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Workforce Investment Act; Interim Final Rule [04/15/99]

[PDF Version]

Volume 64, Number 72, Page 18661-18710

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Part II





Department of Labor





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Employment and Training Administration



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20 CFR Part 652, et al.



Workforce Investment Act; Interim Final Rule


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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 652 and Parts 660 through 671

RIN 1205-AB20

 
Workforce Investment Act

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Interim Final Rule; request for comments.

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SUMMARY: The Department of Labor (DOL) is issuing an Interim Final Rule 
implementing provisions of titles I, III and V of the Workforce 
Investment Act. Through these regulations, the Department implements 
the first major reform of the nation's job training system in more than 
15 years. Key components of this reform include streamlining services 
through a One-Stop service delivery, empowering individuals through 
information and access to training resources through Individual 
Training Accounts, providing universal access to core services, 
increasing accountability for results, ensuring a strong role for Local 
Boards and the private sector in the workforce investment system, 
facilitating State and local flexibility, and improving youth programs.

DATES: This Interim Final Rule will become effective on May 17, 1999.
    Comment Period: Comments must be submitted by July 14, 1999. The 
Department cannot guarantee that comments received after this date will 
be considered. Comments that are less than 10 pages in length may be 
transmitted via a facsimile at (202) 219-0323 provided that submission 
of written text follows. Commenters wishing acknowledgment of receipt 
of their comments must submit them by certified mail, return receipt 
requested. Also, comments may be sent electronically using the Internet 
web page at http://usworkforce.org.

ADDRESSES: Submit written comments to the Employment and Training 
Administration, Workforce Investment Act Implementation Taskforce, 200 
Constitution Avenue, NW, Room S5513, Washington, DC 20210, Attention: 
Eric Johnson.
    All comments will be available for public inspection and copying 
during normal business hours at the Employment and Training 
Administration, Workforce Investment Act Implementation Taskforce, 200 
Constitution Avenue, NW, Room S5513, Washington, DC 20210. Copies of 
the Interim Final Rule are available in alternate formats of large 
print and electronic file on computer disk, which may be obtained at 
the above-stated address. The Interim Final Rule is also available on 
the WIA website at http://usworkforce.org
    In compliance with 28 U.S.C. 2112(a), the Employment and Training 
Administration designates the Associate Solicitor for Employment and 
Training Services, Office of the Solicitor, U.S. Department of Labor, 
200 Constitution Avenue, NW, Room N-2101, Washington, DC 20210, as the 
recipient of petitions to review this Interim Final Rule.

FOR FURTHER INFORMATION CONTACT: Mr. Eric Johnson, Workforce Investment 
Act Implementation Taskforce Office, U.S. Department of Labor, 200 
Constitution Avenue, NW, Room S5513, Washington, DC 20210, Telephone: 
(202) 219-0316 (voice) (this is not a toll-free number) or 1-800-326-
2577 (TDD).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

    Certain sections of this Interim Final Rule, such as Secs. 667.300, 
667.900, 668.800, and 669.570 contain information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the Department of Labor has submitted a copy of these 
sections to the Office of Management and Budget for its review. 
Comments must be submitted by May 17, 1999 to: Desk Officer for the 
Department of Labor, Employment Training Administration, Office of 
Management and Budget, 725 17th Street, NW (Rm 10235), Washington DC 
20503. Affected parties do not have to comply with the information 
collection requirements in this document until DOL publishes in the 
Federal Register the control numbers assigned by the Office of 
Management and Budget (OMB). Publication of the control numbers 
notifies the public that OMB has approved this information collection 
requirement under the Paperwork Reduction Act of 1995. An OMB control 
number (1205-0398) was issued for the WIA state planning guidance 
authorized under 20 CFR 661.220, and published at 64 FR 9402 (Feb. 25, 
1999).

I. Background

A. WIA Principles

    On August 7, 1998, President Clinton signed the Workforce 
Investment Act of 1998 (WIA), comprehensive reform legislation that 
supersedes the Job Training Partnership Act (JTPA) and amends the 
Wagner-Peyser Act. The WIA also contains the Adult Education and Family 
Literacy Act (title II) and the Rehabilitation Act Amendments of 1998 
(title IV). Guidance or regulations implementing titles II and IV will 
be issued by the Department of Education.
    The WIA reforms Federal job training programs and creates a new, 
comprehensive workforce investment system. The reformed system is 
intended to be customer-focused, to help Americans access the tools 
they need to manage their careers through information and high quality 
services, and to help U.S. companies find skilled workers.
    This new law embodies seven key principles. They are:
    <bullet> Streamlining services through better integration at the 
street level in the One-Stop delivery system. Programs and providers 
will co-locate, coordinate and integrate activities and information, so 
that the system as a whole is coherent and accessible for individuals 
and businesses alike.
    <bullet> Empowering individuals in several ways. First, eligible 
adults are given financial power to use Individual Training Accounts 
(ITA's) at qualified institutions. These ITA's supplement financial aid 
already available through other sources, or, if no other financial aid 
is available, they may pay for all the costs of training. Second, 
individuals are empowered with greater levels of information and 
guidance, through a system of consumer reports providing key 
information on the performance outcomes of training and education 
providers. Third, individuals are empowered through the advice, 
guidance, and support available through the One-Stop system, and the 
activities of One-Stop partners.
    <bullet> Universal access. Any individual will have access to the 
One-Stop system and to core employment-related services. Information 
about job vacancies, career options, student financial aid, relevant 
employment trends, and instruction on how to conduct a job search, 
write a resume, or interview with an employer is available to any job 
seeker in the U.S., or anyone who wants to advance his or her career.
    <bullet> Increased accountability. The goal of the Act is to 
increase employment, retention, and earnings of participants, and in 
doing so, improve the quality of the workforce to sustain economic 
growth, enhance productivity and competitiveness, and reduce welfare 
dependency. Consistent with this goal, the Act identifies core 
indicators of performance that State and local entities managing the 
workforce investment system must meet--or suffer sanctions. However, 
State and local entities

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exceeding the performance levels can receive incentive funds. Training 
providers and their programs also have to demonstrate successful 
performance to remain eligible to receive funds under the Act. And 
participants, with their ITA's, have the opportunity to make training 
choices based on program outcomes. To survive in the market, training 
providers must make accountability for performance and customer 
satisfaction a top priority.
    <bullet> Strong role for local workforce investment boards and the 
private sector, with local, business-led boards acting as ``boards of 
directors,'' focusing on strategic planning, policy development and 
oversight of the local workforce investment system. Business and labor 
have an immediate and direct stake in the quality of the workforce 
investment system. Their active involvement is critical to the 
provision of essential data on what skills are in demand, what jobs are 
available, what career fields are expanding, and the identification and 
development of programs that best meet local employer needs. Highly 
successful private industry councils under JTPA exhibit these 
characteristics now. Under WIA, this will become the norm.
    <bullet> State and local flexibility. States and localities have 
increased flexibility, with significant authority reserved for the 
Governor and chief elected officials, to build on existing reforms in 
order to implement innovative and comprehensive workforce investment 
systems tailored to meet the particular needs of local and regional 
labor markets.
    <bullet> Improved youth programs linked more closely to local labor 
market needs and community youth programs and services, and with strong 
connections between academic and occupational learning. Youth programs 
include activities that promote youth development and citizenship, such 
as leadership development through voluntary community service 
opportunities; adult mentoring and followup; and targeted opportunities 
for youth living in high poverty areas.
    Many States and local areas have already taken great strides in 
implementing these principles, supported by grants from the Department 
of Labor to build One-Stop service delivery systems and school-to-work 
transition systems. The Act builds on these reforms and ensures that 
they will be available throughout the country.
    The Department wishes to emphasize that it considers the reforms 
embodied in the Workforce Investment Act to be pivotal, and not 
``business as usual.'' This legislation provides unprecedented 
opportunity for major reforms that can result in a reinvigorated, 
integrated workforce investment system. States and local communities, 
together with business, labor, community-based organizations, 
educational institutions, and other partners, must seize this historic 
opportunity by thinking expansively as they design a customer-focused, 
comprehensive delivery system.
    The success of the reformed workforce investment system is 
dependent on the development of true partnerships and honest 
collaboration at all levels and among all stakeholders. While the 
Workforce Investment Act and these regulations assign specific roles 
and responsibilities to specific entities, for the system to realize 
its potential necessitates moving beyond current categorical 
configurations and institutional interests. Also, it is imperative that 
input is received from all stakeholders and the public at each stage of 
the development of State and local workforce investment systems.
    The cornerstone of the new workforce investment system is One-Stop 
service delivery which unifies numerous training, education and 
employment programs into a single, customer-friendly system in each 
community. The underlying notion of One-Stop is the coordination of 
programs, services and governance structures so that the customer has 
access to a seamless system of workforce investment services. It is 
envisioned that a variety of programs could use common intake, case 
management and job development systems in order to take full advantage 
of the One-Stops' potential for efficiency and effectiveness. A wide 
range of services from a variety of training and employment programs 
will be available to meet the needs of employers and job seekers. The 
challenge in making One-Stop live up to its potential is to make sure 
that the State and Local Boards can effectively coordinate and 
collaborate with the network of other service agencies, including TANF 
agencies, transportation agencies and providers, metropolitan planning 
organizations, child care agencies, nonprofit and community partners, 
and the broad range of partners who work with youth.

B. Early Implementation

    Many States have expressed interest in which features of WIA may be 
phased-in after approval of the State workforce investment plan, and 
how long they will have before they must be in full compliance.
    <bullet> The planning guidance (which was published in the Federal 
Register on February 25, 1999) and regulations specify that States may 
submit a State workforce investment plan to the Department for approval 
at any time between April 1, 1999 and April 1, 2000. For those States 
that plan to transition to WIA prior to July 1, 2000, and do not have 
all policies, procedures and systems fully developed, the State may 
submit a Transition Plan that outlines when the State expects to have 
each of the WIA components (for example, the One-Stop system, or the 
Individual Training Account system) fully operational. All components 
must be in place by July 1, 2000. Under this option, the Department 
will conditionally approve the State workforce investment plan. The 
State workforce investment plan will be fully approved once all of the 
WIA components are in place. This option provides some flexibility for 
early implementing States, while ensuring that full implementation is 
completed for all States by July 1, 2000.
    <bullet> States and local areas may use the current waiver 
authority and allowable activities under JTPA, to plan for and 
implement WIA reforms. Activities that are allowable during this phase 
include: (1) Strategic planning; (2) establishment of State and local 
workforce investment boards; (3) consultation with One-Stop partners; 
(4) establishment of ITA systems; and (5) establishment of consumer 
report systems.
    <bullet> Because JTPA title II youth funds are available for 
obligation on April 1, 1999, the Calendar Year 1999 Summer Youth 
Employment and Training Program, and JTPA title II-C youth program 
allocations have been made and are to be allocated by States to local 
areas under the JTPA rules. The Department will issue transition 
guidance which will provide further direction and specification.
    <bullet> A 90 percent hold harmless provision for within-State 
allocations for the youth and adult funding streams, that is based on 
allocations in the first two years of WIA operation, becomes effective 
in the third year a State operates under WIA. Structured to facilitate 
creation of new local areas by freeing States from allocation formulas 
established under JTPA, there is no hold harmless provision effective 
in the first two years of a state's WIA implementation that would cover 
the transition period from JTPA. The lack of a hold harmless provision 
during this period could result in some instability during the early 
stages of WIA implementation. However, Governors do have options 
available to promote stability. For program year 1999 only, the 
Governor may elect to utilize the

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JTPA hold harmless provision. However, in doing so, the two year hold 
harmless is delayed for one year. Therefore, if a State elects to use 
this option, the two year hold harmless would apply for PY 2000 and 
2001 unless Congress decides to address this area with a technical 
amendment. Also, Governors may use some of their 15 percent State 
reserve funds to assist local areas that are negatively impacted by the 
WIA funding formulas, or choose to adopt an adult or youth within-State 
allocation formula that incorporates additional targeting factors, 
provided for in sections 128 and 133 of WIA.

C. Rule Format

    The format, as well as the substance, of the Interim Final Rule, 
reflects the Administration's commitment to regulatory reform and to 
writing regulations that are reader-friendly. The Department has 
attempted to make these regulations clear and easy to understand, as 
well as to anticipate issues that may arise and to provide appropriate 
direction. To this end, the regulatory text is presented in a 
``question and answer'' format. The Department has organized the 
regulations in a way that will help those who must implement the new 
system to recognize the various steps they must take as they develop 
the organization and services that make up the workforce investment 
system. In many cases, the provisions of WIA are not repeated in these 
regulations. As requested by some interested parties, however, in a 
number of instances, it was determined that the regulations would 
provide context and be more reader-friendly if the Act's provisions 
were included in an answer rather than merely cross-referencing the 
statute.
    Section 506(c)(1) of the Act requires the Secretary of Labor to 
issue this Interim Final Rule implementing provisions of the WIA under 
the Department's purview within 180 days of enactment. WIA also 
requires that final regulations be published by December 31, 1999. 
Under Secretary of Labor's Order No. 4-75, the Assistant Secretary for 
Employment and Training has been delegated the responsibility to carry 
out WIA policies, programs, and activities for the Secretary of Labor.
    Given the short time frame imposed, the Department has employed a 
variety of means to initiate extensive coordination with other Federal 
agencies that have roles and responsibilities under the Workforce 
Investment Act. In addition, the Department of Labor, the Department of 
Education, the Department of Health and Human Services, the Department 
of Transportation, and the Department of Housing and Urban Development 
continue to meet on a regular basis to resolve issues surrounding the 
development of the Interim Final Rule and WIA implementation.
    The Department also requested and received input from a broad range 
of sources regarding guidance on how to comply with a number of WIA 
statutory provisions. The Department solicited broad input on WIA 
implementation through a variety of mechanisms: establishing a website 
to encourage input; publishing a Federal Register notice on September 
15, 1998, conducting regional and national panel discussions in October 
1998; publishing a White Paper announcing goals and principles 
governing implementation; posting issues on the usworkforce.org 
website; sharing a discussion draft of regulatory issues with 
stakeholders; holding town hall meetings across the country in December 
1998; conducting several workgroups in December 1998; and issuing draft 
Planning Guidance in December 1998.
    A number of the suggestions received are discussed in the Summary 
and Explanation of the individual provisions of the Interim Final Rule. 
However, because of the large volume of suggestions received and the 
short time allowed for preparation of the regulations, as well as the 
fact that suggestions continue to be received, it was not possible to 
address each one. Where input has not been addressed, it will be 
considered along with comments on the Interim Final Rule before 
publication of the Final Rule. Also, the Department will ensure that 
there are other opportunities for public input and dialogue on the 
important issues surrounding implementation of the Workforce Investment 
Act prior to the publication of the Final Rule.
    The Department has determined that this Interim Final Rule, as 
promulgated, complies with the WIA statutory mandate and provides 
effective direction for the implementation of WIA programs. ETA will 
review all comments received in the development of and response to the 
Interim Final Rule, as well as the experience of early implementing 
States, in considering what further action is necessary in promulgating 
a Final Rule.

II. Summary and Explanation

    This section describes and explains the specific provisions of the 
Interim Final Rule. The explanatory text, in general, adheres closely 
to the corresponding WIA statutory and regulatory language. A 
supporting rationale is provided in those instances where the Rule 
promulgates specific provisions to fulfill the requirements of the WIA 
statute.
    The Department has set regulations only where they are necessary to 
clarify or to explain how the Department intends to interpret the WIA 
statute, to provide context for interpretations or to provide a clear 
statement of the Act's requirements. In several instances--for example, 
the Indian and Native American Programs, and Migrant and Seasonal 
Farmworker Programs--the regulations were developed in consultation 
with advisory councils and are more comprehensive in order to assist 
those grantees. Consistent with the Act, the Interim Final Rule 
provides the States and local governments with the primary 
responsibility to initiate and develop program implementation 
procedures and policy guidance regarding WIA administration. The 
Department has not defined what constitutes many of the activities 
under the Act in order to provide policy-making flexibility to States 
and local areas. Section 661.120 formalizes this flexibility in the 
regulations.

Description of Regulatory Provisions

    The Rule adds 12 new parts to the Code of Federal Regulations, and 
a new subpart to the existing Wagner-Peyser Act regulations. Parts 660-
672 are organized by subject matter; for example, 661 describes State 
and local system design, 667 contains administrative requirements 
applicable to WIA title I funds, and 669 describes requirements 
particularly applicable to Migrant and Seasonal Farmworker programs. 
This discussion section follows that organizational structure.

Part 660--Introduction to the Regulations for the Workforce 
Investment Systems Under Title I of the Workforce Investment Act

    Part 660 discusses the purpose of title I of the Workforce 
Investment Act, explains the format of the regulations governing title 
I, and provides definitions which are not found in the Act. Sections 
101, 142, 166(b), 167(h) 301 and 502 of the Act contain additional 
definitions. Among the regulatory definitions, the Department has 
defined the term ``register'' in order to clarify that programs do not 
need to register participants until they receive a core service beyond 
those that are self-service or informational. This point in time also 
corresponds to the point when the EEO data must be collected, when the 
eligibility definition begins, and when the participants are counted 
for performance measurement purposes.

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Part 661--Statewide and Local Governance of the Workforce 
Investment System Under Title I of the Workforce Investment Act

Introduction

    This part covers the critical underpinnings of how the workforce 
investment system is organized under WIA at the State and local levels. 
Specifically, it consists of four subparts--General Governance, State 
Governance, Local Governance Provisions and Waiver Provisions. The 
General Governance subpart broadly describes the WIA system and sets 
forth the roles of the governmental partners. The State and local 
subparts cover the State and local workforce investment boards and the 
designation process, including alternative entities, and the planning 
requirements. The waiver subpart discusses the processes for obtaining 
general and work-flex waivers.

Subpart A--General Governance Provisions

    1. Subpart A describes the workforce investment system, and sets 
forth the roles of the government partners in the system: the Federal 
government, State governments and local governments. The workforce 
investment system is the method of delivery of workforce investment 
activities to individuals under title I of WIA, and is composed of 
State and local workforce investment boards, local workforce investment 
areas, and the One-Stop system. Through the One-Stop system, the 
workforce investment system is a gateway to a wide variety of 
employment, training, educational and other human resource programs. In 
the Department's view, close cooperation and coordination among the 
Federal, State and local government partners are essential to the 
system's success in providing services to those who need them. Sections 
661.110 and 661.120, describe, in general terms, the roles of the 
government partners. The Department sees one of its roles as Federal 
partner as providing leadership, guidance and support to the system, so 
that State and local governmental partners can better respond to the 
needs of customers. To that end, the WIA regulations are intended to 
provide a framework in which States and local partners may design 
systems and deliver services in ways that best achieve the goals of WIA 
based on particular need. Thus, whenever possible, items such as design 
options and categories of service are not narrowly defined in the 
regulations. Section 660.120 provides authority to State and local 
governments to establish their own policies, interpretations, 
guidelines and definitions relating to program operations under title 
I, as long as they are not inconsistent with WIA or the regulations, 
and, in the case of local governments, not inconsistent with State 
policies. To assist with such interpretations, the Department, with the 
participation of other Federal agencies, as appropriate, will issue 
technical assistance guidance to help States and localities interpret 
WIA and the regulations. Such guidance is not intended to limit State 
flexibility, but rather is intended to provide helpful models on which 
States and local governments can rely to ensure that their own 
interpretations are not inconsistent with the Act and regulations.

Subpart B--State Governance Provisions

    1. State Workforce Investment Board: Sections 661.200--661.210 
describe the membership requirements and responsibilities of the State 
Workforce Investment Board (State Board) and procedures regarding 
designation of an alternative entity to perform the functions of the 
State Board. The role of the State Board is to assist the Governor in 
the development of the State workforce investment plan (State Plan) and 
to carry out the additional functions described in WIA section 111(d). 
Section 661.200 describes the membership requirements of the State 
Board. This section clarifies that State Boards must contain two or 
more members from each of the representative categories described in 
sections 111(b)(1)(C)(iii)-(v) of WIA. These categories are labor 
organizations, individuals and organizations that have experience with 
youth activities, and individuals and organizations that have 
experience and expertise in the delivery of workforce investment 
activities. The Rule requires that, in appointing representatives with 
experience in workforce investment activities, special consideration be 
given to chief executive officers of community colleges and community-
based organizations in the State. The Department acknowledges the 
special expertise that the community college system brings to the 
workforce investment system. The Department foresees a strong role for 
community colleges across states and in local areas and encourages 
states and local areas to appoint presidents and executive officers of 
the state community college system and local community colleges to the 
State and Local Workforce Investment Boards. The Department also 
emphasizes the importance of including the director of the state agency 
responsible for TANF on the State Board, in order to foster linkages 
between WIA and TANF, and to facilitate participation of TANF in One-
Stop systems in the state.
    The Department also received suggestions concerning the 
representation of the State Vocational Rehabilitation Services program, 
a required One-Stop partner, on the State Board. Individuals with 
disabilities represent a large untapped potential workforce, and the 
workforce needs of this group is of significant importance to the 
Department and other Federal agencies. To signal the importance of this 
issue, the Presidential Taskforce on Employment of Adults with 
Disabilities was formed in 1998. In light of this emphasis on 
increasing the employment rate for individuals with disabilities as 
well as the complexity of the organizational requirements applicable to 
this program, the director of the designated State unit under section 
101(a)(2)(B)(ii)(II) of the Rehabilitation Act, if a State has such a 
unit, should be considered the lead State agency official with 
responsibility for the State's vocational rehabilitation program and, 
therefore, should serve on the State Board. In addition, a program 
operated by a State agency for the blind or by a designated State unit 
for the blind should be considered a separate program for purposes of 
appointing members to the State Board under WIA section 111. Among the 
contributions the unit head(s) would make as a member of the State 
Board is assisting in the development of the State performance 
measures. The expertise of the unit head(s) would be particularly 
useful since the Department, in coordination with the Department of 
Education, will be working on the development of an additional 
performance indicator focusing on individuals with disabilities that 
may be used by States under title I of WIA. The Department of Labor and 
the Department of Education will work with the States as they develop 
and implement their State plans to ensure the effective delivery of 
services under the WIA to individuals with disabilities. The Department 
will also be conducting a study of WIA implementation that will include 
a review of the manner and extent to which Vocational Rehabilitation 
programs are integrated in the workforce investment system, and how 
effectively the system serves individuals with disabilities.
    As discussed below, regarding local workforce investment board 
(Local Board) membership requirements, the

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Department received substantial input expressing concern that the 
statutory membership requirements relating to the State and local 
boards will lead to large, unmanageable State and Local Boards. In 
contrast, others thought larger boards would be better in representing 
a wider array of interests. The Department recognizes this concern, 
and, although constrained by the statutory requirements that each 
category of membership contain more than one representative and a 
business majority, the Department has avoided adding additional 
requirements relating to the number of members required. The Department 
believes that problems associated with large board size can be 
addressed in a number of ways, such as the use of committees. The 
Department will be providing technical assistance on creative 
approaches State and Local Boards may wish to consider in addressing 
this issue.
    2. Alternative Entities: The Department believes that changing from 
existing JTPA boards and councils to State Boards meeting the 
requirements of WIA section 111(b) is essential to the reforms of WIA. 
The Department encourages all States to create new, fully functional 
State Boards as early as possible, and is committed to providing 
assistance to States to make such changes. In order to accommodate 
States that have already begun to reform their boards prior to the 
enactment of WIA, the statute provides an option to use an existing 
entity to carry out the functions of the State Board. Section 661.210 
describes the requirements relating to the appointment of this 
alternative entity. Because of questions regarding the application of 
these requirements, paragraph (b) of Sec. 661.210 makes clear that an 
alternative entity must meet each of the three criteria set forth in 
WIA section 111(e). The three criteria are that the entity: (1) Was in 
existence on December 31, 1997; (2)(a) was established pursuant to 
section 122 or title VII of the Job Training Partnership Act, as in 
effect on December 31, 1997, or (b) is substantially similar to the 
State Board as described in subsections (a), (b), and (c) of WIA 
section 111; and (3) includes representatives of business in the state 
and representatives of labor organizations in the state. An entity 
which fails to meet any one of the criteria is not eligible to perform 
the functions of the State Board. A key requirement for an alternative 
entity that was not created under JTPA, is that it be substantially 
similar to the Boards required under WIA. The Department considered 
various ways to define the term ``substantially similar'' but, in the 
end, decided to leave the term undefined. All groups required for 
membership on Workforce Investment Boards are equally important and the 
Department sees alternative entities as a transitional phase during 
which states can operate until a new Board is appointed.
    While an alternative entity need not contain the identical 
membership structure required of State Boards, in the Department's view 
it is important that each of the groups listed in WIA section 111(b) 
have a role in the workforce investment system if the system is to be 
successful. Therefore, the Rule requires that if the Governor 
identifies an alternative entity, the State Plan must explain how the 
State will ensure the ongoing participation of any omitted membership 
groups in the functions of State workforce investment system. While 
this Rule does not mean that omitted groups must be seated on an 
alternative entity, it does require that the State Plan describe how 
these groups will have an opportunity for meaningful input into 
decisions made by the State Board.
    Paragraph (d) of Sec. 661.210 amplifies the requirement that an 
alternative entity must have been established by and in existence on 
December 31, 1997. Because of this requirement, modifications to the 
alternative entity are not allowed; a change to the membership 
structure after December 31, 1997 will invalidate the entity's 
eligibility as an alternative entity. The membership structure is not 
considered to be changed when an existing member leaves the board and a 
replacement member is appointed. However, the membership structure is 
considered to be changed when a change is made to the organizational 
structure of the State Board that requires a change (whether the change 
is formally made or not) in the State Board's charter or to a similar 
document that defines the organizational structure of the State Board, 
such as appointing members of a category not previously represented. In 
such a case, the entity would no longer be eligible to perform the 
functions of the State Board and a new entity, meeting all the 
requirements of section 111 of WIA must be created. This prevents 
piecemeal modification of alternative entities that would add certain 
section 111(b) membership categories but not others.
    3. State Workforce Investment Plan Requirements: Sections 661.220 
and 661.230, describe the requirements for submission, approval and 
modification of the State workforce investment plan. The State Plan 
must be submitted in accordance with planning guidelines to be issued 
by the Secretary, and must be developed through an open public comment 
process. The State Plan must document the timeline and the steps taken 
to ensure the opportunity for meaningful public comment. The Department 
intends that the information contained in the State Plan be subject to 
the broadest possible stakeholder involvement in policy development and 
the broadest possible range of public comment. The planning guidelines 
set forth the information needed for the Secretary to make an informed 
judgment as to whether a State Plan is consistent with WIA. The Rule 
restates the statutory language regarding the process for State Plan 
approval. All plans must be approved within 90 days unless the 
Secretary determines in writing that the State Plan is inconsistent 
with the provisions of title I of WIA and its implementing regulations 
or it does not satisfy the State Plan approval requirements of the 
Wagner-Peyser Act and its implementing regulations. This reflects 
changes made by the technical corrections added in the Omnibus 
Appropriations Act for FY 1999, which clarified that the State plan 
will not be approved if it fails to meet the requirements of either WIA 
or the Wagner-Peyser Act rather than only when it fails to meet both. 
Failure to have completed negotiations with the Secretary of Labor on 
performance measures means the plan is not consistent with title I of 
WIA. A state's failure to have an effective strategy in place to ensure 
the development of a fully operational One-Stop delivery system in the 
state also means the state plan is not consistent with WIA title I. An 
important part of this strategy is an impasse procedure designed to 
facilitate collaboration and coordination between One-Stop partners at 
the local level.
    4. State Plan Modifications: Section 661.230 provides the approval 
process for State Plan modifications. It clarifies that modifications 
may be made at any time during the life of the State Plan, and must be 
made upon certain conditions. Because the State Plan is a five year 
strategic plan and designed to be a living document, it is likely that 
assumptions based upon such things as State or Federal policy, economic 
conditions, performance goals, State and local organizational 
structures and/or State and local needs may change during the course of 
the State Plan. The provision for a five year State Plan was intended 
to reduce paperwork burdens on the States. Accordingly, only 
significant changes require a modification. Examples are: changes in 
performance indicators, changes in the

[[Page 18667]]

methodology used to determine local allocation of funds, or changes to 
the membership structure of the State Board or alternative entity. 
Modifications triggered by significant changes will be subject to the 
same review process as the original State Plan. While it is impossible 
to foresee all such changes that may occur during a five year period, 
through timely modifications of the State Plan, State strategies can 
continue to guide Local Board policy development. The Secretary must 
approve all State Plan modifications unless the disapproval criteria in 
Sec. 661.220 are met.
    5. Local Workforce Investment Area Designation Requirements: 
Sections 661.250 through 661.280 discuss the requirements applicable to 
the designation of local workforce investment areas. The Rule tracks 
the statutory language regarding the State Board recommendation and 
Governor's approval process for designation. It refers to the statutory 
provisions regarding automatic designation of areas with a population 
of 500,000 or more (that request designation) at section 116(a)(2) of 
WIA and temporary and subsequent designation of JTPA service delivery 
areas meeting certain performance criteria (that request designation) 
at section 116(a)(3) of WIA. The statute prohibits the Department from 
further regulating on the standards and criteria for temporary and 
subsequent designation and requires the Department to provide the 
States with technical assistance to make the designations. The 
regulations restate the statutory language regarding the rights of 
areas to appeal the denial of a request for automatic or temporary and 
subsequent designation as a local workforce investment area.
    6. Regional Planning Activities: Section 661.290 describes the 
circumstances in which the State may require Local Boards to take part 
in regional planning activities. This provision permits States to 
undertake methods to improve performance across area boundaries by 
requiring local areas to engage in a regional planning process to share 
employment-related information and to coordinate the provision of local 
services pursuant to that regional planning. The regulation follows the 
statutory language regarding the requirements for regional planning, 
and permits regional planning to occur across State boundaries. Section 
661.290 clarifies that Local Boards which are part of State-designated 
regional planning areas must participate in regional planning 
activities. However, to strike a balance, the regulation also provides 
that regional planning and performance requirements may not substitute 
for the local planning and performance requirements unless the affected 
chief elected officials and the Governor agree to that substitution.

