HRIC) 
pursuant to Sec. 628.215 of this chapter, the HRIC.

    Subgrant means an award of JTPA financial assistance in the form of 
money, or property in lieu of money, made under a grant by a recipient 
to an eligible subrecipient. It also means a subgrant award of JTPA 
financial assistance by a subrecipient to a lower tier subrecipient. 
The term includes financial assistance when provided by any legal 
agreement, even if the agreement is called a contract, but does not 
include procurement purchases from vendors nor does it include any form 
of assistance received by program participants.

    Subgrantee means a subrecipient.

    Subrecipient means the legal entity to which a subgrant is awarded 
and which is accountable to the recipient (or higher tier subrecipient) 
for the use of the funds provided. For JTPA purposes, distinguishing 
characteristics of a subrecipient include items such as determining 
eligibility of applicants, enrollment of participants, performance 
measured against meeting the objectives of the program, responsibility 
for programmatic decisionmaking, responsibility for compliance with 
program requirements, and use of the funds awarded to carry out a JTPA 
program or project, as compared to providing goods or services for a 
JTPA program or project (vendor). Depending on local circumstances, the 
PIC, local elected official, or administrative entity may be a 
subrecipient. SDA grant recipients and JTPA title III substate grantees 
are particular types of subrecipients.

    Substate grantee (SSG) means that agency or organization selected 
to administer programs pursuant to section 312(b) of the Act. The 
substate grantee is the entity that receives JTPA title III funds for a 
substate area directly from the Governor.

    Technical assistance is a facet of capacity building which may 
include but is not limited to information sharing, dissemination and 
training on program models and job functions; peer-to-peer networking 
and problem solving; guides; and interactive communication 
technologies.

    Title, as used in this chapter, means a title of the Act, unless 
the text of the regulation specifically indicates otherwise.

    Vendor means an entity responsible for providing generally required 
goods or services to be used in the JTPA program. These goods or 
services may be for the recipient's or subrecipient's own use or for 
the use of participants in the program. Distinguishing characteristics 
of a vendor include items such as: Providing the goods and services 
within normal business operations; providing similar goods or services 
to many different purchasers, including purchasers outside the JTPA 
program; and operating in a competitive environment. A vendor is not a 
subrecipient and does not exhibit the distinguishing characteristics 
attributable to a subrecipient, as defined above. Any entity directly 
involved in the delivery of program services not available to the 
general public, with the exception of an employer providing on-the-job 
training, shall be considered a subrecipient rather than a vendor.

    Wagner-Peyser Act means 29 U.S.C. 49, et seq.

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