Subpart C--Local Governance Provisions

    This Subpart covers the designation of local workforce investment 
areas and the responsibilities and membership requirements of local 
boards.
    1. Role of the Local Workforce Investment Board: Under WIA, the 
Local Board, in partnership with the chief elected official, is 
responsible for setting policy and overseeing workforce investment 
programs for a workforce investment area. Sections 661.300 and 661.305 
reiterate the roles and responsibilities of Local Boards. There was 
some concern expressed that the Local Board activities be carried out 
in an open manner which encourages public comment and participation. 
The Department responds to these concerns by restating the WIA section 
117(e) ``sunshine provision'' in Sec. 661.305(d).
    2. Local Boards as Service Providers: Section 117(f)(1) of WIA 
places limitations on Local Boards' direct provision of core services, 
intensive services, or training services. In response to requests for 
clarification, Sec. 661.310(c) specifies that the prohibition related 
to providing core, intensive and training services by the Local Board 
also applies to the staff of the Local Board. This regulation also 
cites the statutory provision allowing a Local Board to be designated 
or certified as a One-Stop operator only with the agreement of the 
chief elected official and the Governor.
    3. Membership Requirements: Section 661.315 of the regulations 
addresses the membership requirements for the Local Board that are 
contained in section 117(b) of WIA. There were suggestions on several 
issues related to the required membership of the Local Board, 
particularly as to how the terms ``representatives'' and ``including'' 
would be defined.
    Representatives: Some parties expressed the view that the term 
``representatives,'' as used in section 117(b)(2)(A) (ii)-(v) of WIA, 
requires that there be multiple representatives from each of the 
specified entities. While others wanted a more restrictive definition, 
the regulations specify that the Local Board must contain two or more 
members representing the categories described in section 117(b)(2)(A) 
(ii)-(v) of WIA. These categories cover different types of local 
educational entities, labor organizations, community-based 
organizations (including those representing individuals with 
disabilities and veterans), and economic development agencies.
    Including: There also were many questions on the meaning of the 
term ``including'' as it is used in WIA section 117(b). Some expressed 
the view that each of the entities following the word ``including'' in 
section 117(b)(2)(A)(ii), (iv), and (v) of WIA must be a required 
member of the Local Board, while others disagreed with this 
interpretation. The regulations address this issue by requiring that 
special consideration be given to including representatives of 
community colleges in the selection of members representing local 
educational entities; to including representatives of organizations 
representing individuals with disabilities and veterans, in selection 
of members representing community-based organizations; and 
representatives of private sector economic development entities in 
selecting representatives of economic development agencies. The 
regulations do not mandate a membership seat for each such entity.
    Board Size: The Department heard many concerns that the statutory 
membership requirements relating to Local Boards will lead to large, 
unwieldy, and unmanageable Local Boards. The Department recognizes this 
concern, and while the Department is constrained by the statutory 
requirements that each category of membership contain more than one 
representative and that the board contain a business majority, the 
Department has not added additional regulatory requirements on the 
number of members required. The Department believes that problems 
associated with large board size can be addressed in a number of ways, 
such as through the use of committees. The Department will provide 
technical assistance on creative approaches State and Local Boards may 
wish to consider in addressing this issue.
    4. Alternative Entity: The Department believes that changing from 
existing JTPA Private Industry Councils to local workforce investment 
boards is essential to the reforms of WIA. The Department strongly 
encourages all eligible areas to create new, fully functional Local 
Boards as early as possible, and is committed to providing assistance 
to facilitate such changes. However, the Department recognizes that the 
statute provides an option to use an existing entity to carry out the 
functions of the Local Board. Section 661.330 describes the 
requirements relating to the appointment of such an alternative entity. 
Because of questions regarding

[[Page 18668]]

the application of these requirements, paragraph (a) of Sec. 661.330 
makes clear that an alternative entity must meet each of the four 
criteria set forth in WIA section 117(i), including the requirement 
that the alternative entity must have been established by December 31, 
1997. An entity which fails to meet any one of these criteria is not 
eligible to perform the functions of the Local Board.
    While an alternative entity need not contain the identical 
membership structure as that required of Local Boards, section 
117(i)(1)(c)(ii) does require the alternative entity to be 
substantially similar to the Local Boards. In the Department's view it 
is extremely important that each of the groups listed in section 
117(b)(2) have an active role in the workforce investment system if the 
system is to be successful. Therefore, the Rule requires that the 
alternative entity be identified in the State Plan and the local 
workforce investment plan, and that these workforce investment plans 
explain the manner in which the Local Board will ensure the ongoing 
participation of any omitted membership groups in the local workforce 
investment area. While this Rule does not require that such groups be 
seated on the Board, it does require the State and local workforce 
investment plans to describe the means by which such groups will have 
periodic regular meaningful opportunities for input into decisions made 
by the Local Board.
    Paragraph (c) of Sec. 661.330 amplifies the requirement that an 
alternative entity must have been established by and in existence on 
December 31, 1997. Because of this requirement, modifications of the 
alternative entity are not allowed; any change to the membership 
structure will invalidate the entity's eligibility as an alternative 
entity. The membership structure is not considered to be changed when 
an existing member leaves the Local Board and a replacement member is 
appointed. However, it is considered to be changed when a change is 
made to the organizational structure of the Local Board that requires a 
change (whether the change is formally made or not) in the Local 
Board's charter or to a similar document that defines the 
organizational structure of the Local Board, such as appointing members 
of a category not previously represented. In that case, the entity is 
no longer eligible to perform the functions of the Local Board and a 
new entity, meeting all the requirements of section 117 of WIA must be 
created. This prevents piecemeal modification of alternative entities 
that would add certain WIA section 117(b)(2) membership categories, but 
not others.
    5. Youth Council: Section 117(h) of WIA establishes youth councils 
as a subgroup of the Local Boards. Youth councils are an innovative new 
entity intended to broaden participation in the design and delivery of 
youth services at the local level. Section 661.335 describes the 
relationship of the youth council to the Local Board as well as the 
membership requirements and Sec. 661.340 explains the responsibilities 
of the youth council, as described in section 117(h) of WIA.
    6. Local Workforce Investment Plan: Sections 661.345 and 661.350 
describe the requirements for the submission of the local workforce 
investment plan (Local Plan) and the contents of the Local Plan. 
Section 661.350 enumerates the Local Plan components outlined in WIA 
section 118(b). The Local Plan also must include information on the 
process for directing the One-Stop operators to give priority to low-
income individuals and recipients of public assistance in the event 
that adult funds are limited, as required by WIA section 134(d)(4)(E). 
This priority is discussed in more detail under Sec. 663.600.
    Section 118 of WIA indicates that Local Plans cover a five year 
period. Some parties suggested that modifications to the local plan 
will likely be needed within the five year span. The Department 
concurs, and the regulations permit the Governor to require local plan 
modifications and, at Sec. 661.355, offer a few examples of when such 
modifications might be required by the Governor. Section 661.355 states 
that the Governor must establish procedures for Local Plan 
modifications.

Subpart D--Waivers and Workflex

    Subpart D indicates the elements of WIA and the Wagner-Peyser Act 
that may and may not be waived under either the General Waiver 
Authority or the Work Flex provision. The purpose of the general 
statutory and regulatory waiver authority provided by section 189(i)(4) 
and workforce flexibility waiver authority provided at section 192 is 
to give flexibility to States and local areas in the design and 
implementation of consolidated workforce development programs under 
WIA. The regulations specify that the Secretary does not intend to 
waive any of the key elements of the reform principles embodied in the 
Act (listed in the background section of this preamble and in 
Sec. 661.400), except in extremely unusual circumstances. It also 
specifies that the provisions that incorporate the reform principles 
embodied in the Act may not be waived under the Work Flex authority.

Part 662--Description of the One-Stop System Under Title I of the 
Workforce Investment Act

Introduction

    The establishment of a One-Stop delivery system for workforce 
development services is a cornerstone of the reforms contained in title 
I of WIA. This delivery system streamlines access to numerous workforce 
investment and educational and other human resource services, 
activities and programs. The Act's requirements build on reform efforts 
that are already underway in all States through the Department's One-
Stop grant initiative. Rather than requiring individuals and employers 
to seek workforce development information and services at several 
different locations, which is often costly, discouraging and confusing, 
WIA requires States and communities to integrate multiple workforce 
development programs and resources for individuals at the ``street 
level'' through a user friendly One-Stop delivery system. This system 
will simplify and expand access to services for job seekers and 
employers.
    The Act specifies nineteen required One-Stop partners and an 
additional five optional partners to streamline access to a range of 
employment and training services. WIA requires coordination among all 
Department of Labor funded programs as well as other workforce 
investment programs administered by the Departments of Education, 
Health and Human Services, and Housing and Urban Development. WIA also 
encourages participation in the One-Stop delivery system by other 
relevant programs, such as those administered by the Departments of 
Agriculture, Health and Human Services, and Transportation, as well as 
the Corporation for National and Community Service. In addition, local 
areas are authorized to add additional partners as local needs may 
require. All of these Federal Agencies will continue to work together 
to ensure effective communication and collaboration at the Federal 
level in support of One-Stop service delivery.

Subpart A--One-Stop Delivery System

    1. Structure: Subpart A describes the structure of a One-Stop 
delivery system. The regulation, at Sec. 662.100, describes the One-
Stop system as a seamless system of service delivery that is created 
through the collaboration of entities responsible for separate 
workforce development funding streams. The One-Stop system is designed 
to enhance access to services and improve outcomes for individuals 
seeking

[[Page 18669]]

assistance. The regulation specifically defines the system as 
consisting of one or more comprehensive, physical One-Stop centers in a 
local area that provides the core services specified in WIA section 
134(d)(2) and that provide access to the other activities and programs 
provided under WIA and by each One-Stop partner. In locating each 
comprehensive center, Local Boards should coordinate with the broader 
community, including transportation agencies, to ensure that the 
centers are accessible to their customers. In addition to the 
comprehensive centers, the regulation notes that WIA allows for three 
other arrangements to supplement the comprehensive center. These 
supplemental arrangements include: (1) A network of affiliated sites 
that provide one or more of the programs, services and activities of 
the partners; (2) a network of One-Stop partners through which the 
partners provide services linked to an affiliated site and through 
which all individuals are provided information on the availability of 
core services in the local area; and (3) specialized centers that 
address specific needs. In essence, this structure may be described as 
a ``one right door and no wrong door'' approach. One-Stop partners have 
an obligation to ensure that core services that are appropriate for 
their particular populations are made available at one comprehensive 
center. If an individual enters the system through one of the network 
sites rather than the comprehensive One-Stop center, the individual may 
still obtain certain services at the network site and information about 
how and where all the other services provided through the One-Stop 
system may be obtained.

Subpart B--One Stop Partners

    1. Responsibilities: Subpart B identifies the One-Stop partners and 
their responsibilities in the One-Stop delivery system. The required 
partners are entities that carry out the workforce development 
programs. They are specifically identified in section 121(b)(1) of WIA 
and Sec. 662.200. The regulation at Sec. 662.200(a)(1)(i through vii) 
separately specifies the funding streams under title I that are 
included as required partners. The regulations also identify the other 
required programs, with some clarification of the particular sections 
of certain Acts (for example, the Vocational Rehabilitation Act and the 
Carl D. Perkins Act) that authorize the program that must participate. 
Section 662.210 identifies additional partners that may be a part of 
the One-Stop system at local option.
    Entities--The regulation at Sec. 662.220 provides a general 
definition of the ``entity'' that carries out the specified programs 
and serves as the partner. In light of the responsibilities of the 
partners, which are described below and include decisions regarding the 
use and administration of program resources, the regulation defines the 
entity as the grant recipient or other entity or organization 
responsible for administering the program's funds in the local area. 
The term ``entity'' does not include service providers that contract 
with or are subrecipients of the local entity. The regulation notes 
that for programs that do not have local administrative entities, the 
responsible State agency may be the One-Stop partner. In addition, the 
regulation specifies the appropriate entity to serve as partner for the 
Adult Education and Vocational Rehabilitation programs. Entities that 
serve as the partner under the Indian and Native American, Migrant and 
Seasonal Farmworker, Job Corps, and Youth programs are identified in 
the sections of the regulations applicable to those programs.
    Partner Responsibilities--This subpart also describes and 
elaborates on the statutory responsibilities of the partners. The 
regulation at Sec. 662.230 identifies the five provisions of the Act 
that describe these responsibilities. One of the key responsibilities 
of each partner is to make available at the comprehensive center 
through the One-Stop system appropriate core services that are 
applicable to the partner's program. The regulation at Sec. 662.240 
lists the core services that are described in section 134(d)(2) of WIA, 
and defines ``applicable'' to mean the services from that list that are 
authorized and provided under the partner programs. The extent to which 
core services are applicable to a partner program, as well as the 
manner in which services are provided, are determined by the program's 
authorizing statute.
    Availability of Services--The regulation at Sec. 662.250 describes 
where and to what extent the One-Stop partners must make available the 
applicable core services. Since section 134(c) of WIA requires that 
core services be provided, at a minimum, at one comprehensive physical 
center, the regulation requires that the applicable core services 
attributable to the partner's program be made available by each partner 
at that comprehensive center. To avoid duplication of services 
traditionally provided under the Wagner-Peyser Act, this requirement is 
limited to those applicable core services that are in addition to the 
basic labor exchange services traditionally provided in the local area 
under the Wagner-Peyser program. While a partner would not, for 
example, be required to duplicate an assessment provided under the 
Wagner-Peyser Act, the partner would be expected to be responsible for 
any needed assessment that includes additional elements specifically 
tailored to participants under the partner's program. However, the 
adult and dislocated worker program partners are required to make all 
of the core services available at the center.
    Flexibility--The regulations also provide significant flexibility 
regarding how the core services are to be made available at the One-
Stop center by allowing for services to be provided through appropriate 
technology at the center, through co-location of personnel, cross-
training of staff, or through contractual or other arrangements between 
the partner and the service providers at the center.
    2. Proportional Responsibility: The regulation also provides that 
the responsibility for the provision of and financing for applicable 
core services is to be proportionate to the use of services at the 
center by individuals attributable to the partners' programs. The 
regulation further provides that the individuals attributable to a 
partners' program may include individuals referred through the center 
and enrolled in the partner's program after the receipt of core 
services, individuals enrolled prior to the receipt of core services, 
individuals who meet the eligibility criteria for the partner's program 
and who receive an applicable core service, or individuals who meet an 
alternative definition described in the Memorandum of Understanding 
(MOU), described in subpart C. This ``proportionate responsibility'' 
provision is intended to provide an equitable principle for sharing 
responsibility among the partners. The regulation provides that the 
specific method for determining proportionate responsibility (for 
example, surveys) must be described in the MOU.
    Additional Sites--The regulation provides that core services may be 
provided at sites in addition to the comprehensive center under the 
MOU. Therefore, it is not required that partners provide applicable 
core services exclusively at a One-Stop center. If an individual seeks 
core services at the One-Stop center rather than at the partner's site, 
they should be made available to him or her without referral to another 
location, but a partner is not required to route all of its 
participants through the comprehensive One-Stop center.
    Access to Services--The regulation at Sec. 662.260 provides that, 
in addition to the provision of core services, the One-

[[Page 18670]]

Stop partners must use the One-Stop system to provide access to the 
partners' other activities and programs. This access must be described 
in the MOU. This requirement is essential to ensuring a seamless, 
comprehensive workforce development system that identifies the service 
options available to individuals and takes the critical next step of 
facilitating access to these services.
    3. Cost Sharing: The regulation at Sec. 662.270 provides that the 
particular arrangements for funding the services provided through the 
One-Stop system and the operating costs of the One-Stop system must be 
described in the MOU. Each partner must contribute a fair share of the 
operating costs based on the use of the One-Stop delivery system by 
individuals attributable to the partner's program. This is an equitable 
principle and there are a number of methods that may be used for 
allocating costs among partners that are consistent with this principle 
and the OMB circulars. To promote efficiency and optimal performance, 
partner contributions for the administrative costs of the system may be 
re-evaluated annually through the memorandum of understanding process. 
The regulation identifies a number of methodologies, including cost 
pooling, indirect cost allocation, and activity based cost allocation 
plans, that may be used. The Department, in consultation with other 
affected Federal agencies, intends to issue guidance or technical 
assistance relating to cost allocation methods to assist in this area.
    Allocation Process--The regulation at Sec. 662.280 clarifies that 
the requirements of each partner's authorizing legislation continue to 
apply under the One-Stop system. Therefore, while the overall effect of 
linking One-Stop partners in the One-Stop system is to create universal 
access to core services, the resources of each partner may only be used 
to provide services that are authorized and provided under the 
partner's program to individuals who are eligible under the program.
    As noted above, consistent with this principle, there are a variety 
of methods for allocating costs among programs. In sum, this regulation 
is intended to clarify that participation in the One-Stop delivery 
system is a requirement that is in addition to, rather than in lieu of, 
the other requirements applicable to the partner program under each 
authorizing law.

Subpart C--Memorandum of Understanding

    Subpart C describes the operation of the local One-Stop system. 
Section 662.300 addresses the Memorandum of Understanding (MOU) that 
must be executed between the Local Board and the One-Stop partners. 
Section 662.310 states that the local areas may develop a single 
umbrella MOU covering all partners and the Local Board, or separate 
MOU's between partners and the Local Board. In many areas, the umbrella 
approach may be the preferred means to facilitate a comprehensive and 
equitable resolution of the operational issues relating to the One-
Stop. The regulation also emphasizes that it is a legal obligation for 
the partners and the Local Board to engage in good faith negotiation 
and reach agreement on the MOU. The partners and the Local Boards may 
seek the assistance of the appropriate State agencies, the Governor, 
State Board or the appropriate parties in reaching agreement. The State 
agencies, the State Board, and the Governor may also consult with the 
appropriate Federal agencies to address impasse situations after 
exhausting other alternatives. If an impasse has not been resolved, 
parties that fail to execute an MOU may not be permitted to serve on 
the Local Board. In addition, if a Local Board has not executed an MOU 
with all required parties, the local area is not eligible for State 
incentive grants awarded for local coordination.

Subpart D--One-Stop Operator

    This subpart addresses the role and selection of One-Stop 
operators. The operators are responsible for administering the One-Stop 
centers and their role may range from simply coordinating service 
providers in the center to being the primary provider of services at 
the center. The role is determined by the Local Board. In areas where 
there is more than one comprehensive One-Stop center, there may be 
separate operators for each center or one operator for multiple 
centers. The operator may be selected by the Local Board through a 
competitive process, or the Local Board may designate a consortium that 
includes three or more required One-Stop partners as an operator. The 
Local Board itself may serve as a One-Stop operator only with the 
consent of the chief elected official and the Governor. This subpart 
also addresses the ``grandfathering'' of existing One-Stop operators. 
The regulations provide some continuity for areas that have already 
established One-Stop systems while ensuring that fundamental features 
of the new One-Stop system are incorporated. A local area does not have 
to comply with the One-Stop operator selection procedures if the One-
Stop delivery system, of which the operator is a part, existed before 
August 7, 1998 (the date of the WIA's enactment); if the One-Stop 
system includes all of the required One-Stop partners; and if an MOU is 
executed consistent with the requirements of the Act.

Part 663--Adult and Dislocated Worker Activities Under Title I of 
the Workforce Investment Act

Introduction

    This part of the regulations describes requirements relating to the 
services that are available for adults and dislocated workers. Along 
with Wagner-Peyser labor exchange services, the required adult and 
dislocated worker services, described as core, intensive, and training 
services, form the backbone of the One-Stop delivery system. The WIA 
goal of universal access to core services is achieved through close 
integration of services provided by the Wagner-Peyser, WIA adult and 
dislocated worker partners and other partners in the One-Stop center 
and system. Intensive and training services are available to 
individuals who meet the eligibility requirements for the funding 
streams and who are determined to need these services to achieve 
employment, or in the case of employed individuals, to obtain or retain 
self-sufficient employment. Supportive services, to enable individuals 
to participate in these other activities, including needs-related 
payments for individuals in training, may also be provided.
    These regulations also introduce the Individual Training Account 
(ITA), which is a key reform element of the Workforce Investment Act. 
Individuals are expected to take a proactive role in choosing the 
training services which meet their needs. They will be provided with 
quality information on providers of training and, armed with effective 
case management and an ITA as the payment mechanism, they will have the 
opportunity to choose the training provider that best meets their 
needs.

Subpart A--One-Stop System

    1. Role of the Adult and Dislocated Worker Program in the One-Stop 
System: The regulation at Sec. 663.100 provides that the One-Stop 
system is the basic delivery system for services to adults and 
dislocated workers. The concept of a single system that provides 
universal access to certain services to all individuals age 18 or older 
is a key tenet of the Workforce Investment Act. The regulation reflects 
the emphasis in WIA to consolidate and coordinate services. The grant 
recipient(s) for the adult and dislocated worker program is a required 
partner and is subject to Sec. 662.210

[[Page 18671]]

regarding required partner responsibilities. Access to services through 
the One-Stop system ensures that individual needs are identified and, 
to the extent possible, met. The consolidation of and access to 
services will result in improved services for both adults and 
dislocated workers.
    2. Registration and Eligibility: Sections 663.105 through 663.120 
address registration and basic eligibility requirements. In response to 
concerns regarding the timing of eligibility determination for services 
in a One-Stop system, the Department has provided general guidance in 
the regulation at Sec. 663.105 on when adults and dislocated workers 
must be registered. Sections 663.110 and 663.120 contain the basic 
eligibility criteria for adults and dislocated workers, respectively.
    Individuals who are primarily seeking information and do not seek 
direct, one-on-one staff assistance, do not need to be registered. 
However, when an individual seeks more than minimal assistance from 
staff in taking the next steps toward self-sufficient employment, then 
eligibility must be determined. Registration is the point at which 
information that is used in performance measurement begins to be 
collected. In addition, equal employment opportunity data must be 
collected on individuals when any assessment or discretionary decision 
regarding a specific individual is made. Such assessments or decisions 
include: Decisions regarding service or program eligibility, either 
positive or negative; and decisions made on the part of any workforce 
investment system employee which lead to a targeting of services for 
the individual. The Department will issue further guidance regarding 
this data collection. Additional information needed to determine 
eligibility for other assistance available at the One-Stop site may 
also be determined at the same time. Program operators should determine 
the information that they need for cost allocation purposes and when 
they can most efficiently collect it. Electronic records systems allow 
information to be collected incrementally as higher levels of 
assistance are provided.
    3. Displaced Homemaker Eligibility: In response to inquiries 
regarding assistance to displaced homemakers, the regulation at 
Sec. 663.120 clarifies that a displaced homemaker who has been 
dependent on the income of another family member but is no longer 
supported by that income, is unemployed or underemployed and is 
experiencing difficulty in obtaining or upgrading employment, may 
receive assistance with funds available to Local Boards for services to 
dislocated workers.
    4. Title I Funds: Section 663.145 clarifies how title I adult and 
dislocated worker funds are used to contribute to the provision of core 
services, and to provide intensive and training services through the 
One-Stop delivery system. All three types of services must be provided, 
but the Local Boards determine the mix of the three services.
    5. Sequence of Services: WIA provides for three levels of services: 
Core, intensive, and training, with service at one level being a 
prerequisite to moving to the next level. There was a great deal of 
concern expressed about how this tiered approach would be implemented. 
Many were particularly concerned that the Department might require a 
``failed'' job search or a minimum time period in one level of service 
before moving on to the next level. The regulations establish the 
concept of a tiered approach but allow significant flexibility at the 
local level. The Department, in response to the comments received, did 
not establish a minimum number of ``failed'' job applications or a 
minimum time period but, instead, allows localities to establish 
gateway activities that lead from participation in core to intensive 
and training services. Any core service, such as an initial assessment 
or job search and placement assistance, could be the gateway activity. 
In intensive services, the gateway activity could be the development of 
an individual employment plan, individual counseling and career 
planning or another intensive service. Key to these gateway activities 
is the determination, made at the local level, that intensive or 
training services are required for the participant to achieve the goal 
of obtaining or retaining self-sufficient employment. The three levels 
of services are discussed separately in the regulations.
    6. Core Services: The regulations at Secs. 663.150 to 663.165 
discuss the core services. All of the core services that are listed in 
the Act must be made available in each local area through the One-Stop 
system. Followup services must be available for a minimum of 12 months 
after employment begins, to registered participants who are placed in 
unsubsidized employment. Among the core services available is 
information on targeted assistance available through the One-Stop 
system for specific groups of workers, such as Migrant and Seasonal 
Farm Workers, and veterans.
    Core services also include assistance in establishing eligibility 
for the Welfare-to-Work program and programs of financial aid for 
training and education programs. The specific form of this assistance 
is determined at the local level based on the participant's needs and 
in coordination with the other partner programs. This assistance may 
include: referrals to specific agencies; information relating to, or 
provision of, required applications or other forms; or specific on-site 
assistance.
    Another core service is the provision of information relating to 
the availability of supportive services, including child care and 
transportation, available in the local area, and referral to such 
services as appropriate. The Department encourages Local Boards to 
establish strong linkages with a variety of supportive service 
programs, including Food Stamps, Medicaid programs, and CHIP. Such 
programs provide key supports for low-income working families and 
families making the transition from welfare to self-sufficiency.
    The Department also encourages Local Boards to establish strong 
linkages to child support agencies and organizations serving fathers. 
WIA services can help raise the employment and earnings of non-
custodial fathers and fathers living with their children so that they 
can better support their children. Child support payments help low 
income single parents stabilize and raise their income. At the same 
time, it is important for One-Stop programs to be aware of the child 
support requirements on non-custodial parents who may receive services.

Subpart B--Intensive Services

    1. Intensive Services for Adults and Dislocated Workers: The 
regulation at Sec. 663.200 discusses intensive services. The regulation 
provides that intensive services beyond those listed in the Act may 
also be provided. Out-of-area job search expenses, relocation expenses, 
internships, and work experience are specifically mentioned to clarify 
that they are among the additional intensive services that may be 
provided. Intensive services are intended to identify obstacles to 
employment through a comprehensive assessment or individual employment 
plan in order to determine specific services needed, such as counseling 
and career planning, referrals to community services, and, if 
appropriate, referrals to training.
    2. Participation in Intensive Services: Section 663.220 explains 
that intensive services are provided to unemployed adults and 
dislocated workers who are unable to obtain employment through core 
services and require these services to obtain or retain employment, and 
employed workers who need services to obtain or retain employment that 
leads

[[Page 18672]]

to self-sufficiency. The regulations at Secs. 663.240 through 663.250 
specify that an individual must receive at least one intensive service, 
such as the development of an individual employment plan with a case 
manager or individual counseling and career planning, before the 
individual may receive training services and that there is no Federally 
required minimum time for participation in intensive services. Each 
person in intensive services should have a case management file, either 
hard copy, electronic or both. Section 663.240 explains that the case 
file must contain a determination of need for training services, as 
identified through the intensive service received.
    3. Self-sufficiency: This regulation, at Sec. 663.230, discusses 
how ``self-sufficiency'' should be determined. WIA requires a 
determination that employed adults and dislocated workers need 
intensive or training services to obtain or retain employment that 
allows for self-sufficiency as a condition for providing those 
services. Recognizing that there are different local conditions that 
should be considered in this determination, the regulation provides 
maximum flexibility, requiring only that self-sufficiency mean 
employment that pays at least the lower living standard income level. 
State Boards or Local Boards must set the criteria for determining 
whether employment leads to self-sufficiency. Such factors as family 
size and local economic conditions may be included in the criteria. It 
may often occur that dislocated workers require a wage higher than the 
lower living standard income level to maintain self-sufficiency. 
Therefore, the Rule allows self-sufficiency for a dislocated worker to 
be defined in relation to a percentage of the lay-off wage.

Subpart C--Training Services

    1. Training Services: Training services are discussed at 
Secs. 663.300 and 663.320. Training services are designed to equip 
individuals to enter the workforce and retain employment. Under JTPA, a 
dislocated worker participating in training under title III of JTPA is 
deemed to be in training with the approval of the State Unemployment 
Compensation Agency. With such approval, unemployment compensation 
cannot be denied to the individual solely on the basis that the 
individual is not available for work because he or she is in training. 
Although there is no comparable provision in WIA, this JTPA provision 
will remain in effect during the transition period under the 
Secretary's authority to guide that transition from JTPA to WIA. The 
Department will seek an amendment adding similar language to WIA which 
would deem all adults participating in training under title I of WIA to 
be in approved training for the purposes of unemployment compensation 
qualification.
    2. Determining the Need for Training: The regulations at 
Sec. 663.310 provide that the One-Stop operator or partner determines 
the need for training based on an individual (1) meeting the 
eligibility requirements for intensive services; (2) being unable to 
obtain or retain employment through such services; and (3) being 
determined after an interview, evaluation or assessment to be in need 
of training. Section 663.310 requires that, to receive training, an 
individual must select a program of services directly linked to 
occupations in demand in the area, based on information provided by the 
One-Stop operator or partner. If individuals are willing to relocate, 
they may receive training in occupations in demand in another area.
    3. Requirements When Other Grant Assistance is Available to 
Participants. Section 663.320 implements the requirements of WIA 
section 134(d)(4)(B), which limits the use of WIA funds for training 
services to instances when there is no or inadequate grant assistance 
from other sources available to pay for those costs. The statute 
specifically requires that funds not be used to pay for the costs of 
training when Pell Grant funds or grant assistance from other sources 
are available to pay the costs. This section is intended to give effect 
to this WIA requirement and still give effect to title IV of the Higher 
Education Act (HEA) as amended (20 U.S.C. 1087uu), which prohibits 
taking into account either a Pell Grant or other Federal student 
financial assistance when determining an individual's eligibility for, 
or the amount of, any other Federal funding assistance program.
    Section 134(d)(4)(B) of WIA requires the coordination of training 
costs with funds available under other Federal programs. To avoid 
duplicate payment of costs when an individual is eligible for both WIA 
and other assistance, including a Pell Grant, Sec. 663.320(b) requires 
that program operators and training providers coordinate by entering 
into arrangements with the entities administering the alternate sources 
of funds, including eligible providers administering Pell Grants. These 
entities should consider all available sources of funds, excluding 
loans, in determining an individual's overall need for WIA funds. The 
exact mix of funds should be determined based on the availability of 
funding for either training costs or supportive services, with the goal 
of ensuring that the costs of the training program the participant 
selects are fully paid and that necessary supportive services are 
available so that the training can be completed successfully. This 
determination should focus on the needs of the participant; simply 
reducing the amount of WIA funds by the amount of Pell Grant funds is 
not permitted. Participation in a training program funded under WIA may 
not be conditioned on applying for or using a loan to help finance 
training costs.
    With such coordination and arrangements, the WIA counselor is 
likely to know the amount of WIA funds available to the WIA participant 
when calculating the amount of financial assistance needed for the 
participant to complete the training program successfully. The WIA 
counselor needs to work with the WIA participant to calculate the total 
funding resources available as well as to assess the full ``education 
and education related costs'' (training and supportive services costs) 
incurred if the participant is to complete the chosen program. This 
also ensures both that duplicate payments of training costs are not 
made and that the amount of WIA funded training is not reduced by the 
amount of Federal student financial assistance in violation of 20 
U.S.C. 1087uu.
    It is important to note that the Pell Grant is not school-based; 
rather, it is a portable grant for which preliminary eligibility can, 
and should, be determined before the participant enrolls in a 
particular school or training program. The application for determining 
eligibility and ultimately the amount of the grant, should be readily 
available at all One-Stop centers for assistance in the completion of 
these ``gateway'' financial aid applications.
    Section 663.320(c) implements the requirements of WIA section 
134(d)(4)(B)(ii). This section permits a WIA participant to enroll in a 
training program with WIA funds while an application for Pell Grant 
funds is pending, but requires that the local workforce investment area 
be reimbursed for the amount of the Pell Grant used for training if the 
application is approved. Since Pell Grants are intended to provide for 
both tuition and other education-related costs, the Rule also clarifies 
that only the portion provided for tuition is subject to reimbursement.
    In the limited cases where contracts are used rather than ITA's, 
the contracts negotiated by the One-Stop center must prohibit training 
institutions or

[[Page 18673]]

organizations from holding the student liable for outstanding charges. 
Otherwise, the performance agreements would be undercut because the 
incentive for the institution or organization to perform would be 
removed. Also, the practice of withholding Pell Grants from students is 
prohibited by the U.S. Department of Education.

Subpart D--Individual Training Accounts

    1. Definition of an Individual Training Account: Information 
regarding Individual Training Accounts (ITA) is contained in 
Secs. 663.400 through 663.430. A key reform tenet of the Workforce 
Investment Act is that adults and dislocated workers who have been 
determined to need training, may access training with an Individual 
Training Account. The regulation at Sec. 663.410 provides a definition 
for an ITA that seeks to provide maximum flexibility to State and local 
program operators in managing ITA's. These regulations do not establish 
the procedures for making payments, restrictions on the duration or 
amounts of the ITA, or policies regarding exceptions to the limits, but 
provide that authority to the State or Local Boards. However, this 
authority to restrict the duration of ITA's or restrict funding amounts 
should not be used to establish limits that arbitrarily exclude 
eligible providers.
    2. Exceptions to ITA's: The Act at section 134(d)(4)(G)(ii) and 
Sec. 663.430 of the regulations provide that, under certain limited 
circumstances, contracts for training rather than ITA's may be used. 
Specifically, on-the-job training contracts with employers and 
customized training contracts are authorized. Contracts may also be 
used when there is an insufficient number of eligible providers in a 
local area. This exception applies primarily to rural areas. The 
exceptions to ITA's are to be used infrequently. The Act reforms the 
local service delivery system by eliminating the current practice of 
assigning participants to contracted training services and instead 
establishing a system that maximizes customer choice in the selection 
of training providers. When the Local Board determines there are an 
insufficient number of eligible providers in the local area to 
accomplish the purposes of a system of ITA's, and intends to use 
contracts for services, there must be at least a 30 day public comment 
period for interested providers.
    Contracts for Special Populations--Contracts for training are also 
authorized when the Local Board determines that there are special 
populations that face multiple barriers to employment, as identified in 
Sec. 663.430(b), and that there is a training services program of 
demonstrated effectiveness offered by an eligible provider. Section 
663.430(a)(3) explains that an eligible provider in this case is a 
community based organization (CBO) or other private organization. The 
Department has received many suggestions about this exception and the 
extent to which it may be used. This exception is intended to meet 
special needs and should be used infrequently. Those training providers 
operating under the ITA exceptions still must qualify as eligible 
providers, as required at Sec. 663.505. The Department believes that 
effective eligible training providers, including CBO's and other 
training providers, can and will compete for individual training 
accounts and, that providers should view the use of ITA's as an 
opportunity to expand their customer base.
    Criteria for ``Demonstrated Effectiveness''--The regulation at 
Sec. 663.430(a)(3) provides that when the exception for special 
populations is used, the Local Board must apply criteria it develops to 
determine ``demonstrated effectiveness,'' particularly as it applies to 
the special participant population it proposes to serve. This 
determination is in addition to meeting the requirements for qualifying 
as an eligible training provider. The provisions in the regulation are 
illustrative and Local Boards should develop specific criteria 
applicable to their local areas.

Subpart E--Eligible Training Providers

    1. Subpart E describes the methods by which organizations qualify 
as eligible providers of training services under WIA. It also describes 
the roles and responsibilities of Local Boards and the State in 
managing this process. Although no single entity has full 
responsibility for the entire process, the State must play a leadership 
role in ensuring the success of the eligible provider system. The 
Governor establishes minimum performance levels for initial 
determination of non-Higher Education Act/registered apprenticeship 
providers and for all subsequent eligibility determinations. The Local 
Board may establish additional local performance levels for subsequent 
eligibility determinations. The eligible provider process requires a 
collaborative effort among the State, Local Boards, and other partners. 
The regulations attempt to amplify and clarify the intent of the Act, 
by linking statutory language on eligible providers in WIA section 122 
with section 134 provisions covering Individual Training Accounts. In 
Sec. 663.505, the regulations clarify that all training providers, 
including those operating under the ITA exceptions, must qualify as 
eligible providers, except for those engaged in on-the-job and 
customized training (for which the Governor should establish qualifying 
procedures as discussed in Sec. 663.595). Finally, in order to ensure 
the strong relationship between the eligible provider process and 
program performance, the regulation at Sec. 663.530 establishes a 
maximum eighteen month period for an organization's initial 
determination as an eligible provider.
    The Department heard concern that some traditional providers of 
training under previous workforce programs, such as community-based 
organizations, would face difficulties in participating in this system. 
The regulations clarify that such organizations have the opportunity to 
deliver training funded under WIA, provided they deliver services that 
customers value and meet training performance requirements. It is 
important that States provide access to these organizations in order to 
maximize customer choice. States should provide access to a broad and 
diverse set of providers, including CBO's, while maintaining the 
quality and integrity of training services.

Subpart F--Priority and Special Populations

    1. Priority Under Limited Adult Funding: This subpart contains 
requirements related to the statutorily-required priority for the use 
of adult funds when funds are limited. WIA section 134(d)(4)(E) states 
that in the event that funds allocated to a local area for adult 
employment and training activities are limited, priority shall be given 
to recipients of public assistance and other low-income individuals for 
intensive services and training services. The appropriate Local Board 
and the Governor must direct the One-Stop operators in the local area 
with regard to making determinations related to such priority. The 
Department assumes that adult funding is generally limited because 
there are not enough adult funds available to provide services to all 
of the adults who could benefit from such services. However, the 
Department also recognizes that conditions are different from one area 
to another and funds might not be limited in all areas. Because of 
this, the regulation requires that all Local Boards must consider the 
availability of funds in their area. In making this determination, the 
availability of other Federal funding, such as TANF and Welfare-to-Work

[[Page 18674]]

funds, should be taken into consideration. Unless the Local Board 
determines that funds are not limited in the local area, the priority 
requirement will be in effect. States and Local Boards must work 
together to establish the criteria that must be used in making this 
determination. States and Local Boards also may administer their 
priority for adult recipients of public assistance and other low income 
adults so as not to preclude providing intensive and training services 
to other individuals.
    A substantial number of parties expressed views on the priority 
issue. Many believed that the Department should not write any 
regulations that would, in effect, establish a nationwide priority. 
Some believed that the Department should not write any regulations at 
all on this section of the statute. However, the Department believes 
that the interpretation of this requirement is of such importance that 
there must be regulations. This section reiterates the statutory 
language that provides States and Local Boards with the authority to 
determine the criteria to be applied when making the determination that 
there are sufficient funds available so that the priority is not in 
effect. Section 663.610 clarifies that the statutory priority only 
applies to adult funds for intensive and training services, and not to 
dislocated worker funds.
    2. Welfare-to-Work and Temporary Assistance to Needy Families as 
Part of One-Stop: At Sec. 663.620, the regulation discusses the 
relationship of the Welfare-to-Work program and the Temporary 
Assistance to Needy Families (TANF) program to the One-Stop delivery 
system. Welfare-to-Work is a required partner to which the One-Stop 
partner regulations apply. The TANF agency is specifically suggested as 
an additional partner. Both programs can benefit from close cooperation 
with the One-Stop delivery system because their respective participants 
will have access to a much broader range of services to promote 
employment retention and self-sufficiency.

Subpart G--On-the-Job Training and Customized Training

    1. Sections 663.700 through 663.720 are the regulatory provisions 
for conducting on-the-job (OJT) and customized training activities. 
They include specific information regarding general, contract, and 
employer payment requirements. The Department received input advocating 
OJT regulations which do not restrict the duration of OJT and which 
permit eligible employed workers to also receive this training. Unlike 
JTPA, OJT is not limited to six months. However, as specified in WIA 
section 101(31)(C), it is limited in duration as appropriate for the 
occupation being trained for. Section 663.705 establishes requirements 
that permit OJT contracts for employed workers.
    Some parties called for minimal regulations in this area; however, 
there were a few who suggested the need for information regarding 
documentation requirements to avoid audit exceptions. Section 663.710 
provides that employers are not required to document the extraordinary 
costs associated with providing OJT, and no further documentation 
requirements are established. Instead, program operators should put 
emphasis on the development and/or selection of OJT assignments that 
meet the identified needs of the participants.

Subpart H--Supportive Services

    1. Flexibility in the Provision of Supportive Services: The 
regulations in subpart H define the scope and purpose of supportive 
services and the requirements governing their disbursement. A 
fundamental principle of WIA is to provide local areas with the 
authority to make policy and administrative decisions as well as the 
flexibility to tailor the workforce investment system to meet the needs 
of the local community. To ensure this flexibility, the regulations 
afford local areas the discretion to provide supportive services as 
they deem appropriate with limitations only in the areas defined in the 
Act. Local Boards are required to develop policies and procedures 
addressing coordination with other entities to ensure non-duplication 
of resources and services, as well as any limits on the amount and 
duration of such services. Attention should be given to developing 
policies and procedures that ensure that the supportive services 
provided are not available through other agencies and that they are 
necessary for the individual to participate in title I activities.
    2. Needs-Related Payments: There were a number of issues regarding 
the eligibility requirements for dislocated workers to receive needs-
related payments that came to our attention, including the concern that 
training enrollment requirements restrict the numbers of individuals 
eligible to receive this income support which they need to participate 
in training. Studies show that early entry into training for dislocated 
workers who require it is a key factor in reducing the period of 
unemployment during the adjustment process. Early intervention 
strategies and policies are best implemented through quality rapid 
response assistance which includes comprehensive core services, and the 
provision of other reemployment assistance, including intensive and 
training services, as soon as the need can be identified, preferably 
before layoff. The statute authorizes all levels of assistance under 
title I of WIA to many workers six months (180 days) before layoff, or 
at least as soon as a layoff notice is received. Providing these 
workers with access to quality information regarding all adjustment 
assistance available in the community, including any deadlines that 
must be met, is critical for workers to make intelligent reemployment 
choices. Thus, many of the concerns raised can be resolved through the 
use of early intervention strategies. The Department has decided to 
issue only limited regulations on needs-related payments eligibility at 
Sec. 663.815 through Sec. 663.840.

Part 664--Youth Activities Under Title I

Introduction

    The youth regulations attempt to reflect the intent of the 
legislation by moving away from one-time, short-term interventions and 
moving to a systematic approach that offers youth a broad range of 
coordinated services. Such offerings include opportunities for 
assistance in both academic and occupational learning; developing 
leadership skills; and preparing for further education, additional 
training, and eventual employment. Rather than supporting separate, 
categorical programs, the youth regulations are written to facilitate 
the provision of a menu of varied services that may be provided in 
combination or alone at different times during a youth's development.
    Legislation creating the youth council, the local entity 
responsible for recommending and coordinating youth policies and 
programs, intends that the youth council be a catalyst for such broad 
change. The regulations support that legislative intent.
    Flexibility for local program operators in conducting youth 
programs is key to the legislation and these regulations. The 
Department encourages local decision making in terms of policy, youth 
program design within the statutory framework, and determining 
appropriate program offerings for each individual youth. It is the 
Department's expectation that these offerings will provide needed 
guidance for youth that is balanced with appropriate

[[Page 18675]]

consideration of each youth's involvement in his or her training and 
educational plan. Further, the regulations support strong connections 
between youth program activities and the One-Stop service delivery 
system, so that youth learn early in their development how to access 
the services of the One-Stop system and continue to use those services 
throughout their working lives.

Subpart A--Youth Councils

    1. This subpart explains the purpose of youth councils. The youth 
council is a new feature of the workforce investment system that helps 
develop youth employment and training policy, brings a youth 
development perspective to the establishment of such policy, 
establishes linkages with other local youth services organizations, and 
takes into account a range of issues that can have an impact on the 
success of youth in the labor market. Working with the youth council, 
the Local Board has responsibility for oversight of youth programs. It 
may be advantageous for Local Boards to delegate responsibility for 
oversight of youth programs to youth councils which have expertise in 
youth issues, as is permitted by Sec. 664.110.

Subpart B--Eligibility for Youth Services

    1. Definition of Sixth Eligibility Barrier: Under section 
101(13)(C)(vi) of the Act, a low income youth is eligible for services 
if he or she ``requires additional assistance to complete an 
educational program, or to secure and hold employment.'' The regulation 
at Sec. 664.210 envisions that Local Boards will define this term, 
however, if State policy is set regarding this provision, the policy 
must be described in the State Plan.
    2. Registering Youth Participants: Section 664.215 provides that 
all youth participants be registered by collecting information for 
supporting eligibility determinations, as well as EEO data. The EEO 
data must be collected on individuals when any assessment or 
discretionary decision regarding an individual is made. Such 
assessments include decisions regarding service or program eligibility, 
either positive or negative, and decisions made on the part of any 
workforce investment system employee which lead to a targeting of 
services for the individual. The Department will issue further guidance 
regarding this data collection requirement.
    3. Non-Income Eligible Youth: Section 129(c)(5) of the Act provides 
that up to five percent of youth participants served in a local area 
may be individuals who do not meet income criteria for eligible youth, 
provided that they meet one or more of the criteria specified in 
section 129(c)(5) of the Act and the regulations at Sec. 664.220. Local 
Boards may define the term ``serious barriers to employment'' and 
describe it in the Local Plan.
    4. Eligibility under the National School Lunch Program: Eligibility 
for free school lunches is not a substitute for income eligibility 
under the Act. The Department received suggestions that program 
operators be allowed to use eligibility for free lunch as a substitute 
for determining eligibility under the Act, and encouraging the 
Department to seek a technical amendment that would include such a 
provision in the legislation. The Department recognizes the importance 
of this issue, yet lacks statutory authority to change the Act's income 
eligibility requirements.
    5. Eligibility of Youth with Disabilities: Section 664.250 provides 
that a disabled individual whose family income exceeds maximum income 
levels under the Act may qualify for services if the individual's own 
income meets the income criteria established in WIA section 101(25)(F), 
or the eligibility criteria for cash payments under any Federal, State 
or Local public assistance program. (WIA section 101(25)(B).)

Subpart C--Out of School Youth

    1. Defining Out-of-School Youth: Sections 664.300, 664.310, and 
664.320 address issues related to out-of-school youth. Section 101(33) 
of the Act defines ``out-of-school youth'' as: eligible youth who are 
school dropouts or who have received a secondary school diploma or its 
equivalent, but are basic skills deficient, unemployed, or 
underemployed. Youth enrolled in alternative schools are not school 
dropouts. The Department received a number of requests that it seek a 
technical amendment that would allow youth attending alternative 
schools to be included in the definition of ``dropout,'' noting that 
this would permit Local Boards to provide services to more youth in 
alternative educational environments and to design programs that take 
advantage of local resources and best meet the needs of local youth. 
While recognizing the importance of local flexibility and of serving 
youth in alternative school settings, the Department lacks statutory 
authority to change definitions established under the Act. Section 
664.310 of the regulations clarifies this issue.
    2. Funds for Summer Activities for Out-of-School Youth: The 
Department received a number of inquiries asking if summer activities 
are exempt from the requirement that 30 percent of youth funds be spent 
on services for out-of-school youth. Transition guidance will address 
how the 30% requirement applies to the Program Year 1999 JTPA summer 
funds. Section 664.320 clarifies that there is no exemption from this 
requirement for summer activities. There is no separate summer program 
under the Act. A single allocation of youth funds is available to local 
areas for year-round and summer activities. Thirty percent of the total 
youth allocation must be spent on services for out-of-school youth. 
This 30 percent, like the remaining 70 percent, may or may not be 
proportional between summer and year-round activities, as determined by 
the Local Board in consultation with the chief elected official.

Subpart D--Youth Program Design, Elements, and Parameters

    1. Program Design: Features of the youth program design are 
outlined in section 129(c) of the Act. While there are three program 
design categories and ten program elements are required, there is 
individual program design flexibility and flexibility in determining 
the definition, scope, and characteristics of the elements.
    Program Design Categories--Under section 129(c)(1), three 
categories provide the framework for youth program design. They are: 
(1) An objective assessment of each participant; (2) individual service 
strategies; and (3) services that prepare youth for postsecondary 
educational opportunities, link academic and occupational learning, 
prepare youth for employment, and provide connections to intermediary 
organizations linked to the job market and employers.
    Linkages to Entities--Youth councils and programs are required to 
establish linkages to entities that will foster the participation of 
eligible youth. Suggested linkages are included in Sec. 664.400(c).
    Information and Referrals--Section 129(c)(3) of the Act requires 
that Local Boards ensure that eligible youth receive information and 
referrals, including information on the full array of appropriate 
services available to them and referrals to appropriate training and 
educational programs. Youth program providers must ensure that eligible 
applicants who do not meet the enrollment requirements of their program 
or who cannot be served by their program are referred for additional 
assessment and program placement. This language was included in 
Sec. 664.400(d) of the regulations to emphasize the importance of 
referrals as

[[Page 18676]]

a part of overall youth program design. To further promote the concept 
of seamless One-Stop service delivery, One-Stop operators are 
encouraged to send those youth assessments that are completed at the 
One-Stop center to other training and educational programs to which the 
youth is referred.
    2. Program elements: Section 129(c)(2) of the Act lists 10 program 
elements that must be generally available to youth through local 
programs. The Department received requests for clarification that not 
all of the 10 youth program elements must be provided to every youth 
participant, and this interpretation is included in Sec. 664.410(b). 
Local program operators must determine what program elements will be 
provided to each youth participant based on the participant's objective 
assessment and service strategy; however, it is envisioned that each 
youth will participate in more than one of the ten program elements 
required as part of any local youth program, and all youth must receive 
follow-up services. For example, even if it is determined appropriate 
that a youth participate in only summer employment activities, he or 
she would still receive at least 12 months of followup services. 
Followup service requirements are fully described in Sec. 664.450. 
Sections 664.420 through 664.470 further define and discuss five 
program elements: leadership development, positive social behaviors, 
supportive services, followup services, and work experiences.
    Leadership Development--The Act states that youth programs must 
provide leadership development opportunities, and gives the following 
examples of such activities: community service and peer-centered 
activities encouraging responsibility and other positive social 
behaviors during non-school hours. Some additional examples of 
leadership development activities are outlined in Sec. 664.420 which 
elaborates on the definition of leadership development opportunities. 
The development of leadership abilities might address team work, 
decision making, personal responsibility, and citizenship training, as 
well positive social behavior training in areas such as positive 
attitudinal development, self esteem building, issues of cultural 
diversity, and other skills and attributes that would help youth to 
lead effectively, responsibly, and by example.
    Supportive Services--The Act states that youth programs must 
provide supportive services. Section 101(46) of the Act defines 
supportive services to include services such as transportation, child 
care, dependent care, housing, and needs-related payments, that are 
necessary to participate in activities authorized under the Act. 
Section 664.440 elaborates on the definition of supportive services as 
it applies to youth. Such services may include: linkages to community 
services; referrals to medical services; and assistance with work 
attire and work-related tool costs, including such items as eye glasses 
and protective eye gear.
    Followup Services--The Act states that followup services will be 
provided for not less than 12 months after the completion of 
participation, as appropriate. Section 664.450(b) clarifies that all 
youth participants must receive some form of followup services. Such 
services must be for a minimum of 12 months. Followup services for 
youth who participate in only summer employment activities may, 
however, be less intensive than for those youth who participate in 
other types of activities. Program operators are encouraged to consider 
the intensity of the services provided and the needs of the individual 
youth in determining the appropriate level of followup services. This 
section also provides that followup may include leadership development 
or supportive service activities, as well as other allowable 
activities, and provides additional examples of permissible followup 
services.
    Evaluation studies such as Abt Associates' Final Report on the 
National JTPA Study, have shown disappointing results for short-term 
job training programs for youth. Meanwhile, programs such as STRIVE and 
the Children's Village have shown much success with longer-term 
followup strategies. A 1993 study by MDRC showed that the Center for 
Employment Training, which features close ties to the private sector 
and a strong job placement component with followup with employers, 
increased the earnings of enrollees by $3,000 a year over a control 
group during the last two years of a four-year evaluation.
    Work Experiences--Sections 664.460 and 664.470 address work 
experiences for youth. Work experiences are planned, structured 
learning experiences that take place in a workplace for a limited 
period of time. No specific time period is specified. As provided in 
section 129(c)(2)(D) of the Act, work experiences may be paid or 
unpaid, as appropriate. Section 664.460 states that work experiences 
may be in the private for-profit sector, the nonprofit sector, or the 
public sector, and gives examples of the types of activities that work 
experiences may include, such as On-the-Job Training (OJT). While OJT 
is likely not an appropriate activity for most youth under age 18, it 
may be used as a service strategy for such youth based on the needs 
identified in an objective assessment of an individual youth 
participant. Section 664.470 provides that youth funds may be used to 
pay the wages of youth in work experience. Youth funds may be used to 
pay the wages of youth in work experiences, including in the private, 
for-profit sector, under conditions designed to protect youth and 
incumbent workers when the purpose of the work experiences is to 
provide youth with opportunities for career exploration and skill 
development and not to benefit the employer. If an unpaid work 
experience creates an employer/employee relationship, federal wage 
standards may apply. This relationship is determined under the Fair 
Labor Standards Act.

Subpart E--Concurrent Enrollment

    1. Concurrent Enrollment in Youth and Adult Programs: Under the 
Act, an eligible youth is an individual 14 through 21 years of age. 
Adults are defined in the Act as individuals age 18 and older. The 
Department received suggestions that local program operators be allowed 
to decide whether youth or adult services are appropriate for 
individuals aged 18 through 21 based on individual participant 
assessments and service strategies. The Department encourages local 
flexibility in serving both youth and adult participants, and thus 
included this clarification in the regulations. Section 664.500(b) 
clarifies that eligible youth who are 18 through 21 years old may 
participate in youth and adult programs concurrently, as appropriate 
for the individual. Such individuals must meet the eligibility 
requirements under the applicable youth or adult criteria for the 
services received. Local program operators must identify and track the 
funding streams for services provided to individuals who participate in 
youth and adult programs concurrently, ensuring non-duplication of 
services.
    2. Individual Training Accounts for Youth: Section 664.510 states 
that ITA's are not an authorized use of youth funds. The ITA is the 
currency of a market-based system that enables adults to select the 
service providers most suited to their needs based on information about 
the past performance of such providers. Under the Act, ITA's are not 
authorized for youth below age 18. Providers of youth services are 
competitively selected based on predetermined criteria, the judgment of 
Local Boards, and recommendations of youth councils about the 
providers' ability to meet the needs of youth

[[Page 18677]]

participants. Youth aged 18 through 21 can access ITA's under the adult 
or dislocated worker program, if appropriate.

Subpart F--Summer Employment Opportunities

    1. Summer Employment Activities: This subpart provides 
clarification about summer youth employment. Although all Local Boards 
must offer summer employment opportunities for eligible youth as one of 
the ten required program elements listed in WIA section 129(c)(2) and 
Sec. 664.410, the proportion of youth funds used for summer employment 
is determined by the Local Board in consultation with the chief elected 
official. Section 664.600 elaborates on the activities that must be 
included in all summer employment opportunities, including direct 
linkages to academic and occupational learning, as well as followup 
services for at least 12 months. Numerous inquiries were received about 
whether the Act would allow cities and counties to continue to operate 
their summer activities. Section 664.610 provides that this practice is 
still allowed, and clarifies that if summer employment opportunities 
are provided by entities other than the grant recipient/fiscal agent, 
the providers must be selected by awarding a grant or contract on a 
competitive basis based on recommendations of the youth council and on 
criteria contained in the State plan.
    2. Application of Performance Indicators: In terms of performance 
measurement, the Department received requests for clarification on 
whether all of the core indicators listed in the Act apply to the 
summer program element as well as to youth activities that are longer 
in duration. It is important to note that the core indicators specified 
in section 136 of the Act apply to all youth program activities. This 
is consistent with the intent of the Act to move from a focus on 
separate, categorical programs to a more systematic approach to 
workforce investment and serving the needs of youth. Summer employment 
opportunities then, are to be viewed as one element among many 
available to youth as a part of a menu of activities offered by the 
Local Board. Section 664.620 indicates that summer activities, as part 
of the overall youth program, are required to meet the same core 
indicators of performance as the other youth activities.

Subpart G--One-Stop Career Center Services to Youth

    1. The Connection between the Title I Youth Program and the One-
Stop Delivery System: This subpart explains that the chief elected 
official (as the local grant recipient for the youth program), as a 
required One-Stop partner, is subject to the One-Stop provisions 
related to such partners described in part 662 of the regulations and 
is responsible for connecting the youth program and its activities to 
the One-Stop system. In addition to the provisions of part 662, 
connections between the youth program and the One-Stop system may 
include those that facilitate:
    <bullet> The coordination of youth activities;
    <bullet> Connections to the job market and employers;
    <bullet> Access for eligible youth to information and services; and
    <bullet> Other activities designed to achieve the purposes of the 
youth program.
    The Department received requests for clarification on connecting 
youth program activities to the One-Stop delivery system; however, some 
parties felt that the youth program, as a One-Stop partner, should not 
be made to conform to the same One-Stop partner requirements as other 
partners. The Rule attempts to clarify the role of the youth program in 
the One-Stop center through a cross-reference to the One-Stop 
regulations found in 20 CFR, part 662.
    2. Universal Access to One-Stop Centers for Youth under 18: Under 
section 134(d)(2) of the Act, adults have access to core services in 
One-Stop centers without regard to eligibility. Adults are defined 
under the Act as persons aged 18 and above. Section 664.710 of the 
regulations clarifies that local area youth, including youth under age 
18 who are not eligible under the title I youth program, may receive 
services through the One-Stop centers; however, services for such youth 
must be funded from sources that do not restrict eligibility for 
services, such as Wagner-Peyser. The Department believes that the 
intent of the Act is to introduce youth, particularly out-of-school 
youth, to the services of the One-Stop system early in their 
development and to encourage the use of the One-Stop system as an entry 
point to obtaining education, training, and job search services.

Subpart H--Youth Opportunity Grant Programs

    This subpart explains that competitive procedures for awarding 
Youth Opportunity Grants will be established by the Secretary. It also 
restates statutory language regarding the eligibility of Local Boards 
and other entities in high poverty areas to apply for Youth Opportunity 
Grants. Provisions of the Act regarding eligibility for services under 
Youth Opportunity Grants and the process for establishing performance 
measures are clarified at Secs. 664.800 to 664.830. The Department 
views these grants as a distinct opportunity to provide a variety of 
needed services to youth in high poverty areas, building on the current 
successful activities and innovations already at work in many 
communities.

Part 665--Statewide Activities Under Title I of the Workforce 
Investment Act

Introduction

    This part addresses the funds reserved at the State level for 
workforce investment activities under sections 128(a) and 133(2) of 
WIA.

Subpart A--General Description

    This subpart provides a general description of Statewide activities 
conducted with up to 15 percent reserved from youth, adult and 
dislocated worker funding streams (``15 percent funds''), and up to an 
additional 25 percent of dislocated worker funds reserved for Statewide 
activities from annual allotments to the State.
    1. Section 665.110(b) explains that the 15 percent reserved funds 
may be pooled and expended on workforce investment activities without 
regard to the source of the funding. For example, funds reserved from 
the adult funding stream may be used to carry out Statewide youth 
activities and vice versa. The Department believes that the use of 
these funds can provide critical leadership in the development and 
continuous improvement of a comprehensive workforce investment system 
for each State and, as a result, create a national system to which job 
seekers and workers can look for expert assistance, and employers can 
look for a qualified workforce.

Subpart B--Required and Allowable Statewide Workforce Investment 
Activities

    This subpart discusses required and optional activities conducted 
with funds reserved from the three title I funding streams (youth, 
adults, and dislocated workers).
    1. Required Activities: Section 665.200 identifies the eight 
activities which each State is required to carry out with its reserved 
funds from the three funding streams. The Governor must reserve funding 
for these activities, but has discretion to determine the amount 
reserved, up to the maximum 15 percent of each funding stream. One use 
of these funds is administration, subject to the five percent 
administrative cost

[[Page 18678]]

limitation at 20 CFR 667.210(a)(1). This section clarifies that while 
there is no specific amount for each of the seven of the eight required 
activities to be carried out with the 15 percent funds, it is expected 
that the State will expend a sufficient amount to ensure effective 
implementation of those activities. The eighth required activity, rapid 
response, is discussed in subpart C.
    2. Optional Activities: Section 665.210 also identifies activities 
which each State is allowed to carry out with the 15 percent funds. For 
the first time, States have the discretion to conduct research and 
demonstration projects, and incumbent worker projects, including the 
establishment and implementation of an employer loan program. Section 
665.220 makes clear that employed (incumbent) workers served under 
projects funded with these reserve funds are not required to meet the 
requirements that training is needed to lead to a self-sufficient wage 
applicable to employed adult or dislocated workers served with local 
formula funds.

Subpart C--Rapid Response Activities

    This subpart addresses the use of funds that must be reserved (up 
to 25 percent of dislocated worker funds allotted to States under 
section 132(b)(2)(B) of WIA) to provide rapid response assistance.
    1. Section 665.300 describes what are rapid response activities and 
who is responsible for providing them. Rapid response assistance 
commences at the site of dislocation as soon as a State has received a 
WARN notice, a public announcement or other information that a mass 
dislocation or plant closure is scheduled to take place. The Department 
believes that this early intervention feature for dislocated workers, 
if provided in a comprehensive and systematic manner through 
collaboration between the State and Local Boards, One-Stop partners and 
other applicable entities, is critical to enabling workers to minimize 
the duration of unemployment following layoff. The Department strongly 
urges States and Local Boards to implement processes that allow for 
core services to be an integral part of rapid response assistance, 
preferably on-site, if the size of the dislocation or other factors 
warrant it. Further, WIA defines a dislocated worker at section 101(9) 
in a way that permits formula funds to be used for intensive and 
training services for workers: (1) As soon as they have layoff notices; 
or (2) six months (180 days) prior to layoff if employed at a facility 
that has made a general announcement that it will close within 180 
days.
    The Department believes that this is a critical period for workers, 
States, Local Boards, One-Stop operators and partners to begin to make 
important decisions. One important decision is whether there are 
sufficient formula funds in the State (at the State or local levels) to 
adequately serve the workers being dislocated, or whether national 
emergency grant funds must be requested in a timely manner so that all 
services are available to the workers when they need them.
    2. In response to numerous concerns regarding whether rapid 
response funds may be used beyond those types of required rapid 
response assistance described in the Act and Sec. 665.310, the 
Department has elaborated on the authorized rapid response activities 
in the regulation at Sec. 665.320. These additional activities were 
recommended by experts consulted on this topic.
    3. Section 665.330 addresses the linkage of rapid response 
assistance and WIA title I assistance to NAFTA-Transitional Adjustment 
Assistance (NAFTA-TAA). This linkage is an important feature of the 
One-Stop delivery system, and a requirement under NAFTA-TAA.

Part 666--Performance Accountability Under Title I of the Workforce 
Investment Act

Introduction

    This part presents the performance accountability requirements 
under title I of the Act. This part of the regulations primarily 
summarizes the statutory language in the Act and clarifies a few key 
areas based on input the Department has received. WIA's purpose is to 
provide workforce investment activities that improve the quality of the 
workforce. The Department is strongly committed to a systemwide 
continuous improvement approach, grounded upon proven quality 
principles and practices. The regulations identify some of the major 
issues where further guidance will be provided.

Subpart A--State Measures of Performance

    1. Indicators: Section 666.100 identifies the 15 core indicators of 
performance and the two customer satisfaction indicators that States 
are required to address in title I grant applications. The 15 core 
indicators represent the four core indicators that will be applied 
separately for the three population categories (adult, dislocated 
workers and eligible youth age 19 through 21) for a total of 12 
indicators and the three youth indicators. There is one customer 
satisfaction indicator for participants and one for employers. Section 
666.110 clarifies that Governors may develop additional performance 
indicators to be negotiated with Local Boards and that these additional 
indicators must be included in the State Plan.
    2. Definitions: Section 666.100(b) also explains that the 
Departments of Labor and Education will issue more detailed definitions 
for the title I and title II indicators after further consultation with 
representatives identified in section 502(b) of WIA. The Departments 
will consult further on the indicator definitions, including taking 
into account factors such as the degree of difficulty and expense of 
collecting data and reporting on the measures.
    3. Negotiations: As noted at Sec. 666.120(a), the Department will 
provide further guidance on each of these areas after additional 
consultation. Section 666.120(b) addresses the requirement that States 
must submit expected or proposed levels of performance for the core 
indicators and customer satisfaction indicators for years one through 
three of the State Plan. The Department may require States to express 
levels of improvement as a percentage improvement over the previous 
year's actual performance. The Department recognizes that continuous 
improvement is more than incremental increases in performance and will 
develop a comprehensive and rigorous approach to integrate continuous 
improvement at all levels of the workforce investment system. The 
Department received input that underscored this need to view continuous 
improvement as a system building activity, not a compliance activity.
    4. Participants Included in Measures: The Department was requested 
to clarify when a customer becomes a participant for the purpose of 
applying the core indicators of performance. Section 666.140 explains 
that all individuals, except for those adults and dislocated workers 
who receive services that are self-service or primarily informational, 
must be registered and included in the core indicators of performance. 
The Department will issue guidance to further specify which activities 
and services require registration and which ones do not. In addition, 
Sec. 666.140(b) implements the requirement that a standardized record 
must be completed for registered participants.
    5. Wage Record Data. Section 136(f)(2) of the Act requires States 
to use quarterly wage records, consistent with State law, to measure 
progress on the core indicators of performance. Section

[[Page 18679]]

666.150 clarifies that each State must describe its strategy for using 
quarterly wage record data for performance measurement in the State 
Plan. The State Plan must also identify the entities that may have 
access to the wage record data for this purpose. In addition, 
Sec. 666.150(c) defines ``quarterly wage record information'' (1) as 
wages paid to an individual, (2) the individual's social security 
number (or numbers if more than one), (3) the employer's name, address, 
State where located, and (4) the Federal employer identification number 
(when known). As requested, the Department will continue to explore the 
implications and provide guidance for complying with the 
confidentiality requirements at section 444 of the General Education 
Act (20 U.S.C. 1232g (as added by the Family Educational Rights and 
Privacy Act of 1974). Furthermore, the Department will continue to take 
into account concerns about possible violations of State unemployment 
compensation laws, confidentiality and privacy statutes and wage record 
collection systems. The Department will issue further guidance about 
the use of quarterly wage records.

Subpart B--Incentives and Sanctions for State Performance

    1. Criteria: Section 666.200 restates the eligibility criteria for 
States to apply for an incentive grant. Section 666.210 addresses the 
use of incentive funds for one or more innovative programs consistent 
with requirements of title I of WIA, title II of WIA and the Carl D. 
Perkins Vocational and Applied Technology Education Act.
    2. Timing: There were suggestions that the Department postpone the 
incentive program until a State's second year progress report is 
received. Additional time has also been requested to enable the 
workforce investment system to have a year of performance information 
to assist in establishing baseline levels and to learn more about using 
the unemployment compensation wage records for performance measurement 
and about the data and reporting systems for title II Adult Education 
and Literacy programs and Carl D. Perkins programs. The Department 
recognizes these concerns and is considering available options. The 
regulations do not address the timing issue.
    3. Awards: Section 666.230 explains that the Secretary of Labor 
will consult with the Secretary of Education and issue annual 
instructions listing the amounts of incentive funds available to each 
eligible State and giving application instructions. The list will be 
developed after annual performance reports are received and will be 
based on the reported performance. It also describes the factors that 
will be taken into account in determining the amount of Incentive Grant 
awards.
    4. Sanctions: Section 666.240 explains that States failing to meet 
for any program adjusted levels of performance for core indicators and 
the customer satisfaction indicators for any program, in any year, will 
receive technical assistance, if requested. If a State fails to meet 
the required indicators for the same program for a second consecutive 
year, the State may receive a reduction of as much as five percent of 
the succeeding year's grant allocation.

Subpart C--Local Measures of Performance

    Section 666.300 explains that each local workforce investment area 
will be subject to the same 15 core performance indicators and two 
customer satisfaction indicators that States are required to address. 
Governors may elect to apply additional performance indicators to local 
areas. Section 666.310 states that local performance levels will be 
based on the State adjusted levels of performance and negotiated by the 
Local Board and chief elected official and the Governor to account for 
variations in local conditions.

Subpart D--Incentives and Sanctions for Local Performance

    Section 666.400(a) restates local area eligibility for State 
incentive grants. Section 666.400(b) states that the amount of funds 
available for incentive grants and specific criteria to be used are 
determined by the Governor. Section 666.420 also explains that local 
areas failing to meet agreed upon levels of performance will receive 
technical assistance for any program year. Governors must take 
corrective actions for local areas failing to meet the required 
indicators for two consecutive years.

Part 667 Administration Provisions

Introduction

    This part establishes administrative provisions which apply to WIA 
programs conducted at the Federal, State and local levels. These 
regulations are written to clarify what was written in the Act and to 
assemble all of the administrative requirements from the various parts 
of the Act and other applicable sources in order to facilitate the 
administrative management of WIA programs.

Subpart A--Funding

    This subpart addresses fund availability. Questions have been 
raised about to reallotment and reallocation focused on procedures and 
amounts. The regulation clarifies that the amount reserved for the 
costs of administration is excluded from the calculation of unobligated 
balances upon which reallotment/reallocation are to be based. The 
regulation also emphasizes that any amount to be recaptured and the 
reallotment/reallocation are to be separately determined for each of 
the three funding streams. Thus, for example, it is possible that a 
State may be subject to recapture of youth funds while receiving a 
reallotment of adult funds. The Department will provide additional 
guidance on these processes.

Subpart B--Administrative Rules, Costs and Limitations

    1. Fiscal and Administrative Rules: This subpart specifies the 
Rules applicable to WIA grants in the areas of fiscal and 
administrative requirements, audit requirements, allowable cost/cost 
principles, debarment and suspension, a drug-free workplace, 
restrictions on lobbying, and nondiscrimination. This subpart also 
addresses State and Local Board conflict of interest and program income 
requirements, procurement contracts and fee-for-service use by 
employers, nepotism, responsibility review for grant applicants, and 
the Governor's prior approval authority in subtitle B programs. Section 
667.170 sets forth the Department's authority to perform a 
responsibility review of potential grant applicants. The Department may 
review any information that has come to its attention as part of an 
assessment of applicant's responsibility to administer Federal funds. 
The responsibility tests include the items set forth in paragraphs 
(a)(1) through (a)(14). In this section, the term ``include'' is used 
as it is throughout the Interim Final Rule, to indicate an 
illustrative, but not exhaustive list of examples.
    2. Administrative Costs: Administrative Cost Limits: Section 
667.210 restates the provision of the Act which set a State level 
administrative cost limit of five percent of total funds allotted to 
the State by the Department and a local administrative cost limit of 
10% of funds allocated by the State to the local area. It also provides 
that the cost limitation applicable to awards under subtitle D will be 
specified in the grant agreement. In addition, this regulation includes 
a provision which excludes from the administrative cost limitation 
calculation the acquisition

[[Page 18680]]

costs of hardware and software used for tracking and monitoring 
participants, and for collecting, storing and disseminating information 
required as a core service under the Act.
    Definition of Administrative Costs: Section 667.220 provides the 
Department's definition of Administrative Costs. To comply with the 
statutory requirement for consultation with the Governors in developing 
this definition, the Department consulted with representatives of the 
Governors and included both State and local stakeholders in the 
discussion. In addition to the input received through the consultation, 
the Department received suggestions related to the definition of 
administrative costs in various forums and by direct communications 
from a number of different sources. The key theme which emerged is that 
the function and intended purpose of an activity should be used to 
determine whether the costs associated with it should be charged to the 
program or administrative cost category.
    The Department received input regarding what to include and what to 
exclude from the definition of administrative costs. There were 
specific recommendations that costs of information technology and costs 
associated with continuous improvement activities be excluded from the 
administrative cost category. These suggestions helped the Department 
as it framed the regulation which defines administrative costs.
    The Department valued this consultation and carefully considered 
all input and crafted its definition to incorporate this function-based 
approach. The regulation enumerates those functions of State Boards, 
Local Boards and boards of chief elected officials which are classified 
as administrative and indicates that those costs and the costs of like 
activities/functions performed by One-Stop operators are classified as 
administrative costs. The regulation also includes additional cost 
classification guidance to clarify areas where questions have arisen 
concerning the allocation of costs between the program and 
administrative categories. The regulation provides the system with the 
flexibility needed to allocate costs to the program or administrative 
cost category based on the purpose or nature of the activity or 
function. As a result, the locus of responsibility and intended purpose 
of the function, whether direct or indirect, determines the appropriate 
cost category.
    3. Prohibited Activities: Sections 667.260 through 270 address a 
number of prohibited activities that are located in various sections of 
the Act. The regulation clarifies the Department's interpretation that 
the Act's prohibition on employment generating activities, economic 
development and other similar activities does not apply when they are 
directly related to training of eligible participants. It is not 
intended that such activities must benefit individually identified 
participants to be allowable, rather, such approaches as first source 
hiring agreements that promise to benefit participants as a group would 
suffice. The Rule includes a list of activities that may be provided as 
allowable economic development or similar activities. This list is not 
meant to be exclusive. There may be other activities of a similar 
nature that are directly related to training for eligible individuals 
that are permissible under WIA. In this section, the term include is 
used, as it is throughout the Interim Final Rule, to indicate an 
illustrative, but not exhaustive, list of examples. With respect to the 
prohibition of WIA support of inducing relocation of a business, the 
regulation provides a process for a preaward review to ensure that 
funds are not spent in violation of the provision. Section 667.269 
specifies where the procedures for resolution of violations of these 
prohibitions, as well as the related sanctions and remedies, can be 
found.
    Sectarian Facilities: Section 667.266 restates the Act's 
prohibition on the employment of participants in the construction, 
operation, or maintenance of a facility that is used for sectarian 
instruction or as a place of religious worship, and describes the Act's 
limited exception to this prohibition.
    4. Impairment of Collective Bargaining Agreements: Section 667.270 
lists the safeguards that ensure that participants in WIA activities do 
not displace other employees. These include the prohibition on 
impairment of existing contracts for services or collective bargaining 
agreements that is contained in WIA section 181(b)(2). When an 
employment and training activity described in WIA section 134 would be 
inconsistent with a collective bargaining agreement, the Rule requires 
that the appropriate labor organization and employer provide written 
concurrence before the activity begins.
    5. Labor Protections: Section 667.272 requires that individuals 
engaged in on-the-job training or employed in activities under Title I 
of WIA must be paid at the same rate, including the same periodic wage 
increases, as other workers who are similarly situated in similar 
occupations by the same employer and who have similar training, 
experience and skills. Wage rates must be in accordance with applicable 
law, and must be at least equal to the rate specified in section 
6(a)(1) of the Fair Labor Standards Act of 1938 (FLSA) (29 U.S.C. 
206(a)(1)) or the applicable State or local minimum wage law, whichever 
is higher. The determination of whether an individual is ``employed'' 
in a WIA activity for purposes of this provision, including 
participation in paid or unpaid work experience, must be made in 
accordance with the requirements of the FLSA. Questions regarding the 
application of FLSA to participants in WIA activities should be 
directed to the DOL, Employment Standards Administration, Wage and Hour 
Division.
    Section 677.274 mandates that all Federal and state health and 
safety standards and state workers' compensation laws applicable to the 
working conditions of similarly situated workers are equally applicable 
to the working conditions of participants in programs and activities 
under Title I of WIA. Paragraph (b)(2) clarifies the application state 
workers' compensation laws to individuals engaged in work experience. 
If a State workers' compensation law does not apply to a participant in 
work experience, insurance coverage must be secured for injuries 
suffered by the participant in the course of such work experience.
    6. Nondiscrimination: Section 188 of the Act prohibits 
discrimination on the basis of race, color, national origin, sex, age, 
disability, religion, political affiliation or belief, participant 
status, and against certain noncitizens. It also requires the Secretary 
to issue regulations ``necessary to implement this section not later 
than one year after the date on enactment'' of the Act. The Department 
anticipates the publication of an Interim Final Rule to implement the 
nondiscrimination and equal opportunity provisions of the Act prior to 
July 1, 1999 (63 FR 62003, November 9, 1998). The Rule will be located 
at 29 CFR part 37.
    The provisions of WIA sec.188 are substantially similar to sec. 167 
of JTPA, as amended. As a consequence, the Department anticipates 
little difference between 29 CFR part 37 and the regulation 
implementing sec. 167.
    Section 667.275(a) provides that recipients must comply with the 
nondiscrimination and equal opportunity provisions of the Act and its 
implementing regulations. This provision is substantially similar to 
that found in Sec. 627.210, the companion section of the regulations 
implementing

[[Page 18681]]

the JTPA. A slight modification has been made to the language to 
eliminate any possible confusion about who is covered by sec. 188. The 
term recipient, as used in Sec. 671.275, has the same broad meaning as 
that found in other civil rights regulations (for example, in 29 CFR 
parts 31, 32, and 34), and that meaning will be carried over to 29 CFR 
part 37. In the context of Sec. 667.275, a recipient is any entity that 
receives funds under title I of the Act (except for the ultimate 
beneficiary) whether the assistance comes directly from the Department, 
through the Governor, or through another recipient. Some entities may 
be identified as vendors or subrecipients, or some other term. However, 
for the purpose of Sec. 667.275, these entities are considered 
recipients and subject to section 188 and its implementing regulations. 
Section 667.275 generally follows the language in Sec. 667.210, but 
provides for the exception found in sec. 188(a)(3). This exception 
allows for using funds under title I of WIA to employ participants in 
maintenance of a part of a religious facility that is not primarily or 
inherently devoted to sectarian instruction or religious worship, in a 
case in which the organization operating the facility is part of a 
program or activity providing services to participants.

Subpart C--Reporting Requirements

    There were suggestions and questions related to the mechanics of 
reporting. In response, Sec. 667.300 indicates that the Department will 
issue instructions and formats for financial, participant and 
performance reporting. We anticipate that reporting will be done 
electronically. Section 667.300 also provides that a grantee may impose 
different reporting requirements on its subrecipients including 
different forms, shorter due dates, etc. When a State is the grantee 
and plans to impose different reporting requirements, it must describe 
them in its State Plan. Section 667.300(e), concerning the Annual 
Performance Progress Report specifies the situations under which a 
sanction, including a possible reduction in the subsequent year's grant 
amount, may be imposed.

Subpart D--Oversight and Monitoring

    This subpart includes regulations which provide for both Federal 
and State oversight responsibilities. For formula grants, the 
Department's monitoring of the States will be conducted primarily at 
the State level and may include a sample of subrecipients. The 
regulation emphasizes the requirement that States funded under this 
program develop a Statewide monitoring system. States must be able to 
demonstrate that the monitoring system meets certain regulatory 
requirements. One way to so demonstrate is to make a monitoring plan 
available for Federal review. The regulation which specifies the 
oversight roles and responsibilities of WIA grant recipients and 
subrecipients reflects the statutory language of sections 183 and 184 
of the Act.

Subpart E--Resolution of Findings from Monitoring and Oversight 
Reviews

    1. Resolution of Findings and Grant Officer Resolution Process: 
This subpart addresses the resolution of findings that arise from 
audits, investigations, monitoring reviews, and the Grant Officer 
resolution process. The processes are essentially the same as they were 
under JTPA.
    2. Nondiscrimination: To avoid confusion about which procedures 
apply to nondiscrimination findings, the regulation specifies that 
findings arising from investigations or reviews conducted under 
nondiscrimination laws are to be resolved in accordance with section 
188 of the Act and the applicable Department of Labor nondiscrimination 
regulations. While 29 CFR part 34 is currently in effect, the 
Department will issue a new 29 CFR part 37 to specifically implement 
the provisions of section 188 of WIA. Therefore, States which do not 
fully or partially implement WIA before July 1, 2000 will be subject to 
the rules of 29 CFR, part 34 during PY 99. All States that implement 
early, including those which implement under a transition plan, will be 
subject to the new rules at 29 CFR, part 37, during PY 99.

Subpart F--Grievance Procedures, Complaints, and State Appeals 
Processes

    There were recommendations for and against the application of 
grievance procedures to One-Stop partners not funded by the Department. 
In response, the regulations allow such partners to file a grievance or 
complaint when they are affected by the WIA system, but do not attempt 
to address any grievance or complaint that might arise about their own 
programs. Grievance procedures available in partners' programs are 
those available under the law authorizing that program. A person who 
believes that a partner may have violated WIA may use the grievance 
procedure available under WIA.
    1. Grievance Procedures: Section 667.600 describes those elements 
required for local area, State and other direct recipient grievance 
procedures. It also specifies that complaints of discrimination follow 
the resolution process at sec. 188 and Department of Labor 
nondiscrimination regulations. The regulation specifies the two 
situations in which the Department will investigate and/or review 
allegations that arise through local, State and other direct recipient 
grievance procedures. In particular, as part of the State's 
responsibilities, it must provide an opportunity for a timely review of 
local level grievance adjudications.
    2. Complaints and Appeals: Sections 667.630-650 address complaints 
and reports of criminal activity, and the additional appeal processes 
which a State must have for its WIA programs for nondesignation of 
local areas, termination of eligibility or denial of training 
providers, and testing and sanctions for use of controlled substances.

Subpart G--Sanctions, Corrective Actions, and Waiver of Liability

    This subpart addresses sanctions and corrective actions, waiver of 
liability, advance approval of contemplated corrective actions, as well 
as the offset and State deduction provision.

Subpart H--Administrative Adjudication and Judicial Review

    This subpart specifies those actions which may be appealed to the 
Department's Office of Administrative Law Judge (OALJ), and the rules 
of procedure and timing of decisions for OALJ hearings. Section 667.825 
sets forth special requirements that apply to reviews of MSFW and INA 
grant selections. These rules are similar to those currently in effect 
under JTPA. Section 667.840 also provides for an alternate dispute 
resolution process. In addition, Sec. 667.850 describes the authority 
for judicial review of a final order of the Secretary.

Subpart I--Transition

    Section 667.900 indicates that a Governor may reserve up to two 
percent of Program Years 1998 and 1999 JTPA formula funds, of which not 
less than 50% must be made available to local entities, for expenditure 
on WIA transition planning activities. It specifies that the source of 
funds may be any one or more of JTPA's titles or subtitles. It includes 
a provision that expressly states the Department's position to exclude 
funds so reserved from any calculation of compliance with JTPA cost 
limitations. The Governor must decide to make the funds available to 
one or more local entities. These might include a local JTPA entity, a 
local entity established for the purpose

[[Page 18682]]

of operating WIA programs, or any other local entity. Additional 
information and guidance on the process of transition will be 
forthcoming.

Part 668--Indian and Native American Programs

Introduction

    This part establishes the operation of employment and training 
programs for Indians and Native Americans under the authority of 
section 166 of the Act. This part is broken into subparts dealing with: 
Purposes and policies; service delivery systems; customer services; 
youth services; services to communities; grantee accountability; 
planning and funding; administration; and miscellaneous provisions such 
as waivers. In crafting the section 166 regulations, the Department 
attempted to represent the program from the grantees' perspectives, and 
to provide an organization which is relatively easy to follow and as 
comprehensive as possible without repeating major sections of the 
general WIA administrative regulations contained in part 667. Cross-
references to that part are provided in the body of these regulations, 
when appropriate.

Need for Regulations

    There are several reasons why these regulations exist separately, 
and why they contain the areas regulated. The primary reason separate 
regulations are drafted for the section 166 program is that it is 
clearly the intent of Congress and the Administration that there be a 
supplemental employment and training program under WIA solely for 
Indians and Native Americans, with requirements, policies, and 
procedures unique to that customer group. The current grantee community 
stated a desire to have regulations which are as self-contained as 
possible. Therefore, some material covered under the regulations 
implementing the State workforce investment system is repeated in these 
regulations, but usually not in the depth contained in part 667. Cross-
references direct the grantee to sections where greater detail is 
provided.

Subject Areas Covered

    The specific subject areas covered by these regulations, and cited 
above, are being regulated because the language of section 166 does not 
cover the detailed operation of the program. Statements of policy are 
made to clearly delineate the Department's position with respect to the 
section 166 program and the nature of the relationship between the 
Department and its section 166 grantees. Areas such as those concerning 
the designation of section 166 grantees must be regulated in order to 
clarify the statutory provisions, and it is desirable to clearly define 
these procedures and requirements for ease of compliance by those who 
are or wish to be part of the system. The subparts in this Interim 
Final Rule represent a logical sequence, from policies and purposes 
through miscellaneous provisions, generally representing the reality of 
program implementation as experienced by the typical grantee. This 
sequence reflects grantee comments. The primary vehicle for soliciting 
input on these regulations is the Native American Employment and 
Training Council. Drafts of areas under consideration for regulation 
were circulated to the grantee community by the Council, in their 
statutorily-mandated advisory role. Input received from grantees came 
either through the Council or directly to ETA's Division of Indian and 
Native American Programs (DINAP), either in writing (including faxes), 
orally (over the telephone), or via E-Mail. There were also discussion 
sessions held at the three multi-regional meetings in Washington, DC, 
Albuquerque, and Maui, as well as at the Advisory Council meeting in 
November in Washington, DC. Each of these meetings generated 
suggestions which were considered in crafting the present regulations. 
Input was also received through individual members of the Work Group, 
which is a body composed of Council members and other select grantee 
program directors, and is an official Council subcommittee. All in all, 
well over 50 parties submitted views on various aspects of the draft 
regulations. The most significant input is synopsized below.

Areas Not Covered

    Because a Final Rule will be effective for PY 2000, this Rule was 
designed to address issues that affect grantees who implement in PY 
1999. The Department will issue program direction and administrative 
guidance to assist implementing grantees. These areas are as follows:
    1. Transition to WIA: Although several sections allude to the 
transition, no detailed instructions are included in this Rule. Because 
this event will occur only once for each grantee, the Department 
decided that the conversion from JTPA to WIA would be more 
appropriately covered in administrative guidance to be completed and 
distributed to grantees at a later date. This includes the closeout of 
JTPA grants.
    2. Public Law 102-477: A separate subpart was suggested to address 
the various aspects of the demonstration under Pub. L. 102-477, The 
Indian Employment, Training and Related Services Demonstration Act of 
1992, including procedures for transitioning from a JTPA/WIA grantee to 
a ``477 tribe.'' Because no separate regulations are authorized for the 
demonstration, and participation is limited by law to Federally-
recognized tribes and Alaska Native entities, it was decided that such 
a subpart would be inappropriate. However, Sec. 668.930 clearly states 
that grantees who qualify may participate under Pub. L. 102-477. The 
Department considers this to be an adequate reference for these 
regulations.
    3. Supplemental Youth Services: The Department believes that 
establishing a separate subpart for youth services adequately covers 
the provision of youth services for these regulations, but it 
recognizes that further instruction in the creation and submission of 
these youth plans will be necessary. In order to provide the 
flexibility needed to adapt to these changes as they occur, the 
Department believes it is appropriate at this time to provide policies 
and procedures for the youth program in program guidance and policy 
documents.
    4. Performance Measures and Standards: While performance measures 
and standards are referenced in Sec. 668.460 and Sec. 668.620, these 
regulations do not specify which measures may or must be used, or how 
accompanying performance standards will be derived. The development of 
revised performance measures and levels for Native American employment 
and training grantees has been on-going for several years under JTPA, 
and will continue under WIA. This effort is considered to be on a 
``separate track'' from the development of regulations, whether under 
JTPA or WIA. When section 166 performance measures and standards are 
finalized, they will be transmitted to the grantees in a separate 
administrative issuance, and will not appear in regulations.

Subpart A--Purposes and Policies.

    1. Self-determination: In Sec. 668.120, the Department clearly 
commits to the principles of self-determination and sovereignty, and 
names DINAP as the ``single organizational unit'' required in the Act 
to administer section 166 programs. In addition to the language in the 
Act, which the Department thought it appropriate to repeat by 
paraphrasing, the Department has added a statement on helping customers 
achieve personal and economic self-sufficiency. The Department 
considers this statement to be one of the prime purposes of all

[[Page 18683]]

Federal employment and training efforts, and especially appropriate to 
the Native American population.
    2. Consultation: The operating principle of ``partnership'' is 
embodied in these regulations at Sec. 668.130, which paraphrases 
section 166 (h)(2) of the Act.
    3. Definitions: These regulations do not repeat definitions covered 
in the Act or in the main definitions section at Sec. 660.300. The term 
``underemployed'' is defined in this section of the regulation because 
it is not defined elsewhere, and the definition of ``family income'' is 
specific to Indian and/or Alaska Native circumstances. The Department 
has made clarifications to the definition of ``family income'' for 
section 166 purposes. The regulations include a section from the Alaska 
Native Claims Settlement Act (ANCSA) (43 U.S.C. 1626(c)) concerning the 
treatment of income for Alaska Natives which is applicable by law to 
all Federally-funded programs.
    4. Applicable Regulations: To create a more ``user friendly'' 
document, the Department added Sec. 668.140 to the Rule, which 
describes what other regulations affect upon section 166 program 
operation.

Subpart B--Service Delivery Systems

    1. Designation: The current JTPA designation procedures, 
eligibility requirements, competition hierarchies, etc., are retained 
in this Interim Final Rule for PY 1999. WIA section 166 requires that 
grantees be selected on a competitive basis except where a waiver of 
competition is granted due to successful performance. The requirements 
for the selection of grantees through the designation process are set 
forth in Sec. 668.200--Sec. 668.280. In order to be selected as an INA 
grantee, an entity must have legal status as a government or agency of 
a government, a private non-profit corporation or a consortium 
containing one of these groups; it must have the ability to administer 
federal funds as determined under Sec. 668.220; and it must meet 
certain eligible population requirements. To be consistent with the 
goal of the Indian Self-Determination and Education Assistance Act and 
to provide Indians with the opportunity to achieve ``self-determination 
essential to their social and economic well-being,'' the rule, at 
Sec. 668.210, gives priority in the competitive designation process to 
federally-recognized Indian tribes, Alaskan Native entities and 
consortia of these entities. However, as part of the competitive 
selection process, no entity may be designated as an INA grantee unless 
it demonstrates that it has the ability to administer federal funds, as 
defined in Sec. 668.220. The Department believes that this process is 
consistent with the mandates of the Indian Self-Determination and 
Education Assistance Act and with the requirement that grants, 
contracts, and cooperative agreements be made on a competitive basis.
    The Department is establishing a new designation threshold for PY 
2000 and beyond in Sec. 668.200(b)(3), with allowances made for smaller 
grantees wishing to participate in the demonstration under Pub. L. 102-
477. Also for PY 2000, the dates for submission of the Notice of Intent 
and any additional required supporting documentation, contained in 
Secs. 668.240 and 668 .250, are different from those for PY 1999, 
primarily to allow both applicants and the Department more time to 
implement the designation process, especially in the event of more than 
one applicant competing for a given service area. An area of frequent 
comment involved the current JTPA criteria for designation as a Native 
American grantee, specifically the issues of size and the competition 
hierarchy. Most of the suggestions received were from smaller 
Federally-recognized tribes, either without the currently required 
1,000 Indian or Native American population in their service area or 
without a significant reservation land base from which to claim a 
Hierarchy 1 preference. There were suggestions that the Department 
abandon the numbers altogether, and instead assign a dollar threshold 
which would be a better indication of grantee viability. For the PY 
2000 designation and beyond, the Department has chosen $100,000 as the 
minimum funding threshold. This includes any supplemental youth 
services funds awarded to the grantee. In response to requests from 
some smaller grantees, the Department has included in 
Sec. 668.200(b)(3) a statement ``grandfathering in'' those current 
grantees which do not meet the $100,000 threshold for PY 2000 and 
beyond. Also in response to suggestions received from some smaller, 
non-JTPA tribes wishing to participate in the demonstration under Pub. 
L. 102-477, the Department made the $100,000 limit applicable to total 
resources to be included in the ``477 plan.'' This will enable the 
smaller Federally-recognized tribes to receive their own WIA funding 
and participate in the demonstration authorized by P.L. 102-477, if 
their total employment and training funds to be included in the plan 
equal or exceed that dollar threshold. There were also suggestions that 
the Department attempt to accommodate Congressionally mandated service 
areas, States and counties identified in statute as comprising the 
service area of a specific tribe into the hierarchy system, which these 
draft regulations attempt to do. The Department will continue to review 
this issue as it develops the Final Rule.
    2. Geographic Coverage: To address problems which have arisen under 
JTPA, Sec. 668.294 states the Department's position on covering 
specific geographic areas for which there are no viable entities 
willing or able to provide services under section 166 of WIA. The 
Department will make every effort to fund suitable grantees for each 
area. If a suitable grantee cannot be found, the funds for that service 
area will be used for technical assistance or distributed among other 
grantees.
    3. Funding Formula(s): As under JTPA, the WIA rule allocates funds 
for Native American grantees by geographic service area, based upon the 
funding formula set forth in Sec. 668.300. The Department has chosen to 
allocate funds by formula rather than base grant amounts upon the 
levels proposed in grant applications for several reasons. First, other 
than a requirement that the Department consult with the grantee 
community on ``developing a funding distribution plan,'' the Act is 
silent as to how funds are to be distributed among selected grantees. 
The legislative history does not indicate any Congressional intent to 
deviate from the Department's traditional method of funding by a 
geographic allocation formula. The Department believes that experience 
in funding by formula under JTPA for over 15 years has demonstrated 
success in ensuring sufficient funds for a high level of service to 
customers. Once a grantee demonstrates that it meets the minimum 
threshold for designation, including the ability to administer funds 
under Sec. 668.220, the funding formula ensures that sufficient funds 
are available so that selected grantees can operate a viable, 
successful program. For these reasons, it is the Department's view that 
the proposed allocation formula of Sec. 668.300 is consistent with the 
requirement that grants, contracts and cooperative agreements be made 
on a competitive basis. The current JTPA section 401 funding formula is 
retained in this Rule, pending further discussions on the subject 
during the formulation of the Final Rule during 1999. Also included in 
Sec. 668.296 are the hold-harmless provisions, carry-in limitations, 
and the 1% set-aside for technical assistance and training (TAT) 
contained in the current JTPA regulations or policy.

[[Page 18684]]

Subpart C--Services to Customers

    1. Services to Customers: The same basic JTPA section 401 
eligibility criteria are being retained for the section 166 program. 
The allowable services are taken straight from the Act, and listed in 
this subpart for clarity and to further promote the ``user friendly'' 
approach of the regulations. Indian-specific activities, such as 
support of the Tribal Employment Rights Office (TERO), have been 
included, as well as the allowability of sequential enrollment or 
enrollment of participants in more than one WIA program.
    2. Restrictions on Allowable Activities: Because of the importance 
of some of these restrictions, such as the prohibition on using WIA 
funds for economic development in the section 166 program, the 
Department included Sec. 668.350 in these regulations rather than 
merely referring to similar sections in the State workforce investment 
system regulations. Section 668.350 lists these restrictions, primarily 
from WIA sections 181 and 195.
    3. Interaction with One-Stop Centers: Section 668.360 recognizes 
that section 166 grantees are ``mandatory partners,'' in the One-Stop 
delivery system, and reiterates the statutory requirement for a 
memorandum of understanding (MOU) between the section 166 grantee and 
the Local Board. This section outlines the provisions the MOU must 
contain, and the circumstances under which the Local Board may engage 
the section 166 grantee in these negotiations. Because of the remote 
location(s) of some section 166 grantees (their distance from the 
nearest One-Stop center) and other logistical problems, especially for 
tribes serving rural areas, the Department recognizes that successfully 
executing a meaningful MOU with the Local Board may not always be 
possible. Thus, Sec. 668.910 allows Federally-recognized tribes to 
request a waiver of section 121 requirements with the agreement of the 
Local Board. Although financial contribution to the operation of a One-
Stop center is a matter of local negotiation, the funding and audit 
issues involving the restrictions on the uses of section 166 funds must 
be taken into consideration. The primary argument against having to 
financially support the One-Stop centers is that the State is already 
funded to serve Native Americans, at least for core services, and all 
requests for intensive and training services would probably be referred 
to the Native American grantee. The INA Rules specify the INA grantee's 
responsibility as a One-Stop partner. This part does not relieve the 
One-Stop system of its responsibility to serve Native Americans in the 
same manner as it serves all other individuals or specialized groups. 
Some parties also expressed concern that any funds provided to another 
agency which could not be directly tied to the provision of services to 
Native Americans could result in a disallowed cost to the INA grantee. 
In response to suggestions, the Department took a closer look at 
section 121 of WIA and attempted to write regulations in such a way 
that interaction with One-Stop systems would adhere to statutory 
requirements, but not dictate the exact nature of section 166 grantee 
interaction with the One-Stop system. Additional questions which were 
raised concerning the limitation on section 166 funds, that they only 
be used for the benefit of Native Americans. Questions dealt with 
financial support of a One-Stop center, and how this prohibition would 
be documented for audit purposes. Section 668.340 clearly states that 
no expenditures of section 166 funds may be made for individuals not 
eligible under section 166. Part 662 contains specific language that 
addresses One-Stop arrangements, including a similar provision 
providing that a partner's resources may only be used to provide 
services to individuals eligible under the partner's authorizing 
statute. This section also requires the grantees to describe the 
process for negotiating the MOU with their Local Board in their Two 
Year Plan.
    4. Payments to Participants: Section 668.370 contains the same 
requirements about minimum wage coverage, the payment of allowances, 
the applicability of labor standards, and limitations on participant 
wages that were in effect under JTPA in 20 CFR part 632. The Department 
considers it important, for ease of reference by the grantees, to 
clearly state these requirements in regulations rather than cross-
referencing the Act or other statutes. The Department also included a 
statement in Sec. 668.370 specifically allowing the payment of 
incentive bonus payments to participants who meet or exceed established 
goals, to avoid audit questions which have arisen under JTPA section 
401 activities.
    5. Grantee Capacity Building: Section 668.380 reflects the 
Department's intention to provide section 166 grantees with technical 
assistance and training as required by section 166(h)(5) of the Act.

Subpart D--Supplemental Youth Services

    It is significant that this is a separate subpart. Although this 
program is only available to certain types of entities, and eligible 
grantees will cover the provision of supplemental youth services in 
their Two Year Plan rather than in a separate document, the Department 
received suggestions for a separate youth subpart for clarity's sake. 
The Department agrees that supplemental youth services warrants a 
separate subpart in this Rule. In part 668, the youth requirements are 
covered in subpart D, with a minimum of definition beyond that provided 
in the Act, except for the funding formula (Sec. 668.440) and the 
provisions making the hold harmless factor, the reallocation 
provisions, and provisions concerning the use of funds not claimed by 
grantees applicable to youth funds as well. Section 668.460 covers the 
applicability of performance measures and standards to the supplemental 
youth program. A number of suggestions received from ``urban'' grantees 
indicated their desire to receive supplemental youth services funding. 
However, after further review, the Department decided that the language 
of the statute did indeed limit recipients of these funds to those 
entities serving Indian/Alaska Native/Native Hawaiian youth residing on 
or near a reservation. The regulations clarify additional details 
concerning the provision of supplemental youth services, such as the 
requirement that most participants be low-income individuals, that the 
definition of ``eligible youth'' applies to section 166 programs, that 
performance measures and standards are applicable to the supplemental 
youth programs, and that the funding provisions for the adult program 
(reallocation, carry-in limits, use of funds, etc.) also apply to youth 
programs.

Subpart E--Services to Communities

    Not contained in the current JTPA section 401 regulations, this 
subpart, addressing services to communities, was included for purposes 
of clarification, following the recommendations of the Work Group. The 
regulations discuss the kinds of services that can be provided to 
communities and employers, such as customized training and child care. 
Many of these services, especially to communities at large, have been 
provided under JTPA for some time, but have not been discussed 
previously in regulations. Some of the provisions found here, however, 
appear in 20 CFR part 632 in various places, such as the reference to 
the Indian Financing Act of 1974, contained in Sec. 668.520.

[[Page 18685]]

Subpart F--Accountability for Services and Expenditures

    1. Contents of Subpart: This subpart reflects one of the Act's key 
reform principles of strengthened accountability, and contains sections 
on various aspects of grantee ``accountability,'' including the nature 
of the INA grantee's accountability to the Native American community, 
to the Department, and to the individual participants. Sections covered 
here include reporting, performance measures and standards, the 
prevention of fraud and abuse, grievance systems, and equal access 
provisions which are similar to the corresponding JTPA section 401 
provisions. Several of the regulatory provisions, such as those at 
Sec. 668.630(c) and (d) (gifts and nepotism), are unique to the Native 
American grantee program.
    2. Service Preference: There has always been a controversy in 
Indian programs, dating back to JTPA and its predecessor, the 
Comprehensive Employment and Training Act (CETA), concerning the 
ability of a tribe to grant preference to its own tribal members at the 
expense of, or to the exclusion of, other Native Americans residing in 
its service area. These regulations clearly state that these 
exclusionary practices are prohibited. However, in response to grantee 
concerns, the regulations state that grantees may still identify target 
populations to be served (for example, the disabled, Temporary 
Assistance to Needy Families (TANF) recipients, substance abusers) and 
have this priority approved in the Two Year Plan.

Subpart G--Planning/Funding Process

    This subpart contains details about plan formulation and 
submission, including the statutory requirement for a Two Year Plan for 
delivering comprehensive WIA services. Also included here are the 
Department's procedures for plan review and approval, and the 
requirements for subsequent plan modification. These procedures are 
being added to make the regulations more ``user friendly,'' and because 
there are changes from the procedures used under JTPA, such as the 
change from a one-year plan to a two-year plan, and the dropping of a 
requirement for a separate summer plan.

Subpart H--Administrative Requirements

    1. Contents of Subpart: This subpart describes in detail the 
systems each grantee must have in place to properly administer a 
section 166 program under WIA. It also addresses cost allocation and 
allowability, audit requirements, applicable cost principles, cash 
management requirements, and the treatment of program income. Much of 
this subpart consists of cross-references to the appropriate general 
administrative sections of 20 CFR part 667, or to other Departmental or 
Federal regulations.
    2. Administrative Cost Limits: By far the majority of suggestions 
received involved the issue of the administrative cost limit under WIA. 
Section 166 of the Act is silent on the level of administrative costs 
permitted. Many felt that the 10 percent (10%) limit on local workforce 
investment areas in title I would place a tremendous strain on even the 
largest programs, while making it impossible for smaller grantees to 
operate at all (97 out of 183 JTPA section 401 grantees receive less 
than $100,000 annually). The grantees who submitted suggestions all 
wanted at least the 20% administrative cost limit currently in place 
for JTPA, section 401, and the INA Welfare-to-Work (INA WtW) programs. 
To allay concerns over adjusting to new rates, Sec. 667.210(b) provides 
that the INA administrative cost ceiling is to be established in the 
grant agreement. Any adjustments to the 10 percent limit will be 
addressed in the grant agreement, and will be based on the particular 
needs of the grantee.

Subpart I--Miscellaneous Program Provisions

    Covered in this subpart are the regulatory and statutory waiver 
provisions under section 166(h)(3) of WIA, which were not available 
under JTPA. This includes the requirements for documenting a waiver and 
circumstances under which section 121 requirements may be waived, and 
provisions which may not be waived. Also covered are the allowability 
of participation in the demonstration under Pub. L. 102-477, and an 
elaboration of the role of the Native American Employment and Training 
Council. The latter section was added to clearly state the role of the 
Council in the consultative process, and to support its activities.

Part 669--Migrant and Seasonal Farmworker Programs under Section 
167

Introduction

    This part provides the program and administrative requirements for 
the operation of the Migrant and Seasonal Farmworker (MSFW) program, 
including the MSFW Youth program under section 127(b)(1)(A)(iii). Part 
669 is organized in five subparts addressing: purpose and definitions; 
the MSFW program's service delivery system; MSFW customers and 
available program services; performance accountability, planning and 
waiver authority; and the MSFW youth program.
    The MSFW program is administered nationally in the Department by 
using a limited competitive process to select applicants for grant 
awards. The selected grantees operate the grant programs in most States 
and Puerto Rico. The vehicle for soliciting and receiving comments 
during the development of the MSFW regulations is the Migrant and 
Seasonal Farmworker Employment and Training Advisory Committee. At the 
Committee's first meeting on November 5 and 6, 1998, two workgroups of 
volunteers from the grantee community were formed to assist the 
Department in developing the policies underlying these regulations. The 
members met to develop an initial discussion draft and continued 
providing comments by e-mail.

Subpart A--Purpose, Definitions, and Federal Administration

    This subpart covers the statement of purpose at Sec. 669.100, and 
provides applicable farmworker-specific definitions and Federal 
administrative requirements.
    1. Definitions: The definitions in this subpart are those unique to 
this program. The major issues requiring definition are ``allowances,'' 
``capacity enhancement,'' and ``emergency assistance.'' (Other terms 
are defined for clarification.)
    Allowances--The MSFW program permits payments of allowances to 
enable individuals to participate in classroom training. The economic 
condition of most farmworkers does not permit their participation in 
full-time training without on-going financial assistance. The 
definition of ``allowances'' establishes when allowance payments are 
permitted and the maximum hourly rate. Grantees may use a lower rate.
    Capacity Enhancement--Section 167 of WIA authorizes the Department 
to provide funds for capacity enhancement as part of technical 
assistance activities. The Rule provides that capacity enhancement 
includes staff training for grantee staff members. The MSFW program has 
a history of using discretionary funds to finance some of the costs of 
grantee staff development activities. The definition authorizes the 
continuation of such activities.
    Emergency Assistance--Some parties expressed a need for reducing 
the administrative burdens relating to providing emergency assistance 
to farmworkers. These services are unique

[[Page 18686]]

for the MSFW program and address urgent needs of a short duration, such 
as medical, housing or food support required by MSFWs moving along the 
migrant stream. When applying for emergency assistance, farmworkers 
must provide personal and family information to demonstrate 
eligibility. The general program eligibility requirement of having to 
produce verifying source documentation such as annual tax returns that 
one would normally leave at home, frustrates grantees' attempts to 
respond to urgent needs of farmworkers. To rectify this problem, the 
regulation provides that when a person applies for emergency services 
only, an expedited eligibility determination process may be used. The 
process is expedited by exempting the grantee from requiring 
documentary evidence to support the farmworker's eligibility except 
regarding work authorization and compliance with Selective Service 
registration requirements. The farmworker's eligibility is established 
by a self-certification. This abbreviation of the application 
requirement for receipt of emergency assistance is consistent with the 
low unit cost of these services.
    2. Federal Administration: Sections 669.120 and 669.130 provide 
that the Department's administration of the MSFW program will be under 
its national office, working directly with the operational grantees. 
Section 669.140 restates the Department's obligation to provide 
technical assistance. Sections 669.150 and 669.160 ensure consultation 
with the Secretary's Migrant and Seasonal Farmworker Employment and 
Training Advisory Committee. The MSFW Advisory Committee was 
established in 1998 under the Federal Advisory Committee Act (FACA) for 
this purpose, and it is intended that the Committee will advise the 
Department on a variety of MSFW program matters. Since WIA does not 
require the use of an Advisory Committee for the MSFW program, this 
section establishes by regulation the FACA consultative process for the 
MSFW program.

Subpart B--MSFW Program's Service Delivery System

    This subpart contains provisions on the grantee selection process.
    1. Eligible Entities: Section 167(b) of the Act requires that 
organizations seeking to operate MSFW programs demonstrate their 
familiarity with and an understanding of the target population. This 
capacity is critical to the entity's ability to effectively provide the 
services needed by MSFW's.
    2. General Approach to Service Delivery: Grantees expressed concern 
that, without regulatory clarification, some Local Boards would refuse 
to recognize the MSFW grantee as a required partner in the One-Stop 
delivery system established under title I of the WIA. These regulations 
and those for the title I Adult and Dislocated Worker programs, clearly 
state that MSFW grantees are required partners in those local areas 
where grantee offices are located.
    Grantees indicated that the regulations should provide for 
equitable availability of all WIA services to all farmworkers entering 
the One-Stop center doors. The primary service providers under Wagner-
Peyser and the title I Adult and Dislocated Worker programs have a 
general responsibility to make their core, intensive and training 
services available to all eligible farmworkers on a basis that is 
equitable with other customer groups. The MSFW program has a specific 
responsibility to supplement the level of those services by offering 
farmworkers the services available under the MSFW program that are 
tailored for farmworkers. Although the services available from the MSFW 
program must include the general core services of the local One-Stop 
centers, the MSFW program provides services developed especially for 
addressing the unique needs of MSFW's.
    To fulfill the required partner requirement, the MSFW grantee and 
the One-Stop centers must develop the coordination necessary for the 
effective delivery of One-Stop core services to farmworkers. This is to 
be achieved through the agreements negotiated between the MSFW grantee 
and the Local Boards. The resulting agreements, including appropriate 
cost sharing arrangements, are to be described in the Memorandum of 
Understanding. MSFW grantees have stressed the importance of having an 
operational structure under the regulations to establish good-faith 
negotiation of the MOU's. Without protections for ensuring the 
integrity of the MOU negotiations, these grantees believed that their 
participation at many One-Stop centers would be jeopardized. The 
specific environment expected is one that ensures the MSFW grantees 
have a level playing field for negotiating with the Local Boards. Both 
part 662 and Sec. 669.220 make it clear that Local Boards and MSFW 
grantees must enter into good faith negotiations to develop an 
equitable assignment of roles, responsibilities and costs between them.
    MSFW grantees have made it clear that they want to be recognized as 
required One-Stop partners only where it is geographically appropriate 
to their operations, stressing the importance of limiting the required 
MOU's within the States to those appropriate to the MSFW grantee's 
circumstances. This is due to the potential administrative burden in 
many States because of the large number of Local Boards with which 
MOU's would have to be negotiated. There is a clear preference for a 
regulatory provision permitting the negotiation of a single, Statewide 
MOU or limiting the required MOU's to those Local Boards where it is 
clearly meaningful, such as with those areas in which the MSFW grantee 
operates.
    The regulations provide an operating structure for MOU 
negotiations. Section 669.350 states the MSFW grantees' obligations for 
providing the core services of the local One-Stop center to the 
farmworkers it serves. A corollary requirement exists for the Local 
Board under Sec. 662.410(b). Basically, the process for addressing how 
respective obligations will be fulfilled is the negotiation of the MOU, 
as required for all local partners in a One-Stop delivery system. The 
regulation clarifies that the MOU's negotiated by the MSFW grantees 
shall provide the terms of necessary financial or in-kind compensation 
for services exchanged between the MSFW grantee and the Local Board. 
The matter of establishing an appropriate environment for negotiating 
MOU's is addressed in this section. It provides for ETA to determine 
when the MSFW grantee is responsible for failed negotiation of MOU's 
with Local Boards. Under the regulations for the One-Stop delivery 
system, any failure to execute a MOU with a required partner must be 
reported by the Local Board to the Governor, and by the Governor to the 
Secretary of Labor and to any other head of a Federal agency with 
responsibility for oversight of a partner's program. The regulation 
limits the required MOU's to those Local Boards located in areas where 
there is a grantee field office. This limitation establishes that the 
MSFW grantees are not required to negotiate MOU's with Local Boards 
serving geographic areas that are inappropriate for the MSFW program, 
such as areas where the MSFW program will not be operating. The 
Department encourages MSFW grantees to develop working relationships 
through electronic or other means for an appropriate purpose such as 
referral, in areas with large concentrations of MSFWS which are not 
served by a grantee field office.
    3. Termination: Section 669.230 provides the grounds for 
terminating an MSFW grantee. The regulation provides authority for the 
Grant Officer to initiate

[[Page 18687]]

termination when there is a need to protect funds and when there is a 
substantial or persistent violation of requirements. It also outlines 
the procedures for emergency termination.
    4. Discretionary Account: Section 669.240(b) authorizes the 
continuation of a discretionary account. Historically, the Department 
has been authorized to reserve up to six percent of the funds 
appropriated each year for the MSFW program to fund discretionary 
activities. These activities support those needs of MSFWs that are not 
met by the basic job training program. Such activities include grants 
to support housing programs for farmworkers, and ETA-sponsored 
technical assistance for grantees such as conferences, direct mini-
grants for specific grantee needs, and other technical assistance 
activities. The delivery of technical assistance to grantee staff is 
consistent with the provision of ``capacity enhancement,'' described 
above. The funds also support the costs of the Secretary's Migrant and 
Seasonal Farmworker Advisory Committee. Section 669.240(b) continues 
this limited discretionary authority to use up to six percent of the 
funds appropriated under section 167.

Subpart C--MSFW Program Customers and Available Program Services

    This subpart describes who is eligible for services provided under 
section 167 of WIA, the program responsibilities, and the nature and 
scope of the program activities authorized under the Act.
    1. Eligibility: Section 669.320 summarizes applicant eligibility 
terms defined in section 167 (h) of the Act.
    2. Customer Approach: Customer choice is a primary focus of WIA. 
The regulations are necessary to ensure that farmworkers have an 
opportunity to make choices about the services and training available 
to them. To meet these objectives, it is necessary to provide guidance 
to the MSFW grantees on serving their farmworker customers. This is 
achieved by providing services through a case management approach, 
which may include core, intensive, and training services, and related 
assistance and supportive services (Sec. 669.330). As provided in 20 
CFR part 663, prior to intensive services, a participant must receive 
at least one core service, and prior to training services, a 
participant must receive at least one intensive service. The 
regulations provide, however, that the delivery of intensive services 
(Sec. 669.370) and training services (Sec. 669.410) may be combined 
under a single structure or continuum. To meet immediate needs of 
farmworkers and their families, Sec. 669.360 authorizes grantees to 
provide emergency assistance--for example, services such as health care 
and housing assistance. This is an example of features within the MSFW 
program and these regulations to address the special needs of MSFW's. 
It illustrates how this MSFW program supplements through its diversity 
of approaches, the types of services available to farmworkers under the 
Adult and Dislocated Worker programs.
    3. Intensive Services: Many farmworkers have special needs and 
require additional resources that the MSFW grantees are funded to 
provide. Accordingly, MSFW grantees provide intensive services, which 
may include individual employment plans, and may be based on objective 
assessments and periodic reviews of participant employment and training 
needs. Section 669.370 indicates the kinds of intensive services that 
are appropriate for MSFW's. This approach may differ from the service 
delivery design of a local One-Stop center because the MSFW program is 
intended to offer opportunities for MSFWs to redirect their lives by 
learning the skills and knowledge required for employment in higher 
skilled occupations. Usually, when farmworkers seek employment 
assistance from an MSFW grantee, they are trying to abandon seasonal 
farmwork (but not necessarily all agricultural employment) with its 
inherent uncertainty, poverty and other hardships. Helping farmworkers 
to overcome the barriers they face when seeking to attain better 
employment may require the concurrent provision of intensive and 
training services.
    4. Objective Assessment and Individual Employment Plan: These two 
case management instruments may be utilized for participants seeking 
services beyond core services, and provide the means to achieve a 
sustained customer focus. The description of objective assessment is 
covered at Sec. 669.380. The description of objective assessment is 
provided to clarify the range of resources available and to suggest 
that assessment should be an ongoing process. Customer focus is 
maintained through the use of an individual employment plan (IEP), a 
tool to identify the intensive services, training, and support services 
necessary to lead to economic self-sufficiency. The most important 
aspects of the IEP are that it is jointly developed between the 
customer and the service provider and that it should be continuously 
relied upon to guide the participant's participation to a successful 
conclusion. The IEP is a record of the participant's employment, 
training, and supportive services needs, and a mutually developed 
strategy for reaching the participant's goals. Regulatory guidance is 
necessary to ensure that the minimum standards expected by ETA and the 
grantee community, are understood and achieved in developing and 
maintaining IEP's for MSFW's.
    5. Training Services: In addition to the training services 
authorized under section 134(d)(4)(D) and section 167(d) of the Act, 
experience has shown that additional training services, such as 
training in housing development assistance or workplace safety, are 
occasionally required to assist farmworker customers. Section 669.410 
authorizes MSFW grantees to provide such services. Section 669.420 also 
regulates the minimum requirements for OJT contracts under the MSFW 
program.

Subpart D--Performance Accountability, Planning and Waiver 
Authority

    This subpart addresses program administration, consultation with 
grantees and awarding of grants.
    1. Performance Standards and Measures: Section 669.500 provides 
that the core performance indicators applicable to the formula programs 
under title I will also apply to the MSFW program. This section also 
authorizes the MSFW program to develop performance measures that are in 
addition to the core indicators of performance. The levels of 
performance for each indicator will take into account the 
characteristics of the participants to be served and the economic 
conditions in the area served by the grantee and negotiated as part of 
the grantee plan approval.
    2. Funding and Planning Documents: Sections 669.510 through 669.540 
describe the grant planning process. To reduce administrative effort at 
both the Federal and grantee levels, Sec. 668.510 requires that the 
plans submitted cover a two-year (biennial) period even though funding 
is available on an annual basis. This represents a change from past 
requirements for single year plans and affords an opportunity for 
strategic planning and continuous improvement. Section 669.520 
establishes the minimum requirement for the MSFW grant plan. Other 
requirements may be added by the Solicitation for Grant Application 
(SGA) for any given biennial period.
    3. Unilateral Modifications: Section 669.540 authorizes the 
Department to unilaterally increase or reduce grant funding levels in 
response to Congressional action. The section also establishes the 
limitations under which grantees may unilaterally modify grant

[[Page 18688]]

plans and provide authority for bilateral modifications.
    4. Cost Classification and Reporting: Section 669.550 describes 
cost classification and reporting procedures and addresses compliance 
with the administrative cost limitations.
    5. Waivers: The general waiver authority in WIA does not apply to 
the MSFW program. However, waiver authority may prove beneficial for 
addressing unforseen circumstances encountered by MSFW program 
grantees. The regulations at Secs. 669.560 and 669.570 provide MSFW 
program grantees with limited regulatory waiver authority to waive 
certain provisions of the WIA regulations.

Subpart E--The MSFW Youth Program

    This subpart includes 669.600 through 669.680 which provide the 
introduction to the MSFW youth program by stating its purpose and its 
relationship to the MSFW program under section 167. Regulations at 
Secs. 669.630 through 669.660 provide the qualifying process for 
receiving a MSFW youth grant.
    1. Designation of Grantees: The section 167 MSFW youth program will 
be administered through grant agreements with eligible entities, 
selected through a competitive process. Sections 669.630 and 668.640 
describe the eligibility criteria for designation and the process by 
which an entity may apply for designation as a MSFW youth program 
grantee. To be designated, an organization must submit a youth program 
plan in response to the Departments's Solicitation for Grant 
Applications. MSFW grantees expressed concern that a separate 
competition for youth grants would lead to instances where two 
different MSFW grantees were operating in the same areas. To respond to 
this concern, MSFW grantees operating within the same service area will 
be afforded special consideration in the grant competition.
    2. Allocation of Funds: Section 669.650 regulates the funding of 
the MSFW youth program on a competitive basis by providing that the 
allocation of funds will be based on the merits of the proposal. In 
addition, the process may utilize allocation methods that promote a 
geographical distribution of funds that supports a balanced funding of 
both large and small scale competitive applications. The grantees also 
expressed concern that a larger jurisdictions would have a competitive 
advantage. To allay concerns over the potential for irregular 
distributions among jurisdictions and grantees due to relative 
differences in size, the regulations provide that the Department will 
use a means for geographical distribution that promotes acceptance of 
both large and small scale applications under the competition.
    3. Grant Plans: Section 669.660 describes the planning documents 
required in an applicant's response to the Department's SGA and the 
applicable submission dates, respectively.
    4. Eligibility: Section 669.670 establishes the eligibility 
criteria for farmworker youth who wish to participate in the MSFW youth 
program. They are youth age 14 through 21, who are economically 
disadvantaged.
    5. Allowable Activities and Services: Section 669.680 authorizes 
the MSFW youth program activities. Specific activities are authorized 
by references to sections of the WIA and by described youth activities.

Part 670--Job Corps

Introduction

    This part provides regulations for the Job Corps program, 
authorized in title I, subtitle C of WIA. The regulations address the 
scope and purpose of the Job Corps program and provide requirements 
relating to selection of sites for Job Corps centers; selection and 
funding of service providers; screening, selection and assignment of 
eligible youth to Job Corps centers; operation of Job Corps centers; 
and required services for Job Corps students. This part also provides 
regulations covering new WIA requirements such as the establishment of 
a business and community liaison and an industry council for each Job 
Corps center, and the focus on accountability, including specific 
performance measures for Job Corps centers and service providers. The 
Department's intent in these regulations is to incorporate the 
requirements of title I, subtitle C of the Act, and to describe the 
programs and services which must be available for Job Corps students, 
as well as the requirements dictated by the unique residential 
environment of a Job Corps center (such as provision of meals, 
transportation, recreational activities and related services).

Subpart A--Scope and Purpose

    1. Purpose: This subpart indicates that part 670 contains 
regulatory provisions that apply to the Job Corps program, describes 
the purpose of the program, and provides definitions. It also specifies 
that the Job Corps Director is delegated authority to carry out the 
responsibilities of the Secretary under title I, subtitle C of the Act 
related to the operation of the Job Corps program, and that references 
in this part referring to ``guidelines'' or ``procedures issued by the 
Secretary'' mean that the Job Corps Director will issue such 
guidelines. Procedures guiding day-to-day operations are provided in a 
Policy and Requirements Handbook (PRH). The PRH includes minimum 
program requirements and expected outcomes for specific program 
components, such as education and training, student support, and 
administration. In addition, general guidance and best practices are 
provided for in a number of program areas in Job Corps Technical 
Assistance Guides issued by the Job Corps Director.
    2. Partnership: The program purpose incorporates the Act's intent 
that Job Corps will operate as a national, residential program in 
partnership with States and local communities. The partnership theme is 
carried throughout various sections of part 670 in requirements for Job 
Corps centers and service providers to serve on local youth councils, 
to operate as a One-Stop partner, and to work with employers.
    Several parties noted that the regulations provide in this subpart 
that Job Corps is a national program which operates in partnership with 
States, communities, Local Boards, youth councils, One-Stop centers and 
partners, and other youth programs, but argued that the earlier 
proposed language relating to partnership with One-Stop was not strong 
enough in other statements indicating services (such as outreach/
admissions and placement) would be provided by One-Stop centers or 
partners to the extent practicable. The intent in using language such 
as ``to the extent practicable'' or ``to the fullest extent possible'' 
is not to limit or discourage the development of linkages between Job 
Corps and One-Stop, but to recognize (1) the language in section 
145(a)(3) of the Act which requires the Secretary to conduct outreach 
and screening activities ``to the extent practicable'' through 
arrangements with applicable One-Stop centers, community action 
agencies, business organizations, labor organizations, and entities 
that have contact with youth; (2) the requirements in section 147 of 
the Act for selection of Job Corps center operators and other service 
providers (such as outreach/admissions, placement, and provision of 
continued services) on a competitive basis in accordance with Federal 
procurement law and regulations; and (3) the language in section 148(e) 
and section 149(b) of the Act which requires the Secretary to give 
priority to ``One-Stop partners'' in selecting a provider for continued 
services for graduates and to ``utilize One-Stop delivery systems to

[[Page 18689]]

the fullest extent possible'' for the placement of graduates into jobs. 
The use of these phrases should not be interpreted as a limitation, but 
as a statement of intent to enter into partnerships in all situations 
where it is feasible to do so.

Subpart B--Site Selection and Protection and Maintenance of 
Facilities

    This subpart describes how sites for Job Corps centers are 
selected, the handling of capital improvements and new construction on 
Job Corps centers, and responsibilities for facility protection and 
maintenance. The requirements in this subpart are not significantly 
different from the corresponding requirements in the JTPA Job Corps 
regulations.

Subpart C--Funding and Selection of Service Providers

    This subpart describes entities which are eligible to receive funds 
to operate Job Corps centers and to provide operational support 
services. It also describes how contract center operators and 
operational support service contractors are selected, emphasizing the 
requirements for competitive contract awards. New requirements, 
including consultation with the appropriate Governor, center industry 
council, and Local Board in development of requests for proposals for 
center operators, are included in Sec. 670.310(a). In addition, 
Sec. 670.310(c), describes requirements to be included in center 
requests for proposals to assess providers' past performance as well as 
their ability to coordinate Job Corps center activities with State and 
local activities (including One-Stop centers), and to provide 
vocational training that reflects employment opportunities in areas 
where students will seek jobs. These requirements are described in 
section 147(a)(2)(B) of the Act.

Subpart D--Recruitment, Eligibility, Screening, Selection and 
Assignment, and Enrollment

    1. This subpart describes who is eligible for Job Corps under WIA 
and provides additional factors which are considered in selecting an 
eligible applicant for enrollment. This subpart also discusses who will 
conduct outreach and admissions activities for the Job Corps, and the 
responsibilities of those organizations. Section 670.450 describes the 
new requirements of section 145(c) of WIA for an assignment plan for 
Job Corps centers. Assignment plans will be developed and used to 
establish a target for each Job Corps center for the percentage of 
students enrolled who will come from the State or Department of Labor 
region in which the center is located, and the regions surrounding the 
center. In addition, this subpart addresses the requirement of section 
145(d) of the Act that students must be assigned to centers closest to 
their homes, with consideration given to the special needs of 
applicants or their parents or guardians when making assignments.

Subpart E--Program Activities and Center Operations

    1. Program Activities: This subpart describes the services and 
types of training each Job Corps center must provide, as well as center 
responsibilities in the administration of work-based learning. This 
subpart also describes the residential support services Job Corps 
centers must provide, and centers' responsibility for student 
accountability. Required residential support services include providing 
a safe, secure environment, an ongoing counseling program, food 
service, access to medical care, recreation, and leadership programs 
for students. In addition, centers must account for the whereabouts, 
participation, and status of students while they are enrolled in Job 
Corps.
    2. Behavior Management and Zero Tolerance for Violence and Drugs: 
This subpart establishes requirements for Job Corps centers to have 
student behavior management systems. Section 670.540 describes Job 
Corps' zero tolerance policy for violence, drugs, and unauthorized 
goods. The regulatory language in this section continues current 
requirements for automatic dismissal of students who commit specific 
offenses (the one strike and you're out policy) specified in Job Corps' 
zero tolerance policy. The Secretary will issue procedures which 
continue this practice. Section 670.540 also addresses the requirements 
of section 145(a)(2) of the Act for drug testing of all students. This 
subpart also contains requirements to ensure students are provided due 
process in disciplinary actions. This process will include center fact-
finding and review boards, and appeal procedures.
    3. Experimental, Research, and Demonstration Projects: This subpart 
also addresses the authorization, provided in section 156 of the Act, 
for experimental, research and demonstration projects related to the 
Job Corps program.

Subpart F--Student Support

    This subpart includes authorization of leave for students from 
center activities, and provisions of cash allowances and bonuses, and 
clothing for students. In addition to being eligible to receive 
transportation, students are eligible for other benefits, including 
basic living allowances to cover personal expenses, such as toiletries, 
snacks, etc., in accordance with guidance issued by the Secretary. The 
allowance and bonus system is structured to provide incentives for 
specific accomplishments of students, such as vocational completion. 
Students are also provided with a modest clothing allowance to enable 
them to obtain clothes that are appropriate for class and for the 
workplace.

Subpart G--Placement and Continued Services

    1. Placement Services: This subpart discusses placement services 
for graduates of the Job Corps program in accordance with section 149 
of the Act. The regulation focuses on graduates, which is a significant 
change from previous Job Corps policy and practice, since placement 
services have traditionally been provided for all students who leave 
Job Corps, no matter how long they were enrolled or how much of the 
program they completed. The regulatory language in this subpart is 
substantially different from what is contained in the JTPA Job Corps 
regulations to reflect the emphasis in title I, subtitle C on provision 
of services for graduates. The authority provided in section 149(d) of 
the Act, to allow for placement of former students (non-graduates), is 
reflected in Sec. 670.710, but placement services are not required for 
anyone other than graduates. The ability to provide placement services 
for former students as well as for graduates will be contingent on 
having the funding resources to do so. It is, therefore, likely that 
the level of placement services for graduates and for former enrollees 
will differ. This subpart also discusses who will provide placement 
services, and the responsibilities of Job Corps placement agencies in 
placing graduates in jobs.
    2. Continued Services for Graduates: This subpart discusses section 
148(d) of the Act, which requires provision of 12 months of continued 
service for graduates. Sections 670.740 and 670.750 discuss this 
requirement and who may provide those services. Provision of continued 
services is a new requirement, and a new level of effort for Job Corps 
service providers, and will likely divert some funding resources which 
have been used in the past for provision of placement services for all 
students.

[[Page 18690]]

Subpart H--Community Connections

    1. This subpart describes new requirements for Job Corps 
representatives to serve on local youth councils, as provided for in 
section 117(h) of the Act, for center business and community liaisons, 
and for center industry councils. Section 670.800(d) describes the role 
of center industry councils, as prescribed in section 154(b) of the 
Act, to analyze labor market information and identify job opportunities 
in areas where students will seek employment and the skills needed for 
those jobs, and to recommend changes in center vocational training 
offerings as appropriate. The intent of this subpart is to provide 
regulatory language to tie Job Corps centers more closely to their 
local communities and local employers to ensure that the vocational and 
other training students receive will enable them to obtain meaningful 
jobs in their home communities when they graduate.

Subpart I--Administrative and Management Provisions

    1. Student Benefits and Protections: This subpart provides 
requirements relating to Tort Claims, Federal Employees Compensation 
Act (FECA) benefits for students, safety and health, and law 
enforcement jurisdiction on Job Corps center property.
    2. Program Accountability and Performance Indicators: Subpart I 
also incorporates specific requirements relating to performance 
assessment and accountability contained in section 159(c) of the Act, 
as well as requirements for performance improvement plans, as provided 
for in section 159(f)(2), for Job Corps center operators or other 
service providers who fail to meet expected levels of performance. 
Sections 670.975 and 670.980 describe how performance of the Job Corps 
program will be assessed and the required indicators of performance. 
Indicators of performance include placement rates of graduates in jobs, 
including jobs related to vocational training received, average wage at 
placement and six and twelve months after job entry, retention in 
employment six and twelve months after job entry, the number of 
graduates who achieved job readiness and employment skills, and the 
number who entered postsecondary or advanced training programs.
    3. Financial and Audit Responsibilities: This subpart also 
discusses financial management responsibilities of Job Corps center 
operators and other Job Corps service providers, as well as Federal 
audit requirements.
    4. Disclosure of Information and Resolution of Complaints: This 
subpart includes requirements relating to student records and 
disclosure of information about Job Corps students; and procedures for 
resolution of complaints and disputes of students and other parties by 
center operators and service providers.

Part 671--National Emergency Grants for Dislocated Workers

Introduction

    Section 170 of WIA provides for technical assistance, and section 
171 provides for demonstration, pilot, multiservice, research and 
multistate projects. Although the Department has not regulated on these 
sections, it is important to note these activities for the general 
workforce investment system.
    Section 170(a) provides that the Secretary will provide, coordinate 
and support the development of training, technical assistance, staff 
development and other activities to States and localities, and in 
particular, to assist States in making transitions from carrying out 
JTPA to carrying out activities under title I of WIA.
    Section 170(b) provides for a portion of the funds reserved by the 
Secretary under WIA section 132(a)(2) to be used to: (1) Assist States 
that do not meet the State performance measures for dislocated workers; 
(2) assist other States, local areas and other entities involved in 
providing assistance for dislocated workers and to promote continuous 
improvement to dislocated workers under title I of WIA; or (3) assist 
staff who provide rapid response services, including training of those 
staff regarding proven methods of promoting, establishing and assisting 
labor-management or transition committees to plan for effective 
adjustment assistance for workers impacted by dislocation events.
    Section 171(a), (b), and (c) of WIA describe employment and 
training projects which may be funded as well as the processes for such 
funding. Section 171(d) provides for dislocated worker demonstration 
projects and pilot projects, multiservice and multistate projects. The 
purpose of dislocated worker demonstration projects is to test 
innovative approaches that address priorities established by the 
Secretary, are consistent with the goals described in WIA, and 
subsequently may prove beneficial in providing adjustment assistance to 
larger dislocated worker populations. Generally, projects will be 
funded as a result of competitive solicitations published in the 
Federal Register, however, the Secretary may negotiate and fund 
projects other than through such solicitations.
    Part 671 describes the availability of a portion of the funds 
reserved by the Secretary under WIA section 132(a)(2)(A) for assistance 
to dislocated workers.
    1. National Emergency Grants: Part 671 contains limited regulations 
regarding dislocated worker funds reserved for national emergency 
grants. Section 173 of WIA authorizes the Secretary to award 
discretionary funds to serve dislocated workers in certain situations. 
These regulations describe circumstances under which funds may be 
available, including to provide employment and training assistance to 
workers affected by major economic dislocations (such as plant 
closures, mass layoffs, closures or realignments of military 
installations, dislocations due to federal policies, etc.); and to 
provide assistance to Governors of States when FEMA has determined that 
a major disaster, as defined in the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122 (1) and (2)), has occurred 
in the area.
    These regulations emphasize the importance of rapid response 
assistance for the development of requests for national emergency 
funds. The Department sets a high priority on the early collection of 
information regarding workers being laid off, receiving requests for 
funds when there are insufficient State and local dislocated formula 
funds available to meet the needs of workers being laid off--to ensure 
that there are funds available in the local area when the workers first 
need the assistance. Early intervention to assist workers being 
dislocated is critical to enable them to find or qualify for new jobs 
as soon as possible after the dislocation occurs. While these 
regulations highlight some of the key elements and requirements for 
applying for national emergency funds, guidelines to apply for national 
emergency funds will be published separately in the Federal Register.

Part 652--Establishment and Functioning of State Employment 
Services

Introduction

    This part implements the amendments to the Wagner-Peyser Act (the 
Act) made by WIA. The WIA amendments add regulations at 20 CFR part 
652, subpart C and make technical changes to subpart A.

[[Page 18691]]

Subpart A--Employment Service Planning and Operations

    In subpart A, the Department removes references to JTPA, and 
replaces them with WIA. It also updates definitions and removes and 
reserves two sections. These WIA amendments to the Act are effective 
July 1, 1999.
    A comprehensive reading of WIA shows that Congress intended to 
ensure a central role for the Wagner-Peyser Act State agency designated 
to administer funds authorized under the Act to provide job finding and 
placement services to job seekers, including unemployment insurance 
(UI) claimants, veterans, migrant and seasonal farm workers, disabled 
individuals, and employers in the State One-Stop delivery system. The 
regulations governing the operation of the basic labor exchange program 
have been located at 20 CFR part 652, subpart A for many years and they 
are well known to State agencies administering the Wagner-Peyser Act. 
The Workforce Investment Act changes the environment in which the 
existing rules are applied. It does not amend the statutory provisions 
underlying the rules. The Department determined that it would not be 
appropriate to add new rules resulting from amendments to the Wagner-
Peyser Act to 20 CFR part 652, subpart A, but that it is important the 
new rules be linked with the existing rules. Therefore, the Department 
restricted amendments to the Wagner-Peyser Act regulations at 20 CFR 
part 652, subpart A to only those reference citations required by the 
Workforce Investment Act. The Department will raise no issue under 20 
CFR part 652 with States solely on the basis that they operate under 
JTPA during PY 1999. The operations rules governing Wagner-Peyser Act 
services required by WIA are reflected in part 20 CFR 652, subpart C.

Subpart C--Wagner-Peyser Act Services in a One-Stop Delivery System 
Environment

    Section 652, subpart C, Secs. 652.200 through 652.216, describe the 
requirements for the establishment and functioning of State Wagner-
Peyser Act services in a One-Stop delivery system environment. The 
State must maintain Wagner-Peyser Act funds under the authority of the 
Governor as a separate funding source to ensure a statewide delivery 
system of public labor exchange services. These regulations specify 
that the Wagner-Peyser Act agency retains responsibility for, and 
oversight of, all Wagner-Peyser Act services provided through the One-
Stop delivery system, and explain that funds allocated to States under 
section 7(a) must be used to deliver Wagner-Peyser Act services through 
the One-Stop delivery system. Each of the three tiers of labor exchange 
service must be available: self-service, facilitated self-help service, 
and staff-assisted service. Sections 652.209 and 210 strengthen the 
relationship between the Wagner-Peyser Act State agency and the UI 
agency by requiring that reemployment services be provided, 
commensurate with available resources and in conjunction with other 
One-Stop partners, to those UI claimants who are required under any 
Federal or State UI law to receive the services as a condition of 
receiving unemployment benefits. The regulations reflect the 
Department's interpretation of the Wagner-Peyser Act, affirmed in State 
of Michigan v. Alexis M. Herman, (W.D. MI, Southern Div.) to require 
that job finding, placement and reemployment services funded under the 
Act, including services to veterans, be delivered by public merit-staff 
employees.
    The Department is issuing these regulations after carefully 
considering and reacting to input received from the public. The 
preponderance of input focused on two themes: the relationship between 
the Wagner-Peyser Act State Agency and the One-Stop delivery system 
centers, and the preservation of the merit system for public employees.
    A range of suggestions were received regarding the relationship 
between Wagner-Peyser Act services and the One-Stop delivery system. 
These regulations emphasize the State Agency's role as a One-Stop 
partner in delivering services seamlessly to job seekers and employers 
as a part of the One-Stop delivery system. State agencies have 
flexibility to deliver labor exchange services appropriate to local 
needs in accordance with a Memorandum of Understanding entered into 
with the local workforce investment board.
    Some parties responding to merit-staff issues expressed concern 
that merit-staff employees might potentially come under the direction 
of an individual who is employed by a different agency or entity. In 
response to this concern, the Department has written the regulations at 
Sec. 652.215 and Sec. 652.216 to emphasize the retention of merit 
system protections for public employees, and limit the One-Stop 
operator to providing guidance to employees funded under the Wagner-
Peyser Act in accordance with an agreed-upon MOU.

III. Regulatory Flexibility and Regulatory Impact Analysis

    The Regulatory Flexibility Act of 1980, as amended in 1996 (5 
U.S.C. chapter 6), requires the Federal government to anticipate and 
minimize the impact of rules and paperwork requirements on small 
entities. ``Small entities'' are defined as small businesses (those 
with fewer than 500 employees, except where otherwise provided), small 
non-profit organizations (those with fewer than 500 employees, except 
where otherwise provided) and small governmental entities (those in 
areas with fewer than 50,000 residents). ETA has assessed the potential 
impact of this Interim Final Rule by consulting with a wide range of 
small entities, in order to identify and address any areas of concern. 
Based on that assessment, the Agency certifies that the Interim Final 
Rule, as promulgated, will not have a significant impact on a 
substantial number of small entities.
    The WIA Interim Final Rule implements major reforms to the nation's 
job training system. The WIA will provide resources to states, 
localities, and other entities, including small entities, to assist 
youth, adults, and dislocated workers in preparing for, obtaining and 
retaining employment. This Rule sets forth the rights, responsibilities 
and conditions under which state and local governments may receive 
grants to operate programs in local workforce investment areas with 
such funds. Governments in local workforce investment areas are not 
small governmental entities. These areas generally have a population of 
at least 500,000 and are intended to replace existing service areas 
under the Job Training Partnership Act (JTPA) which generally have a 
population of at least 200,000. Consequently, the Department does not 
foresee an adverse impact on small governmental entities. Nevertheless, 
the Department has consulted extensively with state and local officials 
and their representatives to insure that any potential effect would be 
minimal. These consultations included two week-long conferences in 
which state and local governmental participants worked in groups 
divided by specialized area of interest, and the participation of state 
and local governmental officials under the Intergovernmental Personnel 
Act.
    The Department also provided a number of opportunities, through a 
variety of media, for the input of small businesses, non-profits and 
any other interested parties. These opportunities included 12 town hall 
meetings spanning the nation in ten locations,

[[Page 18692]]

and an interactive web site providing ETA policy and responses to 
questions from the public. Additionally, in order to solicit comments 
from the widest possible audience, ETA broadly disseminated its 
developing policies through the publication of a White Paper, among 
other documents, which were available on the Internet, published in the 
Federal Register and distributed throughout the employment and training 
community.
    The Interim Final Rule provides significant flexibility to States 
and Local governments to design programs and to determine policy and 
spending priorities for the use of WIA grant funds. This policy-making 
flexibility is embodied in Sec. 661.120. The Rule provides States and 
Local governments with additional flexibility to design systems that 
meet the specific needs of each state and local area through the 
general and work-flex waiver provisions at Secs. 661.410 and 661.430. 
The Department has taken steps to further ameliorate any potential 
burdens through Sec. 667.210 of the Interim Final Rule, which provides 
that states and localities may use a portion of their grant funds (up 
to five percent at the State level and up to ten percent at the local 
level) for management and administration of the grant, rather than for 
the direct provision of services to participants. Because the WIA 
statutory limit on administrative cost is lower than the existing JTPA 
limit, States and localities were also extensively consulted regarding 
the regulatory definition of these administrative costs to ensure that 
this cost category is defined as flexibly as possible. The Rule 
requires the reporting of costs in only two categories--program and 
administrative--and excludes certain information technology costs from 
the administrative cost category.
    A portion of WIA funds is available for direct grants from the 
Department. ETA has consulted with representatives of the migrant and 
seasonal farm worker community, and Indian and Native American tribal 
governments to minimize any burdens that provisions of the Rule would 
have on those communities. The Rule provides limited authority to these 
grantees to receive waivers of certain provisions of the Rule, to 
lessen any burden on these communities.
    To further ameliorate any burden on WIA direct grantees, the Rule 
permits direct grantees to use a portion of WIA funds for 
administrative costs expenditure. Unlike formula funds, the 
administrative cost limit for direct grantees is not specified in the 
Rule but will be negotiated in the grant agreement to take into account 
individual circumstances. Similarly, the period of availability for 
expenditure of grant funds is established in the grant agreement rather 
than set by Rule to take into account individual circumstances. Based 
on provisions such as these, the Department has concluded that the Rule 
will not place undue burdens on small entities. In addition, under to 
the Small Business Regulatory Fairness Act (SBREFA) (5 U.S.C. Chapter 
8), the Department has determined that this Interim Final Rule is not a 
``major rule,'' as defined in 5 U.S.C. 804(2). The Department certifies 
that this Interim Final Rule has been assessed in accordance with Pub. 
L. 105-227, 112 Stat. 2681, for its effect on family well-being.

IV. Executive Order 12866

    Pursuant to Executive Order 12866, the Department has evaluated 
this Interim Final Rule and has determined its provisions are 
consistent with the statement of regulatory philosophy and principles 
promulgated by the Executive Order. The Department of Labor is required 
by statute to prescribe regulations for the WIA program within 180 days 
of enactment. Within this limited time frame, the Department has made 
every reasonable effort to obtain input in a purposeful manner from a 
variety of interested parties (State and local government officials, 
community-based organizations, Intergovernmental Organizations, other 
stakeholders, and the general public). The WIA grants increase the 
resources available to the public and private organizations that 
promote long-term employment and self-sufficiency. The Department has 
determined the Interim Final Rule will not have an adverse effect in a 
material way on the nation's economy.
    The Department has developed the Interim Final Rule in close 
consultation with the Department of Education, and with other 
interested Federal agencies. Based on that consultation, the Department 
has determined that this Interim Final Rule will not create a serious 
inconsistency or otherwise interfere with any action taken or planned 
by another Federal Agency.
    This Interim Final Rule implements the Workforce Investment Act, 
which is the only major reform of the nation's job training and 
employment system in over 15 years. Consequently, this Interim Final 
Rule raises novel policy issues. Therefore, the Department finds it to 
be a significant regulatory action which has been reviewed by the 
Office of Management and Budget for the purposes of Executive Order 
12866.

V. Unfunded Mandates

    The Interim Final Rule has been reviewed in accordance with the 
Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.) and 
Executive Order 12875. Section 202 of UMRA requires that a covered 
agency prepare a budgetary impact statement before promulgating a rule 
that includes any Federal mandate that may result in the expenditure by 
state, local and Tribal governments, in the aggregate, or by the 
private sector, of $100 million or more in any one year.
    If a covered agency must prepare a budgetary impact statement, 
section 205 of UMRA further requires that it select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with the statutory requirements. In 
addition, section 203 of UMRA requires a plan for informing and 
advising any small government that may be significantly or uniquely 
impacted.
    The Department has determined that the WIA Interim Final Rule will 
not mandate the expenditure by the State, local, and Tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million in any one year. Accordingly, the Department has not 
prepared a budgetary impact statement, specifically addressed the 
regulatory alternatives considered, or prepared a plan for informing 
and advising any significant or uniquely impacted small government.

VI. Effective Date and Absence of Notice and Comment

    The Department has determined, in accordance with 5 U.S.C. 
553(b)(3)(B), that the statutory mandate to promulgate regulations 
within 180 days of the enactment of the statute constitutes good cause 
for waiving notice and comment proceedings. Furthermore, WIA became 
effective upon the date of enactment, August 7, 1998. It is critical 
that the Department quickly issue regulations to assist States which 
wish to begin operating under WIA as early as possible. Congress also 
recognized this urgency in sec. 506(c) of the Act, by specifically 
authorizing the Department to issue an Interim Final Rule. Accordingly, 
the Department finds that the issuance of a Proposed Rule, rather than 
an Interim Final Rule, would be contrary to the public interest. This 
Interim Final Rule will become effective on May 17, 1999. The 
Department is committed to meeting the statutory deadline to issue a 
Final Rule by December 31, 1999. This Interim Final Rule sets a comment 
period to elicit any concerns raised by the rule for

[[Page 18693]]

consideration in the development of the Final Rule. The Department has 
provided a comment period of 90 days to provide a significant period 
for public input into any revisions to parts 652 and 660 through 671 
for the Final Rule.

VII. Catalog of Federal Domestic Assistance Number

    The program is listed in the Catalog of Federal Domestic Assistance 
at No. 17.255.

List of Subjects in 20 CFR Parts 652 and 660 through 671

    Grant programs, labor, employment, job training programs.

    Signed at Washington, DC, this 31st day of March 1999.
Alexis M. Herman,
Secretary of Labor.
Raymond L. Bramucci,
Assistant Secretary of Labor, Employment and Training Administration.

    For the reason stated in the preamble, 20 CFR Ch. V is amended as 
follows:
    1. Parts 660 through 671 are added and Part 652 is amended to read 
as follows:

PART 660--INTRODUCTION TO THE REGULATIONS FOR WORKFORCE INVESTMENT 
SYSTEMS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT

Sec.
Sec. 660.100  What is the purpose of title I of the Workforce 
Investment Act of 1998?
Sec. 660.200  What do the regulations for workforce investment 
systems under title I of the Workforce Investment Act cover?
Sec. 660.300  What definitions apply to the regulations for 
workforce investment systems under title 1 of WIA?

    Authority: Sec. 506(c), Pub. L. 105-220; 20 USC 9276(c).


Sec. 660.100  What is the purpose of title I of the Workforce 
Investment Act of 1998?

    The purpose of title I of the Workforce Investment Act of 1998 
(hereafter referred to as WIA) is to provide workforce investment 
activities that increase the employment, retention and earnings of 
participants, and increase occupational skill attainment by 
participants, which will improve the quality of the workforce, reduce 
welfare dependency, and enhance the productivity and competitiveness of 
the Nation's economy. These goals are achieved through the workforce 
investment system. (WIA sec. 106.)


Sec. 660.200  What do the regulations for workforce investment systems 
under title I of the Workforce Investment Act cover?

    The regulations found in 20 CFR parts 660--671 set forth the 
regulatory requirements that are applicable to programs operated with 
funds provided under title I of WIA. This part 660 describes the 
purpose of that Act, explains the format of these regulations and sets 
forth definitions for terms that apply to each part. Part 661 contains 
regulations relating to Statewide and local governance of the workforce 
investment system. Part 662 describes the One-Stop system and the roles 
of One-Stop partners. Part 663 sets forth requirements applicable to 
WIA title I programs serving adults and dislocated workers. Part 664 
sets forth requirements applicable to WIA title I programs serving 
youth. Part 665 contains regulations relating to Statewide activities. 
Part 666 describes the WIA title I performance accountability system. 
Part 667 sets forth the administrative requirements applicable to 
programs funded under WIA title I. Parts 668 and 669 contain the 
particular requirements applicable to programs serving Indians and 
Native Americans and Migrant and Seasonal Farmworkers, respectively. 
Parts 670 and 671 describe the particular requirements applicable to 
the Job Corps and other national programs, respectively.


Sec. 660.300  What definitions apply to the regulations for workforce 
investment systems under title I of WIA?

    In addition to the definitions set forth at WIA sec. 101, the 
following definitions apply to the regulations set forth in 20 CFR 
parts 660--671:
    Department or DOL means the U.S. Department of Labor, including its 
agencies and organizational units.
    Designated region means a combination of local areas that are 
partly or completely in a single labor market area, economic 
development region, or other appropriate contiguous subarea of a State, 
that is designated by the State under WIA section 116(c), or a similar 
interstate region that is designated by two or more States under WIA 
section 116(c)(4).
    Employment and training activity means a workforce investment 
activity that is carried out for an adult or dislocated worker.
    EEO data means data on race and ethnicity, age, sex, and disability 
required by regulations implementing sec. 188 of WIA governing 
nondiscrimination.
    ETA means the Employment and Training Administration of the U.S. 
Department of Labor.
    Grant means an award of WIA financial assistance by the U.S. 
Department of Labor to an eligible WIA recipient.
    Grantee means the direct recipient of grant funds from the 
Department of Labor. A grantee may also be referred to as a recipient.
    Literacy means an individual's ability to read, write, and speak in 
English, and to compute, and solve problems, at levels of proficiency 
necessary to function on the job, in the family of the individual, and 
in society.
    Local Board means a local workforce investment board established 
under WIA sec. 117, to set policy for the local workforce investment 
system.
    Outlying area means the United States Virgin Islands, Guam, 
American Samoa, the Commonwealth of the Northern Mariana Islands, the 
Republic of the Marshall Islands, the Federated States of Micronesia, 
and the Republic of Palau.
    Participant means an individual who has registered under 20 CFR 
663.105 or 20 CFR 664.215 and has been determined to be eligible to 
participate in and who is receiving services (except for follow up 
services) under a program authorized by WIA title I. Participation 
commences on the first day, following determination of eligibility, on 
which the individual begins receiving core, intensive, training or 
other services provided under WIA title I.
    Recipient means an entity to which a WIA grant is awarded directly 
from the Department of Labor to carry out a program under title I of 
WIA. The State is the recipient of funds awarded under WIA secs. 
127(b)(1)(C)(i)(II), 132(b)(1)(B) and 132(b)(2)(B).
    Register means the process for collecting information to determine 
an individual's eligibility for services under WIA title I. Individuals 
may be registered in a variety ways, as described in 20 CFR 663.105 and 
20 CFR 664.215.
    Secretary means the Secretary of the U.S. Department of Labor.
    Self certification means an individual's signed attestation that 
the information he/she submits to demonstrate eligibility for a program 
under title I of WIA is true and accurate.
    State Board means a State workforce investment board established 
under WIA sec. 111.
    State means each of the several States of the United States, the 
District of Columbia and the Commonwealth of Puerto Rico. The term 
``State'' does not include outlying areas.
    Subrecipient means an entity to which a subgrant is awarded and 
which is accountable to the recipient (or higher tier subrecipient) for 
the use of the funds provided.
    Vendor means an entity responsible for providing generally required 
goods or services to be used in the WIA

[[Page 18694]]

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.
    Wagner-Peyser Act means the Act of June 6, 1933, as amended, 
codified at 29 U.S.C. 49 et seq.
    Workforce investment activities mean the array of activities 
permitted under title I of WIA, which include employment and training 
activities for adults and dislocated workers, as described in WIA 
section 134, and youth activities, as described in WIA section 129.
    Youth activity means a workforce investment activity that is 
carried out for youth.

PART 661--STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE 
INVESTMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT

Subpart A--General Governance Provisions

Sec. 661.100  What is the workforce investment system?
Sec. 661.110  What is the role of the Department of Labor as the 
Federal governmental partner in the governance of the workforce 
investment system?
Sec. 661.120  What are the roles of the local and State governmental 
partner in the governance of the workforce investment system?

Subpart B--State Governance Provisions

Sec. 661.200  What is the State Workforce Investment Board?
Sec. 661.205  What is the role of the State Board?
Sec. 661.210  Under what circumstances may the Governor select an 
alternative entity in place of the State Workforce Investment Board?
Sec. 661.220  What are the requirements for the submission of the 
State workforce investment plan?
Sec. 661.230  What are the requirements for modification of the 
State workforce investment plan?
Sec. 661.240  How do the unified planning requirements apply to the 
five-year strategic WIA and Wagner-Peyser plan and to other 
Department of Labor plans?
Sec. 661.250  What are the requirements for designation of local 
workforce investment areas?
Sec. 661.260  What are the requirements for automatic designation of 
workforce investment areas relating to units of local government 
with a population of 500,000 or more?
Sec. 661.270  What are the requirements for temporary and subsequent 
designation of workforce investment areas relating to areas that had 
been designated as service delivery areas under JTPA?
Sec. 661.280  What right does an entity have to appeal the 
Governor's decision rejecting a request for designation as a 
workforce investment area?
Sec. 661.290  Under what circumstances may States require Local 
Boards to take part in regional planning activities?

Subpart C--Local Governance Provisions

Sec. 661.300  What is the Local Workforce Investment Board?
Sec. 661.305  What is the role of the Local Workforce Investment 
Board?
Sec. 661.310  Under what limited conditions may a Local Board 
directly be a provider of core services, intensive services, or 
training services, or act as a One-Stop Operator?
Sec. 661.315  Who are the required members of the Local Workforce 
Investment Boards?
Sec. 661.320  Who must chair a Local Board?
Sec. 661.325  What criteria will be used to establish membership of 
the Local Board?
Sec. 661.330  Under what circumstances may the State use an 
alternative entity as the local workforce investment board?
Sec. 661.335  What is a youth council, and what is its relationship 
to the Local Board?
Sec. 661.340  What are the responsibilities of the youth council?
Sec. 661.345  What are the requirements for the submission of the 
local workforce investment plan?
Sec. 661.350  What are the contents of the local workforce 
investment plan?
Sec. 661.355  When must a local plan be modified?

Subpart D--Waivers and Work-Flex

Sec. 661.400  What is the purpose of the general statutory and 
regulatory waiver authority provided at section 189(i)(4) of the 
Workforce Investment Act?
Sec. 661.410  What provisions of WIA and the Wagner-Peyser Act may 
be waived, and what provisions may not be waived?
Sec. 661.420  Under what conditions may a Governor request and the 
Secretary approve a general waiver under section 189(i)(4)?
Sec. 661.430  Under what conditions may the Governor submit a 
workforce flexibility plan?
Sec. 661.440  What limitations apply to the State's Workforce 
Flexibility Plan authority under WIA?

    Authority: Sec. 506(c), Pub. L. 105-220; 20 U.S.C. 9276(c).

Subpart A--General Governance Provisions


Sec. 661.100  What is the workforce investment system?

    Under title I of WIA, the workforce investment system provides the 
framework for delivery of workforce investment activities at the State 
and local levels to individuals who need those services, including job 
seekers, dislocated workers, youth, incumbent workers, new entrants to 
the workforce, veterans, persons with disabilities, and employers. Each 
State's Governor is required, in accordance with the requirements of 
this Part, to establish a State Board; to designate local workforce 
investment areas; and to oversee the creation of Local Boards and One-
Stop service delivery systems in the State.


Sec. 661.110  What is the role of the Department of Labor as the 
Federal governmental partner in the governance of the workforce 
investment system?

    (a) Successful governance of the workforce investment system will 
be achieved through cooperation and coordination of Federal, State and 
local governments.
    (b) The Department of Labor sees as one of its primary roles 
providing leadership and guidance to support a system that meets the 
objectives of title I of WIA, and in which State and local partners 
have flexibility to design systems and deliver services in a manner 
designed to best achieve the goals of WIA based on their particular 
needs. These regulations provide the framework in which State and local 
officials can exercise such flexibility within the confines of the 
statutory requirements. Wherever possible, system features such as 
design options and categories of services are not narrowly defined, and 
are subject to State and local interpretation.
    (c) The Secretary, in consultation with other Federal Agencies, as 
appropriate, may publish guidance on interpretations of statutory and 
regulatory provisions. State and local policies, interpretations, 
guidelines and definitions that are consistent with interpretations 
contained in such guidance will be considered to be consistent with the 
Act for purposes of Sec. 661.120 of this subpart.


Sec. 661.120  What are the roles of the local and State governmental 
partner in the governance of the workforce investment system?

    (a) Local Boards should establish policies, interpretations, 
guidelines and definitions to implement provisions of title I of WIA to 
the extent that such policies, interpretations, guidelines and 
definitions are not inconsistent with the Act or the regulations or 
with State policies.
    (b) State Boards should establish policies, interpretations, 
guidelines and definitions to implement provisions of title I of WIA to 
the extent that such policies, interpretations, guidelines and 
definitions are not inconsistent with the Act and regulations.

[[Page 18695]]

Subpart B--State Governance Provisions


Sec. 661.200  What is the State Workforce Investment Board?

    (a) The State Board is a board established by the Governor in 
accordance with the requirements of WIA section 111 and this section.
    (b) The membership of the State Board must meet the requirements of 
WIA section 111(b). The State Board must contain two or more members 
representing the categories described in WIA sections 
111(b)(1)(C)(iii)-(v), and special consideration must be given to chief 
executive officers of community colleges and community based 
organizations in the selection of members representing the entities 
identified in WIA section 111(b)(1)(C)(v).
    (c) The Governor may appoint any other representatives or agency 
officials, such as agency officials responsible for economic 
development and juvenile justice programs in the State.
    (d) Members who represent organizations, agencies or other entities 
must be individuals with optimum policy making authority within the 
entities they represent.
    (e) A majority of members of the State Board must be 
representatives of business. Members who represent business must be 
individuals who are owners, chief executive officers, chief operating 
officers, or other individuals with optimum policy making or hiring 
authority, including members of Local Boards.
    (f) The Governor must appoint the business representatives from 
among individuals who are nominated by State business organizations and 
business trade associations. The Governor must appoint the labor 
representatives from among individuals who are nominated by State labor 
federations.
    (g) The Governor must select a chairperson of the State Board from 
the business representatives on the board.
    (h) The Governor may establish terms of appointment or other 
conditions governing appointment or membership on the State Board.
    (i) For the programs and activities carried out by one-stop 
partners, as described in WIA section 121(b) and 20 CFR 662.210, the 
State Board must include:
    (1) The lead State agency officials with responsibility for such 
program, or
    (2) In any case in which no lead State agency official has 
responsibility for such a program service, a representative in the 
State with expertise relating to such program, service or activity.
    (j) The State Board must conduct its business in an open manner as 
required by WIA section 111(g), by making available to the public, on a 
regular basis through open meetings, information about the activities 
of the State Board, including information about the State Plan prior to 
submission of the plan, information about membership, and on request, 
minutes of formal meetings of the State Board. (WIA section 111)


Sec. 661.205  What is the role of the State Board?

    The State Board must assist the Governor in the:
    (a) Development of the State Plan;
    (b) Development and continuous improvement of a Statewide system of 
activities that are funded under subtitle B of title I of WIA, or 
carried out through the One-Stop delivery system, including--
    (1) Development of linkages in order to assure coordination and 
nonduplication among the programs and activities carried out by One-
Stop partners, including, as necessary, addressing any impasse 
situations in the development of the local memorandum of understanding; 
and
    (2) Review of local plans;
    (c) Commenting at least once annually on the measures taken under 
section 113(b)(14) of the Carl D. Perkins Vocational and Technical 
Education Act;
    (d) Designation of local workforce investment areas,
    (e) Development of allocation formulas for the distribution of 
funds for adult employment and training activities and youth activities 
to local areas, as permitted under WIA sections 128(b)(3)(B) and 
133(b)(3)(B);
    (f) Development and continuous improvement of comprehensive State 
performance measures, including State adjusted levels of performance, 
to assess the effectiveness of the workforce investment activities in 
the State, as required under WIA section 136(b);
    (g) Preparation of the annual report to the Secretary described in 
WIA section 136(d);
    (h) Development of the Statewide employment statistics system 
described in section 15(e) of the Wagner-Peyser Act; and
    (i) Development of an application for an incentive grant under WIA 
section 503. (WIA section 111(d).)


Sec. 661.210  Under what circumstances may the Governor select an 
alternative entity in place of the State Workforce Investment Board?

    (a) The State may use any State entity that meets the requirements 
of WIA section 111(e) to perform the functions of the State Board.
    (b) If the State uses an alternative entity, the State workforce 
investment plan must demonstrate that the alternative entity meets all 
three of the requirements of WIA section 111(e). Section 111(e) 
requires that such entity:
    (1) Was in existence on December 31, 1997;
    (2)(i) Was established under section 122 (relating to State Job 
Training Coordinating Councils) or title VII (relating to State Human 
Resource Investment Councils) of the Job Training Partnership Act (29 
U.S.C. 1501 et seq.), as in effect on December 31, 1997, or
    (ii) Is substantially similar to the State Board described in WIA 
section 111(a), (b), and (c) and Sec. 661.200; and
    (3) Includes, at a minimum, two or more representatives of business 
in the State and two or more representatives of labor organizations in 
the State.
    (c) If the alternative entity does not provide for representative 
membership of each of the categories of required State Board membership 
under WIA section 111(b), the State Plan must explain the manner in 
which the State will ensure an ongoing role for any such group in the 
workforce investment system.
    (d) If the membership structure of the alternative entity is 
significantly changed after December 31, 1997, the entity will no 
longer be eligible to perform the functions of the State Board. In such 
case, the Governor must establish a new State Board which meets all of 
the criteria of WIA section 111(b). A significant change in the 
membership structure does not mean the filling of a vacancy on the 
alternative entity, but does include any change in the organization of 
the alternative entity or in the categories of entities represented on 
the alternative entity which requires a change to the alternative 
entity's charter or a similar document that defines the formal 
organization of the alternative entity.
    (e) In 20 CFR parts 660 through 671, all references to the State 
Board also apply to an alternative entity used by a State.


Sec. 661.220  What are the requirements for the submission of the State 
Workforce Investment Plan?

    (a) The Governor of each State must submit a State Workforce 
Investment Plan (State Plan) in order to be eligible to receive funding 
under title I of WIA and the Wagner-Peyser Act. The State Plan must 
outline the State's five year strategy for the workforce investment 
system.

[[Page 18696]]

    (b) The State Plan must be submitted in accordance with planning 
guidelines issued by the Secretary of Labor. The planning guidelines 
set forth the information necessary to document the State's vision, 
goals, strategies, policies and measures for the workforce investment 
system (that were arrived at through the collaboration of the Governor, 
chief elected officials, business and other parties), as well as the 
information required to demonstrate compliance with WIA, and the 
information detailed by WIA and these regulations and the Wagner-Peyser 
Act and the Wagner-Peyser regulations at 20 CFR part 652.
    (c) The State Plan must contain a description of the State's 
performance accountability system, and the State performance measures 
in accordance with the requirements of WIA section 136 and 20 CFR part 
666.
    (d) The State must provide an opportunity for public comment on and 
input into the development of the State Plan prior to its submission. 
The opportunity for public comment must include an opportunity for 
comment by representatives of business, representatives of labor 
organizations, and chief elected official(s) and must be consistent 
with the requirement, at WIA section 111(g), that the State Board makes 
information regarding the State Plan and other State Board activities 
available to the public through regular open meetings. The State Plan 
must describe the State's process and timeline for ensuring a 
meaningful opportunity for public comment.
    (e) The Secretary reviews completed plans and must approve all 
plans within ninety days of their submission, unless the Secretary 
determines in writing that:
    (1) The plan is inconsistent with the provisions of title I of WIA 
or these regulations. For example, a finding of inconsistency would be 
made if the Secretary and the Governor have not reached agreement on 
the adjusted levels of performance under WIA section 136(b)(3)(A), or 
there is not an effective strategy in place to ensure development of a 
fully operational One-Stop delivery system in the State; or
    (2) The portion of the plan describing the detailed Wagner-Peyser 
plan does not satisfy the criteria for approval of such plans as 
provided in section 8(d) of the Wagner-Peyser Act or the Wagner-Peyser 
regulations at 20 CFR part 652.


Sec. 661.230  What are the requirements for modification of the State 
workforce investment plan?

    (a) The State may submit a modification of its workforce investment 
plan at any time during the five-year life of the plan.
    (b) Modifications are required when:
    (1) Changes in Federal or State law or policy substantially change 
the assumptions upon which the plan is based.
    (2) There are changes in the Statewide vision, strategies, 
policies, performance indicators, the methodology used to determine 
local allocation of funds, reorganizations which change the working 
relationship with system employees, changes in organizational 
responsibilities, changes to the membership structure of the State 
Board or alternative entity and similar substantial changes to the 
State's workforce investment system.
    (3) The State has failed to meet performance goals, and must adjust 
service strategies.
    (c) Modifications are required in accordance with the Wagner-Peyser 
provisions at 20 CFR 652.210.
    (d) Modifications to the State Plan are subject to the same public 
review and comment requirements that apply to the development of the 
original State Plan.
    (e) State Plan modifications will be approved by the Secretary 
based on the approval standard applicable to the original State Plan 
under Sec. 661.220(e).


Sec. 661.240  How do the unified planning requirements apply to the 
five-year strategic WIA and Wagner-Peyser plan and to other Department 
of Labor plans?

    (a) A State may submit to the Secretary a unified plan for any of 
the programs or activities described in WIA section 501(b)(2). This 
includes the following DOL programs and activities:
    (1) The five-year strategic WIA and Wagner-Peyser plan;
    (2) Trade adjustment assistance activities and NAFTA--TAA;
    (3) Veterans' programs under 38 U.S.C. Chapter 41;
    (4) Programs authorized under State unemployment compensation laws;
    (5) Welfare-to-Work (WtW) programs; and
    (6) Senior Community Service Employment Programs under title V of 
the Older Americans Act.
    (b) For purposes of paragraph (a) of this section, a State may 
submit, as part of the unified plan, any plan, application form or any 
other similar document, that is required as a condition for the 
approval of Federal funding under the applicable program. These plans 
include such things as the WIA plan, or the WtW plan. They do not 
include jointly executed funding instruments, such as grant agreements, 
or Governor/Secretary Agreements or items such as corrective actions 
plans.
    (c) A State which submits a unified plan under paragraph (a) of 
this section will not be required to submit additional planning 
materials as a condition for approval to receive Federal funds.
    (d) Each portion of a unified plan submitted under paragraph (a) of 
this section is subject to the particular requirements of Federal law 
authorizing the program. All grantees are still subject to such things 
as reporting and record-keeping requirements, corrective action plan 
requirements and other generally applicable requirements.
    (e) A unified plan must contain the information required by WIA 
section 501(c) and will be approved in accordance with the requirements 
of WIA section 501(d).


Sec. 661.250  What are the requirements for designation of local 
workforce investment areas?

    (a) The Governor must designate local workforce investment areas in 
order for the State to receive funding under title I of WIA.
    (b) The Governor must take into consideration the factors described 
in WIA section 116(a)(1)(B) in making designations of local areas. Such 
designation must be made in consultation with the State Board, and 
after consultation with chief elected officials. The Governor must also 
consider comments received through the public comment process described 
in the State workforce investment plan under Sec. 661.220(d).
    (c) The Governor may approve a request for designation as a 
workforce investment area from any unit of general local government, 
including a combination of such units, if the State Board determines 
that the area meets the requirements of WIA section 116(a)(1)(B) and 
recommends designation. (WIA section 116.)


Sec. 661.260  What are the requirements for automatic designation of 
workforce investment areas relating to units of local government with a 
population of 500,000 or more?

    The requirements for automatic designation relating to units of 
local government with a population of 500,000 or more and to rural 
concentrated employment programs are contained in WIA section 
116(a)(2).


Sec. 661.270  What are the requirements for temporary and subsequent 
designation of workforce investment areas relating to areas that had 
been designated as service delivery areas under JTPA?

    The requirements for temporary and subsequent designation relating 
to areas that had been designated as service

[[Page 18697]]

delivery areas under JTPA are contained in WIA section 116(a)(3).


Sec. 661.280  What right does an entity have to appeal the Governor's 
decision rejecting a request for designation as a workforce investment 
area?

    (a) A unit of local government (or combination of units) or a rural 
concentrated employment program grant recipient (as described at WIA 
section 116(a)(2)(B), which has requested but has been denied its 
request for designation as a workforce investment area under 
Secs. 661.260-661.270, may appeal the decision to the State Board, in 
accordance with appeal procedures established in the State Plan.
    (b) If a decision on the appeal is not rendered in a timely manner 
or if the appeal to the State Board does not result in designation, the 
entity may request review by the Secretary of Labor, under the 
procedures set forth at 20 CFR 667.640(a).
    (c) The Secretary may require that the area be designated as a 
workforce investment area, if the Secretary determines that:
    (1) The entity was not accorded procedural rights under the State 
appeals process; or
    (2) The area meets the automatic designation requirements at WIA 
section 116(a)(2) or the temporary and subsequent designation 
requirements at WIA section 116(a)(3), as appropriate.


Sec. 661.290  Under what circumstances may States require Local Boards 
to take part in regional planning activities?

    (a) The State may require Local Boards within a designated region 
(as defined at 20 CFR 660.300) to:
    (1) Participate in a regional planning process that results in 
regional performance measures for workforce investment activities under 
title I of WIA. Regions that meet or exceed the regional performance 
measures may receive regional incentive grants;
    (2) Share, where feasible, employment and other types of 
information that will assist in improving the performance of all local 
areas in the designated region on local performance measures; and
    (3) Coordinate the provision of WIA title I services, including 
supportive services such as transportation, across the boundaries of 
local areas within the designated region.
    (b) Two or more States may designate a labor market area, economic 
development region, or other appropriate contiguous subarea of the 
States as an interstate region. In such cases, the States may jointly 
exercise the State's functions described in this section.
    (c) Designation of intrastate regions and interstate regions and 
their corresponding performance measures must be described in the 
respective State Plan(s). For interstate regions, the roles of the 
respective governors, State Boards and Local Boards must be described 
in the respective State Plans.
    (d) Unless agreed to by all affected chief elected officials and 
the Governor, these regional planning activities may not substitute for 
or replace the requirements applicable to each local area under other 
provisions of the WIA. (WIA section 116(a).)

Subpart C--Local Governance Provisions


Sec. 661.300  What is the Local Workforce Investment Board?

    (a) The Local Workforce Investment Board (Local Board) is appointed 
by the chief elected official in each local area in accordance with 
State criteria established under WIA section 117(b), and is certified 
by the Governor every two years, in accordance with WIA section 
117(c)(2).
    (b) In partnership with the chief elected official(s), the Local 
Board sets policy for the portion of the Statewide workforce investment 
system within the local area.
    (c) The Local Board and the chief elected official(s) may enter 
into an agreement that describes the respective roles and 
responsibilities of the parties.
    (d) The Local Board, in partnership with the chief elected 
official, develops the local workforce investment plan and performs the 
functions described in WIA section 117(d). (WIA section 117 (d).)
    (e) In the case in which a local area includes more than one unit 
of general local government in accordance with WIA section 117 
(c)(1)(B), the chief elected officials of such units may execute an 
agreement to describe their responsibilities for carrying out the roles 
and responsibilities. If, after a reasonable effort, the chief elected 
officials are unable to reach agreement, the Governor may appoint the 
members of the local board from individuals nominated or recommended as 
specified in WIA section 117(b).
    (f) In the case in which the State Plan indicates that the State 
will be treated as a local area under WIA title I, the Governor may 
designate the State Board to carry out any of the roles of the Local 
Board.


Sec. 661.305  What is the role of the Local Workforce Investment Board?

    (a) WIA section 117(d) specifies that the Local Board is 
responsible for:
    (1) Developing the five-year local workforce investment plan (Local 
Plan) and conducting oversight of the One-Stop system, youth activities 
and employment and training activities under title I of WIA, in 
partnership with the chief elected official;
    (2) Selecting One-Stop operators with the agreement of the chief 
elected official;
    (3) Selecting eligible youth service providers based on the 
recommendations of the youth council, and identifying eligible 
providers of adult and dislocated worker intensive services and 
training services, and maintaining a list of eligible providers with 
performance and cost information, as required in 20 CFR part 663, 
subpart E;
    (4) Developing a budget for the purpose of carrying out the duties 
of the Local Board, subject to the approval of the chief elected 
official;
    (5) Negotiating and reaching agreement on local performance 
measures with the chief elected official and the Governor;
    (6) Assisting the Governor in developing the Statewide employment 
statistics system under the Wagner-Peyser Act;
    (7) Coordinating workforce investment activities with economic 
development strategies and developing employer linkages; and
    (8) Promoting private sector involvement in the Statewide workforce 
investment system through effective connecting, brokering, and coaching 
activities through intermediaries such as the One-Stop operator in the 
local area or through other organizations, to assist employers in 
meeting hiring needs.
    (b) The Local Board, in cooperation with the chief elected 
official, appoints a youth council as a subgroup of the Local Board and 
coordinates workforce and youth plans and activities with the youth 
council, in accordance with WIA sec. 117(h) and Sec. 661.335.
    (c) Local Boards which are part of a State designated region for 
regional planning must carry out the regional planning responsibilities 
required by the State in accordance with WIA section 116(c) and 
Sec. 661.290.
    (d) The Local Board must conduct business in an open manner as 
required by WIA section 117(e), by making available to the public, on a 
regular basis through open meetings, information about the activities 
of the Local Board, including information about the local plan before 
submission of the plan, and about membership, the designation and 
certification of One-Stop operators, and the award of grants or 
contracts to eligible providers of

[[Page 18698]]

youth activities, and on request, minutes of formal meetings of the 
Local Board. (WIA sec. 117.)


Sec. 661.310  Under what limited conditions may a Local Board directly 
be a provider of core services, intensive services, or training 
services, or act as a One-Stop Operator?

    (a) A Local Board may not directly provide core services, or 
intensive services, or be designated or certified as a One-Stop 
operator, unless agreed to by the chief elected official and the 
Governor.
    (b) A Local Board is prohibited from providing training services, 
unless the Governor grants a waiver in accordance with the provisions 
in WIA section 117(f)(1). The waiver shall apply for not more than one 
year and may be renewed for not more than one additional year.
    (c) The restrictions on the provision of core, intensive, and 
training services by the Local Board, and designation or certification 
as One-Stop operator, also apply to staff of the Local Board. (WIA sec. 
117(f)(1) and (f)(2).)


Sec. 661.315  Who are the required members of the Local Workforce 
Investment Boards?

    (a) The membership of Local Board must be selected in accordance 
with criteria established under WIA section 117(b)(1) and must meet the 
requirements of WIA section 117(b)(2). The Local Board must contain two 
or more members representing the categories described in WIA section 
117(b)(2)(A)(ii)-(v), and special consideration must be given to the 
entities identified in WIA section 117(b)(2)(A)(ii), (iv) and (v) in 
the selection of members representing those categories. The Local Board 
must contain at least one member representing each One-Stop partner.
    (b) The membership of Local Boards may include individuals or 
representatives of other appropriate entities, including entities 
representing individuals with multiple barriers to employment and other 
special populations, as determined by the chief elected official.
    (c) Members who represent organizations, agencies or other entities 
must be individuals with optimum policy making authority within the 
entities they represent.
    (d) A majority of the members of the Local Board must be 
representatives of business in the local area. Members representing 
business must be individuals who are owners, chief executive officers, 
chief operating officers, or other individuals with optimum 
policymaking or hiring authority. Business representatives serving on 
Local Boards may also serve on the State Board.
    (e) Chief elected officials must appoint the business 
representatives from among individuals who are nominated by local 
business organizations and business trade associations. Chief elected 
officials must appoint the labor representatives from among individuals 
who are nominated by local labor federations (or, for a local area in 
which no employees are represented by such organizations, other 
representatives of employees). (WIA sec. 117(b).)


Sec. 661.320  Who must chair a Local Board?

    The Local Board must elect a chairperson from among the business 
representatives on the board. (WIA sec. 117(b)(5).)


Sec. 661.325  What criteria will be used to establish membership of the 
Local Board?

    The Local Board is appointed by the chief elected official(s) in 
the local area in accordance with State criteria established under WIA 
section 117(b), and is certified by the Governor every two years, in 
accordance with WIA section 117(c)(2). The criteria for certification 
must be described in the State Plan. (WIA sec. 117(c).)


Sec. 661.330  Under what circumstances may the State use an alternative 
entity as the local workforce investment board?

    (a) The State may use any local entity that meets the requirements 
of WIA section 117(i) to perform the functions of the Local Board. WIA 
section 117(i) requires that such entity:
    (1) Was established to serve the local area (or the service 
delivery area that most closely corresponds to the local area);
    (2) Was in existence on December 31, 1997;
    (3)(i) Is a Private Industry Council established under to section 
102 of the Job Training Partnership Act, as in effect on December 31, 
1997; or
    (ii) Is substantially similar to the Local Board described in WIA 
section 117 (a), (b), and (c) and (h)(1) and (2); and
    (4) Includes, at a minimum, two or more representatives of business 
in the local area and two or more representatives of labor 
organizations nominated by local labor federations or employees in the 
local area.
    (b)(1) If the Governor certifies an alternative entity to perform 
the functions of the Local Board; the State workforce investment plan 
must demonstrate that the alternative entity meets the requirements of 
WIA section 117(i), set forth in paragraph (a) of this section.
    (2) If the alternative entity does not provide for representative 
membership of each of the categories of required Local Board membership 
under WIA section 117(b), the local workforce investment plan must 
explain the manner in which the Local Board will ensure an ongoing role 
for any such group in the local workforce investment system.
    (c) If the membership structure of an alternative entity is 
significantly changed after December 31, 1997, the entity will no 
longer be eligible to perform the functions of the Local Board. In such 
case, the chief elected official(s) must establish a new Local Board 
which meets all of the criteria of WIA section 117(a), (b), and (c) and 
(h)(1) and (2). A significant change in the membership structure does 
not mean the filling of a vacancy on the alternative entity, but does 
include any change in the organization of the alternative entity or in 
the categories of entities represented on the alternative entity that 
requires a change to the alternative entity's charter or a similar 
document that defines the formal organization of the alternative 
entity.
    (d) In these regulations, all references to the Local Board must be 
deemed to also apply to an alternative entity used by a local area. 
(WIA sec. 117(i).)


Sec. 661.335  What is a youth council, and what is its relationship to 
the Local Board?

    (a) A youth council must be established as a subgroup within each 
Local Board.
    (b) The membership of each youth council must include:
    (1) Members of the Local Board, such as educators, employers, and 
representatives of human service agencies, who have special interest or 
expertise in youth policy;
    (2) Members who represent service agencies, such as juvenile 
justice and local law enforcement agencies;
    (3) Members who represent local public housing authorities;
    (4) Parents of eligible youth seeking assistance under subtitle B 
of title I of WIA;
    (5) Individuals, including former participants, and members who 
represent organizations, that have experience relating to youth 
activities; and
    (6) Members who represent the Job Corps, if a Job Corps Center is 
located in the local area represented by the council.
    (c) Youth councils may include other individuals, who the chair of 
the Local Board, in cooperation with the chief elected official, 
determines to be appropriate.

[[Page 18699]]

    (d) Members of the youth council who are not members of the Local 
Board must be voting members of the youth council and nonvoting members 
of the Local Board.


Sec. 661.340  What are the responsibilities of the youth council?

    The youth council is responsible for:
    (a) Coordinating youth activities in a local area;
    (b) Developing portions of the local plan related to eligible 
youth, as determined by the chairperson of the Local Board;
    (c) Recommending eligible youth service providers in accordance 
with WIA section 123, subject to the approval of the Local Board;
    (d) Conducting oversight with respect to eligible providers of 
youth activities in the local area, subject to the approval of the 
Local Board; and
    (e) Carrying out other duties, as authorized by the chairperson of 
the Local Board, such as establishing linkages with educational 
agencies and other youth entities.


Sec. 661.345  What are the requirements for the submission of the local 
workforce investment plan?

    (a) WIA section 118 requires that each Local Board, in partnership 
with the appropriate chief elected officials, develops and submits a 
comprehensive five-year plan to the Governor which identifies and 
describes certain policies, procedures and local activities that are 
carried out in the local area, and that is consistent with the State 
Plan.
    (b) The Local Board must provide an opportunity for public comment 
on and input into the development of the local workforce investment 
plan prior to its submission, and the opportunity for public comment on 
the local plan must:
    (1) Make copies of the proposed local plan available to the public 
(through such means as public hearings and local news media);
    (2) Include an opportunity for comment by members of the Local 
Board and members of the public, including representatives of business 
and labor organizations;
    (3) Provide at least a thirty (30) day period for comment, 
beginning on the date on which the proposed plan is made available, 
prior to its submission to the Governor; and
    (4) Be consistent with the requirement, in WIA section 117(e), that 
the Local Board make information about the plan available to the public 
on a regular basis through open meetings.
    (c) The Local Board must submit any comments that express 
disagreement with the plan to the Governor along with the plan.


Sec. 661.350  What are the contents of the local workforce investment 
plan?

    (a) The local workforce investment plan must meet the requirements 
of WIA section 118(b). The plan must include:
    (1) An identification of the workforce investment needs of 
businesses, job-seekers, and workers in the local area;
    (2) An identification of current and projected employment 
opportunities and job skills necessary to obtain such opportunities;
    (3) A description of the One-Stop delivery system to be established 
or designated in the local area, including:
    (i) How the Local Board will ensure continuous improvement of 
eligible providers of services and ensure that such providers meet the 
employment needs of local employers and participants; and
    (ii) A copy of the local memorandum(s) of understanding between the 
Local Board and each of the One-Stop partners concerning the operation 
of the local One-Stop delivery system;
    (4) A description of the local levels of performance negotiated 
with the Governor and the chief elected official(s) to be used by the 
Local Board for measuring the performance of the local fiscal agent 
(where appropriate), eligible providers, and the local One-Stop 
delivery system;
    (5) A description and assessment of the type and availability of 
adult and dislocated worker employment and training activities in the 
local area, including a description of the local ITA system and the 
procedures for ensuring that exceptions to the use of ITA's, if any, 
are justified under WIA section 134(d)(4)(G)(ii) and 20 CFR 663.430;
    (6) A description of how the Local Board will coordinate local 
activities with Statewide rapid response activities;
    (7) A description and assessment of the type and availability of 
youth activities in the local area, including an identification of 
successful providers of such activities;
    (8) A description of the process used by the Local Board to provide 
opportunity for public comment, including comment by representatives of 
business and labor organizations, and input into the development of the 
local plan, prior to the submission of the plan;
    (9) An identification of the fiscal agent, or entity responsible 
for the disbursal of grant funds;
    (10) A description of the competitive process to be used to award 
grants and contracts for activities carried out under this subtitle I 
of WIA, including the process to be used to procure training services 
that are made as exceptions to the Individual Training Account process 
(WIA sec. 134(d)(4)(G)),
    (11) A description of the criteria to be used by the Governor and 
the Local Board, under 20 CFR 663.600, to determine whether funds 
allocated to a local area for adult employment and training activities 
under WIA sections 133(b)(2)(A) or (3) are limited, and the process by 
which any priority will be applied by the One-Stop operator;
    (12) In cases where an alternate entity functions as the Local 
Board, the information required at Sec. 661.330(b), and
    (13) Such other information as the Governor may require.
    (b) The Governor must review completed plans and must approve all 
such plans within ninety days of their submission, unless the Governor 
determines in writing that:
    (1) There are deficiencies identified in local workforce investment 
activities carried out under this subtitle that have not been 
sufficiently addressed; or
    (2) The plan does not comply with title I of WIA and these 
regulations, including the required consultations and public comment 
provisions.
    (c) In cases where the State is a single local area:
    (1) The Secretary performs the roles assigned to the Governor as 
they relate to local planning activities.
    (2) The Secretary issues planning guidance for such States.
    (3) The requirements found in WIA and in these regulations for 
consultation with chief elected officials apply to the development of 
State and local plans and to the development and operation of the One-
Stop delivery system.


Sec. 661.355  When must a local plan be modified?

    The Governor must establish procedures governing the modification 
of local plans. Situations in which modifications may be required by 
the Governor include significant changes in local economic conditions, 
changes in the financing available to support WIA title I and partner-
provided WIA services, changes to the Local Board structure, or a need 
to revise strategies to meet performance goals.

Subpart D--Waivers and Work-Flex


Sec. 661.400  What is the purpose of the General Statutory and 
Regulatory Waiver Authority provided at section 189(i)(4) of the 
Workforce Investment Act?

    (a) The purpose of the general statutory and regulatory waiver 
authority is to provide flexibility to States and local areas and 
enhance their

[[Page 18700]]

ability to improve the statewide workforce investment system.
    (b) A waiver may be requested to address impediments to the 
implementation of a strategic plan, including the continuous 
improvement strategy, consistent with the key reform principles of WIA. 
These key reform principles include:
    (1) Streamlining services and information to participants through a 
One-Stop delivery system;
    (2) Empowering individuals to obtain needed services and 
information to enhance their employment opportunities;
    (3) Ensuring universal access to core employment-related services;
    (4) Increasing accountability of States, localities and training 
providers for performance outcomes;
    (5) Establishing a stronger role for Local Boards and the private 
sector;
    (6) Providing increased State and local flexibility to implement 
innovative and comprehensive workforce investment systems; and
    (7) Improving youth programs through services which emphasize 
academic and occupational learning.


Sec. 661.410  What provisions of WIA and the Wagner-Peyser Act may be 
waived, and what provisions may not be waived?

    (a) The Secretary may waive any of the statutory or regulatory 
requirements of subtitles B and E of title I of WIA, except for 
requirements relating to:
    (1) Wage and labor standards;
    (2) Non-displacement protections;
    (3) Worker rights;
    (4) Participation and protection of workers and participants;
    (5) Grievance procedures and judicial review;
    (6) Nondiscrimination;
    (7) Allocation of funds to local areas;
    (8) Eligibility of providers or participants;
    (9) The establishment and functions of local areas and local 
boards; and
    (10) Procedures for review and approval of State and Local plans; 
and
    (b) The Secretary may waive any of the statutory or regulatory 
requirements of sections 8 through 10 of the Wagner-Peyser Act (29 
U.S.C. 49g--49i) except for requirements relating to:
    (1) The provision of services to unemployment insurance claimants 
and veterans; and
    (2) Universal access to the basic labor exchange services without 
cost to job seekers.
    (c) The Secretary does not intend to waive any of the statutory or 
regulatory provisions essential to the key reform principles embodied 
in the Workforce Investment Act, described in Sec. 661.400, except in 
extremely unusual circumstances where the provision can be demonstrated 
as impeding reform. (WIA sec. 189(i).)


Sec. 661.420  Under what conditions may a Governor request, and the 
Secretary approve, a general waiver of statutory or regulatory 
requirements under section 189(i)(4)?

    (a) A Governor may request a general waiver in consultation with 
appropriate chief elected officials:
    (1) By submitting a waiver plan which may accompany the State's WIA 
5-year strategic Plan; or
    (2) After a State's WIA Plan is approved, by directly submitting a 
waiver plan.
    (b) A Governor's waiver request may seek waivers for the entire 
State or for one or more local areas.
    (c) A Governor requesting a general waiver must submit to the 
Secretary a plan to improve the Statewide workforce investment system 
that:
    (1) Identifies the statutory or regulatory requirements for which a 
waiver is requested and the goals that the State or local area, as 
appropriate, intends to achieve as a result of the waiver and how those 
goals relate to the Strategic Plan goals;
    (2) Describes the actions that the State or local area, as 
appropriate, has undertaken to remove State or local statutory or 
regulatory barriers;
    (3) Describes the goals of the waiver and the expected programmatic 
outcomes if the request is granted;
    (4) Describes the individuals affected by the waiver; and
    (5) Describes the processes used to:
    (i) Monitor the progress in implementing the waiver;
    (ii) Provide notice to any Local Board affected by the waiver; and
    (iii) Provide any Local Board affected by the waiver an opportunity 
to comment on the request.
    (d) The Secretary issues a decision on a waiver request within 90 
days after the receipt of the original waiver request.
    (e) The Secretary will approve a waiver request if and only to the 
extent that:
    (1) The Secretary determines that the requirements for which a 
waiver is requested impede the ability of either the State or local 
area to implement the State's plan to improve the Statewide workforce 
investment system;
    (2) The Secretary determines that the waiver plan meets all of the 
requirements of WIA section 189(i)(4) and Secs. 661.400-661.420 of this 
subpart; and
    (3) The State has executed a memorandum of understanding with the 
Secretary requiring the State to meet, or ensure that the local area 
meets, agreed-upon outcomes and to implement other appropriate measures 
to ensure accountability.
    (g) The Secretary will issue guidelines under which the States may 
request general waivers of WIA and Wagner-Peyser requirements. (WIA 
sec. 189(i).)


Sec. 661.430  Under what conditions may the Governor submit a Workforce 
Flexibility Plan?

    (a) A State may submit to the Secretary, and the Secretary may 
approve, a workforce flexibility (work-flex) plan under which the State 
is authorized to waive, in accordance with the plan:
    (1) Any of the statutory or regulatory requirements under title I 
of WIA applicable to local areas, if the local area requests the waiver 
in a waiver application, except for:
    (i) Requirements relating to the basic purposes of title I of WIA;
    (ii) Wage and labor standards;
    (iii) Grievance procedures and judicial review;
    (iv) Nondiscrimination;
    (v) Eligibility of participants;
    (vi) Allocation of funds to local areas;
    (vii) Establishment and functions of local areas and local boards;
    (viii) Review and approval of local plans;
    (ix) Worker rights, participation, and protection; and
    (x) Any of the statutory provisions essential to the key reform 
principles embodied in the Workforce Investment Act, described in 
Sec. 661.400.
    (2) Any of the statutory or regulatory requirements applicable to 
the State under sec. 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 
49g-49i), except for requirements relating to:
    (i) The provision of services to unemployment insurance claimants 
and veterans; and
    (ii) Universal access to basic labor exchange services without cost 
to job seekers; and
    (3) Any of the statutory or regulatory requirements under the Older 
Americans Act of 1965 (OAA) (42 U.S.C. 3001 et seq.), applicable to 
State agencies on aging with respect to activities carried out using 
funds allotted under OAA section 506(a)(3) (42 U.S.C. 3056d(a)(3)), 
except for requirements relating to:
    (i) The basic purposes of OAA;
    (ii) Wage and labor standards;
    (iii) Eligibility of participants in the activities; and
    (iv) Standards for agreements.
    (b) A State's workforce flexibility plan may accompany the State's 
five-year

[[Page 18701]]

Strategic Plan or may be submitted separately. If it is submitted 
separately, the workforce flexibility plan must identify related 
provisions in the State's five-year Strategic Plan.
    (c) A workforce flexibility plan submitted under paragraph (a) of 
this section must include descriptions of:
    (1) The process by which local areas in the State may submit and 
obtain State approval of applications for waivers;
    (2) The statutory and regulatory requirements of title I of WIA 
that are likely to be waived by the State under the workforce 
flexibility plan;
    (3) The statutory and regulatory requirements of sections 8 through 
10 of the Wagner-Peyser Act that are proposed for waiver, if any;
    (4) The statutory and regulatory requirements of the Older 
Americans Act of 1965 that are proposed for waiver, if any;
    (5) The outcomes to be achieved by the waivers described in 
paragraphs (c) (1) to (4) of this section # including, where 
appropriate, revisions to adjusted levels of performance included in 
the State or local plan under title I of WIA; and
    (6) The measures to be taken to ensure appropriate accountability 
for Federal funds in connection with the waivers.
    (d) The Secretary may approve a workforce flexibility plan for a 
period of up to five years.
    (e) Before submitting a workforce flexibility plan to the Secretary 
for approval, the State must provide adequate notice and a reasonable 
opportunity for comment on the proposed waiver requests under the 
workforce flexibility plan to all interested parties and to the general 
public.
    (f) The Secretary will issue guidelines under which States may 
request designation as a work-flex State.


Sec. 661.440  What limitations apply to the State's Workforce 
Flexibility Plan authority under WIA?

    (a)(1) Under work-flex waiver authority a State must not waive the 
WIA, Wagner-Peyser or Older Americans Act requirements which are 
excepted from the work-flex waiver authority and described in 
Sec. 661.430(a).
    (2) Requests to waive statutory and regulatory requirements of 
title I of WIA applicable at the State level may not be granted under 
work-flex waiver authority granted to a State. Such requests may only 
be granted by the Secretary under the general waiver authority 
described at Secs. 661.410-661.420 of this subpart.
    (b) As required in Sec. 661.430(c)(5), States must address the 
outcomes to result from work-flex waivers as part of its workforce 
flexibility plan. Once approved, a State's work-flex designation is 
conditioned on the State demonstrating it has met the agreed-upon 
outcomes contained in its workforce flexibility plan.

PART 662--DESCRIPTION OF THE ONE-STOP SYSTEM UNDER TITLE I OF THE 
WORKFORCE INVESTMENT ACT

Subpart A--General Description of the One-Stop Delivery System

Sec.
662.100  What is the One-Stop delivery system?

Subpart B--One-Stop Partners and the Responsibilities of Partners

662.200  Who are the required One-Stop partners?
662.210  What other entities may serve as One-Stop partners?
662.220  What entity serves as the One-Stop partner for a particular 
program in the local area?
662.230  What are the responsibilities of the required One-Stop 
partners?
662.240  What are a program's applicable core services?
662.250  Where and to what extent must required One-Stop partners 
make core services available?
662.260  What services, in addition to the applicable core services, 
are to be provided by One-Stop partners through the One-Stop 
delivery system?
662.270  How are the costs of providing services through the One-
Stop delivery system and the operating costs of the system to be 
funded?
662.280  Does title I require One-Stop partners to use their funds 
for individuals who are not eligible for the partner's program or 
for services that are not authorized under the partner's program?

Subpart C--Memorandum of Understanding for the One-Stop Delivery System

662.300  What is the Memorandum of Understanding?
662.310  Is there a single MOU for the local area or are there to be 
separate MOU's between the Local Board and each partner?

Subpart D--One-Stop Operators

662.400  Who is the One-Stop operator?
662.410  How is the One-Stop operator selected?
662.420  Under what limited conditions may the Local Board be 
designated or certified as the One-Stop operator?
662.430  Under what conditions may existing One-Stop delivery 
systems be certified to act as the One-Stop operator?

    Authority: Section 506(c), Pub. L. 105-220; 20 U.S.C. 9276(c).

Subpart A--General Description of One-Stop Delivery System


Sec. 662.100  What is the One-Stop delivery system?

    (a) In general, the One-Stop delivery system is a system under 
which entities responsible for administering separate workforce 
investment, educational, and other human resource programs and funding 
streams (referred to as One-Stop partners) collaborate to create a 
seamless system of service delivery that will enhance access to the 
programs' services and improve long-term employment outcomes for 
individuals receiving assistance.
    (b) Title I of WIA assigns responsibilities at the local, State and 
Federal level to ensure the creation and maintenance of a One-Stop 
delivery system that enhances the range and quality of workforce 
development services that are accessible to individuals seeking 
assistance.
    (c) The system must include at least one comprehensive physical 
center in each local area that must provide the core services specified 
in WIA section 134(d)(2), and must provide access to other programs and 
activities carried out by the One-Stop partners.
    (d) While each local area must have at least one comprehensive 
center (and may have additional comprehensive centers), WIA section 
134(c) allows for arrangements to supplement the center. These 
arrangements may include:
    (1) A network of affiliated sites that can provide one or more 
partners' programs, services and activities at each site;
    (2) A network of One-Stop partners through which each partner 
provides services that are linked, physically or technologically, to an 
affiliated site that assures individuals are provided information on 
the availability of core services in the local area; and
    (3) Specialized centers that address specific needs, such as those 
of dislocated workers.
    (e) The design of the local area's One-Stop delivery system, 
including the number of comprehensive centers and the supplementary 
arrangements, must be described in the local plan and be consistent 
with the memorandum of understanding executed with the One-Stop 
partners.

Subpart B--One-Stop Partners and the Responsibilities of Partners


Sec. 662.200  Who are the required One-Stop partners?

    (a) WIA section 121(b)(1) identifies the entities that are required 
partners in the local One-Stop systems.

[[Page 18702]]

    (b) The required partners are the entities that carry out:
    (1) Programs authorized under title I of WIA, serving:
    (i) Adults;
    (ii) Dislocated workers;
    (iii) Youth;
    (iv) Job Corps;
    (v) Native American programs;
    (vi) Migrant and seasonal farmworker programs; and
    (vii) Veterans' workforce programs; (WIA sec. 121(b)(1)(B)(i).)
    (2) Programs authorized under the Wagner-Peyser Act (29 U.S.C. 49 
et seq.); (WIA sec. 121(b)(1)(B)(ii).)
    (3) Adult education and literacy activities authorized under title 
II of WIA; (WIA sec. 121(b)(1)(B)(iii).)
    (4) Vocational rehabilitation programs authorized under parts A and 
B of title I of the Rehabilitation Act (29 U.S.C. 720 et seq.); (WIA 
sec. 121(b)(1)(B)(iv).)
    (5) Welfare-to-work programs authorized under sec. 403(a)(5) of the 
Social Security Act (42 U.S.C. 603(a)(5) et seq.); (WIA sec. 
121(b)(1)(B)(v).)
    (6) Senior community service employment activities authorized under 
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.); 
(WIA sec. 121(b)(1)(B)(vi).)
    (7) Postsecondary vocational education activities under the Carl D. 
Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 
et seq.); (WIA sec. 121(b)(1)(B)(vii).)
    (8) Trade Adjustment Assistance and NAFTA Transitional Adjustment 
Assistance activities authorized under chapter 2 of title II of the 
Trade Act of 1974 (19 U.S.C. 2271 et seq.); (WIA sec. 
121(b)(1)(B)(viii).)
    (9) Activities authorized under chapter 41 of title 38, U.S.C. 
(local veterans' employment representatives and disabled veterans 
outreach programs); (WIA sec. 121(b)(1)(B)(ix).)
    (10) Employment and training activities carried out under the 
Community Services Block Grant (42 U.S.C. 9901 et seq.); (WIA sec. 
121(b)(1)(B)(x).)
    (11) Employment and training activities carried out by the 
Department of Housing and Urban Development; (WIA sec. 
121(b)(1)(B)(xi).) and
    (12) Programs authorized under State unemployment compensation laws 
(in accordance with applicable Federal law); (WIA sec. 
121(b)(1)(B)(xii).)


Sec. 662.210  What other entities may serve as One-Stop partners?

    (a) WIA provides that other entities that carry out a human 
resource program, including Federal, State, or local programs and 
programs in the private sector may serve as additional partners in the 
One-Stop system if the Local Board and chief elected official(s) 
approve the entity's participation.
    (b) Additional partners may include:
    (1) TANF programs authorized under part A of title IV of the Social 
Security Act (42 U.S.C. 601 et seq.);
    (2) Employment and training programs authorized under section 
6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4));
    (3) Work programs authorized under section 6(o) of the Food Stamp 
Act of 1977 (7 U.S.C. 2015(o));
    (4) Programs authorized under the National and Community Service 
Act of 1990 (42 U.S.C. 12501 et seq.); and
    (5) other appropriate programs, including programs related to 
transportation and housing. (WIA section 121(b)(2).)


Sec. 662.220  What entity serves as the One-Stop partner for a 
particular program in the local area?

    (a) The ``entity'' that carries out the program and activities 
listed in Secs. 662.200 and 662.210 of this subpart, and, therefore, 
serves as the One-Stop partner is the grant recipient, administrative 
entity or organization responsible for administering the funds of the 
specified program in the local area. The term ``entity'' does not 
include the service providers that contract with or are subrecipients 
of the local administrative entity. For programs that do not include 
local administrative entities, the responsible State Agency should be 
the partner. Specific entities for specific programs are identified in 
paragraph (b) of this section.
    (b)(1) For title II of WIA, the entity that carries out the program 
for the purposes of paragraph (a) of this section is the State eligible 
entity. The State eligible entity may designate an eligible provider as 
the ``entity'' for this purpose;
    (2) For title I, Part A, of the Rehabilitation Act, the entity that 
carries out the program for the purposes of paragraph (a) of this 
section is the designated State agency or designated unit specified 
under section 101(a)(2) that is primarily concerned with vocational 
rehabilitation, or vocational and other rehabilitation, of individuals 
with disabilities; and
    (3) Under WIA, the national programs, including Job Corps, the WIA 
Indian and Native American program, the Migrant and Seasonal 
Farmworkers program, and the Veterans' Workforce Investment program, 
are required One-Stop partners. Local Boards must include them in the 
One-Stop delivery system where they are present in their local area. In 
local areas where the national programs are not present, States and 
Local Boards should take steps to ensure that customer groups served by 
these programs have access to services through the One-Stop delivery 
system.


Sec. 662.230  What are the responsibilities of the required One-Stop 
partners?

    All required partners must:
    (a) Make available to participants through the One-Stop delivery 
system the core services that are applicable to the partner's programs; 
(WIA section 121(b)(1)(A).)
    (b) Use a portion of funds made available to the partner's program, 
to the extent not inconsistent with the Federal law authorizing the 
partner's program, to:
    (1) Create and maintain the One-Stop delivery system; and
    (2) Provide core services; (WIA sec. 134(d)(1)(B).)
    (c) Enter into a memorandum of understanding (MOU) with the Local 
Board relating to the operation of the One-Stop system that meets the 
requirements of Sec. 662.300, including a description of services, how 
the cost of the identified services and operating costs of the system 
will be funded, and methods for referrals (WIA sec. 121(c));
    (d) Participate in the operation of the One-Stop system consistent 
with the terms of the MOU and requirements of authorizing laws; (WIA 
sec. 121(b)(1)(B).) and
    (e) Serve as a representative on the local workforce investment 
board. (WIA sec. 117(b)(2)(A)(vi).)


Sec. 662.240  What are a program's applicable core services?

    (a) The core services applicable to any One-Stop partner program 
are those services described in paragraph (b) of this section, that are 
authorized and provided under the partner's program.
    (b) The core services identified in section 134(d)(2) of the WIA 
are:
    (1) Determinations of whether the individuals are eligible to 
receive assistance under subtitle B of title I of WIA;
    (2) Outreach, intake (which may include worker profiling), and 
orientation to the information and other services available through the 
One-Stop delivery system;
    (3) Initial assessment of skill levels, aptitudes, abilities, and 
supportive service needs;
    (4) Job search and placement assistance, and where appropriate, 
career counseling;
    (5) Provision of employment statistics information, including the 
provision of

[[Page 18703]]

accurate information relating to local, regional, and national labor 
market areas, including--
    (i) Job vacancy listings in such labor market areas;
    (ii) Information on job skills necessary to obtain the listed jobs; 
and
    (iii) Information relating to local occupations in demand and the 
earnings and skill requirements for such occupations;
    (6) Provision of program performance information and program cost 
information on:
    (i) Eligible providers of training services described in WIA 
section 122;
    (ii) Eligible providers of youth activities described in WIA 
section 123;
    (iii) Providers of adult education described in title II;
    (iv) Providers of postsecondary vocational education activities and 
vocational education activities available to school dropouts under the 
Carl D. Perkins Vocational and Applied Technology Education Act (20 
U.S.C. 2301 et seq.); and
    (v) Providers of vocational rehabilitation program activities 
described in title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 
et seq.);
    (7) Provision of information on how the local area is performing on 
the local performance measures and any additional performance 
information with respect to the One-Stop delivery system in the local 
area;
    (8) Provision of accurate information relating to the availability 
of supportive services, including, at a minimum, child care and 
transportation, available in the local area, and referral to such 
services, as appropriate;
    (9) Provision of information regarding filing claims for 
unemployment compensation;
    (10) Assistance in establishing eligibility for--
    (i) Welfare-to-work activities authorized under section 403(a)(5) 
of the Social Security Act (42 U.S.C. 603(a)(5)) available in the local 
area; and
    (ii) Programs of financial aid assistance for training and 
education programs that are not funded under this Act and are available 
in the local area; and
    (11) Followup services, including counseling regarding the 
workplace, for participants in workforce investment activities 
authorized under subtitle (B) of title I of WIA who are placed in 
unsubsidized employment, for not less than 12 months after the first 
day of the employment, as appropriate.


Sec. 662.250  Where and to what extent must required One-Stop partners 
make core services available?

    (a) At a minimum, the core services that are applicable to the 
program of the partner under Sec. 662.220, and that are in addition to 
the basic labor exchange services traditionally provided in the local 
area under the Wagner-Peyser program, must be made available at the 
comprehensive One-Stop center. These services must be made available to 
individuals attributable to the partner's program who seek assistance 
at the center. The adult and dislocated worker program partners are 
required to make all of the core services listed in Sec. 662.240 
available at the center in accordance with 20 CFR 663.100(b)(1).
    (b) The applicable core services may be made available by the 
provision of appropriate technology at the comprehensive One-Stop 
center, by co-locating personnel at the center, cross-training of 
staff, or through a cost reimbursement or other agreement between 
service providers at the comprehensive One-Stop center and the partner, 
as described in the MOU.
    (c) The responsibility of the partner for the provision of core 
services must be proportionate to the use of the services at the 
comprehensive One-Stop center by the individuals attributable to the 
partner's program. The specific method of determining each partner's 
proportionate responsibility must be described in the MOU.
    (d) For purposes of this part, individuals attributable to the 
partner's program may include individuals who are referred through the 
comprehensive One-Stop center and enrolled in the partner's program 
after the receipt of core services, who have been enrolled in the 
partner's program prior to receipt of the applicable core services at 
the center, who meet the eligibility criteria for the partner's program 
and who receive an applicable core service, or who meet an alternative 
definition described in the MOU.
    (e) Under the MOU, the provision of applicable core services at the 
Center by the One-Stop partner may be supplemented by the provision of 
such services through the networks of affiliated sites and networks of 
One-Stop partners described in WIA section 134(c)(2).


Sec. 662.260  What services, in addition to the applicable core 
services, are to be provided by One-Stop partners through the One-Stop 
delivery system?

    In addition to the provision of core services, One-Stop partners 
must provide access to the other activities and programs carried out 
under the partner's authorizing laws. The access to these services must 
be described in the local MOU. 20 CFR part 663 describes the specific 
requirements relating to the provision of core, intensive, and training 
services through the One-Stop system that apply to the adult and the 
dislocated worker programs authorized under title I of WIA. Additional 
requirements apply to the provision of all labor exchange services 
under the Wagner-Peyser Act. (WIA sec. 134(c)(1)(D).)


Sec. 662.270  How are the costs of providing services through the One-
Stop delivery system and the operating costs of the system to be 
funded?

    The MOU must describe the particular funding arrangements for 
services and operating costs of the One-Stop delivery system. Each 
partner must contribute a fair share of the operating costs of the One-
Stop delivery system proportionate to the use of the system by 
individuals attributable to the partner's program. There are a number 
of methods, consistent with the requirements of the relevant OMB 
circulars, that may be used for allocating costs among the partners. 
Some of these methodologies include allocations based on direct 
charges, cost pooling, indirect cost rates and activity-based cost 
allocation plans. Additional guidance relating to cost allocation 
methods may be issued by the Department in consultation with the other 
appropriate Federal agencies.


Sec. 662.280  Does title I require One-Stop partners to use their funds 
for individuals who are not eligible for the partner's program or for 
services that are not authorized under the partner's program?

    No. The requirements of the partner's program continue to apply. 
The Act intends to create a seamless service delivery system for 
individuals seeking workforce development services by linking the One-
Stop partners in the One-Stop delivery system. While the overall effect 
is to provide universal access to core services, the resources of each 
partner may only be used to provide services that are authorized and 
provided under the partner's program to individuals who are eligible 
under such program. (WIA sec. 121(b)(1).)

Subpart C--Memorandum of Understanding of the One-Stop Delivery 
System


Sec. 662.300  What is the Memorandum of Understanding?

    (a) The Memorandum of Understanding (MOU) is an agreement developed 
and executed between the Local Board, with the agreement of the

[[Page 18704]]

chief elected official, and the One-Stop partners relating to the 
operation of the One-Stop delivery system in the local area.
    (b) The MOU must contain the provisions required by WIA section 
121(c)(2). These provisions cover services to be provided through the 
One-Stop delivery system; the funding of the services and operating 
costs of the system; and methods for referring individuals between the 
One-Stop operators and partners. The MOU's provisions also must 
determine the duration and procedures for amending the MOU, and may 
contain any other provisions that are consistent with WIA title I and 
these regulations agreed to by the parties. (WIA sec. 121(c).)


Sec. 662.310  Is there a single MOU for the local area or are there to 
be separate MOU's between the Local Board and each partner?

    (a) A single ``umbrella'' MOU may be developed that addresses the 
issues relating to the local One-Stop delivery system for the Local 
Board and all partners, or the Local Board and the partners may decide 
to enter into separate agreements between the Local Board and one or 
more partners. Under either approach, the requirements described in 
Sec. 662.310 apply. Since funds are generally appropriated annually, 
financial agreements may be negotiated with each partner annually to 
clarify funding of services and operating costs of the system under the 
MOU.
    (b) WIA emphasizes full and effective partnerships between Local 
Boards and One-Stop partners. Local Boards and partners must enter into 
good-faith negotiations. Local Boards and partners may request 
assistance from a State agency responsible for administering the 
partner program, the Governor, State Board, or other appropriate 
parties. The State agencies, the State Board, and the Governor may also 
consult with the appropriate Federal agencies to address impasse 
situations after exhausting other alternatives. The Local Board and 
partners must document the negotiations and efforts that have taken 
place. Any failure to execute an MOU between a Local Board and a 
required partner must be reported by the Local Board and the required 
partner to the Governor or State Board, and the State agency 
responsible for administering the partner's program, and by the 
Governor or the State Board and the responsible State agency to the 
Secretary of Labor and to the head of any other Federal agency with 
responsibility for oversight of a partner's program. (WIA sec. 121(c).)
    (c) If an impasse has not been resolved through the alternatives 
available under this section any partner that fails to execute an MOU 
may not be permitted to serve on the Local Board. In addition, any 
local area in which a Local Board has failed to execute an MOU with all 
of the required partners is not eligible for State incentive grants 
awarded on the basis of local coordination of activities under 20 CFR 
665.200(d)(2).

Subpart D--One-Stop Operators


Sec. 662.400  Who is the One-Stop operator?

    (a) The One-Stop operator is the entity that performs the role 
described in paragraph (c) of this section. The types of entities that 
may be selected to be the One-Stop operator include:
    (1) A postsecondary educational institution;
    (2) An Employment Service agency established under the Wagner-
Peyser Act on behalf of the local office of the agency;
    (3) A private, nonprofit organization (including a community-based 
organization);
    (4) A private for-profit entity;
    (5) A government agency; and
    (6) Another interested organization or entity.
    (b) One-Stop operators may be a single entity or a consortium of 
entities and may operate one or more One-Stop centers. In addition, 
there may be more than one One-Stop operator in a local area.
    (c) The agreement between the Local Board and the One-Stop operator 
shall specify the operator's role. That role may range between simply 
coordinating service providers within the center to being the primary 
provider of services within the center. (WIA sec. 121(d).)


Sec. 662.410  How is the One-Stop operator selected?

    (a) The Local Board, with the agreement of the chief elected 
official, must designate and certify One-Stop operators in each local 
area.
    (b) The One-Stop operator is designated or certified:
    (1) Through a competitive process, or
    (2) Under an agreement between the Local Board and a consortium of 
entities that includes at least three or more of the required One-Stop 
partners identified at Sec. 662.200. (WIA sec. 121(d).)


Sec. 662.420  Under what limited conditions may the Local Board be 
designated or certified as the One-Stop operator?

    (a) The Local Board may be designated or certified as the One-Stop 
operator only with the agreement of the chief elected official and the 
Governor.
    (b) The designation or certification must be made publicly, in 
accordance with the requirements of the ``sunshine provision'' in WIA 
section 117(e), and must be reviewed whenever the biennial 
certification of the Local Board is made under 20 CFR 663.300(a). (WIA 
sec. 117(f)(2).)


Sec. 662.430  Under what conditions may existing One-Stop delivery 
systems be certified to act as the One-Stop operator?

    Under WIA section 121(e), the Local Board, the chief elected 
official and the Governor may agree to certify an entity as a One-Stop 
operator under the following circumstances:
    (a) A One-Stop delivery system, consistent with the scope and 
meaning of the term in WIA section 134(c), existed in the local area 
prior to August 7, 1998;
    (b) The certification is consistent with the requirements of:
    (1) WIA section 121(b) and;
    (2) the Memorandum(s) of Understanding; and
    (c) The certification must be made publicly, in accordance with the 
``sunshine provision'' at WIA section 117(e). (WIA section 121(e).)

PART 663--ADULT AND DISLOCATED WORKER ACTIVITIES UNDER TITLE I OF 
THE WORKFORCE INVESTMENT ACT

Subpart A-- Delivery of Adult and Dislocated Worker Services Through 
the One-Stop Delivery System

Sec.
663.100  What is the role of the adult and dislocated worker program 
in the One-Stop delivery system?
663.105  When must adults and dislocated workers be registered?
663.110  What are the eligibility criteria for adults in the adult 
and dislocated worker program?
663.115  What are the eligibility criteria for dislocated workers in 
the Adult and Dislocated worker program?
663.120  Are displaced homemakers eligible for dislocated worker 
activities under WIA?
663.145  What services are WIA title I adult and dislocated workers 
formula funds used to provide?
663.150  What core services must be provided to adults and 
dislocated workers?
663.155  How are core services delivered?
663.160  Are there particular core services an individual must 
receive before receiving intensive services under WIA section 
134(d)(3)?
663.165  How long must an individual be in core services in order to 
be eligible for intensive services?

Subpart B--Intensive Services

663.200  What are intensive services for adults and dislocated 
workers?
663.210  How are intensive services delivered?

[[Page 18705]]

663.220  Who may receive intensive services?
663.230  What criteria must be used to determine whether an employed 
worker needs intensive services to obtain or retain employment 
leading to ``self-sufficiency?
663.240  Are there particular intensive services an individual must 
receive prior to receiving training services under WIA section 
134(d)(4)(A)(i)?
663.245  What is the individual employment plan?
663.250  How long must an individual participant be in intensive 
services to be eligible for training services?

Subpart C--Training Services

663.300  What are training services for adults and dislocated 
workers ?
663.310  Who may receive training services?
663.320  What are the requirements for coordination of WIA training 
funds and other grant assistance?

Subpart D--Individual Training Accounts

663.400  How are training services provided?
663.410  What is an Individual Training Account?
663.420  Can the duration and amount of ITA's be limited?
663.430  Under what circumstances may mechanisms other than ITA's be 
used to provide training services?
663.440  What are the requirements for consumer choice?

Subpart E--Eligible Training Providers

663.500  What is the purpose of this subpart?
663.505  What are eligible providers of training services?
663.508  What is a ``program of training services''?
663.510  Who is responsible for managing the eligible provider 
process?
663.515  What is the process for initial determination of provider 
eligibility?
663.530  Is there a time limit on the period of initial eligibility 
for training providers?
663.535  What is the process for determination of the subsequent 
eligibility of a provider?
663.540  What kind of performance and cost information is required 
for determinations of subsequent eligibility?
663.550  How is eligible provider information developed and 
maintained?
663.555  How is the State list disseminated?
663.565  May an eligible training provider lose its eligibility?
663.570  What is the consumer reports system?
663.575  In what ways can a Local Board supplement the information 
available from the State list?
663.585  May individuals choose training providers located outside 
of the local area?
663.590  May a community-based organization (CBO) be included on an 
eligible provider list?
663.595  What requirements apply to providers of OJT and customized 
training?

Subpart F--Priority and Special Populations

663.600  What priority must be given to low-income adults and public 
assistance recipients served with adult funds under title I?
663.610  Does the priority for use of adult funds also apply to 
dislocated worker funds?
663.620  How do the Welfare-to-Work program and the TANF program 
relate to the One-Stop delivery system?
663.630  How does a displaced homemaker qualify for services under 
title I?
663.640  May a disabled individual whose family does not meet income 
eligibility criteria under the Act be eligible for priority as a low 
income adult?

Subpart G--On-the-Job Training (OJT) and Customized Training

663.700  What are the requirements for on-the-job training (OJT)?
663.705  What are the requirements for OJT contracts for employed 
workers?
663.710  What conditions govern OJT payments to employers?
663.715  What is customized training?
663.720  What are the requirements for customized training for 
employed workers?

Subpart H--Supportive Services

663.800  What are supportive services for adults and dislocated 
workers?
663.805  When may supportive services be provided to participants?
663.810  Are there limits on the amounts or duration of funds for 
supportive services?
663.815  What are needs-related payments?
663.820  What are the eligibility requirements for adults to receive 
needs-related payments?
663.825  What are the eligibility requirements for dislocated 
workers to receive needs-related payments?
663.830  May needs-related payments be paid while a participant is 
waiting to start training classes?
663.840  How is the level of needs-related payments determined?

    Authority: Section 506(c), Pub. L. 105-220; 20 U.S.C. 9276(c).

Subpart A--Delivery of Adult and Dislocated Worker Services through 
the One-Stop Delivery System


Sec. 663.100  What is the role of the adult and dislocated worker 
program in the One-Stop delivery system?

    (a) The One-Stop system is the basic delivery system for adult and 
dislocated worker services. Through this system, adults and dislocated 
workers can access a continuum of services. The services are organized 
into three levels: core, intensive, and training.
    (b) The chief elected official or his/her designee(s), as the local 
grant recipient(s) for the adult and dislocated worker programs, is a 
required One-Stop partner and is subject to the provisions relating to 
such partners described in 20 CFR part 662. Consistent with those 
provisions:
    (1) Core services for adults and dislocated workers must be made 
available in at least one comprehensive One-Stop center in each local 
workforce investment area. Services may also be available elsewhere, 
either at affiliated sites or at specialized centers. For example, 
specialized centers may be established to serve workers being 
dislocated from a particular employer or industry, or to serve 
residents of public housing.
    (2) The One-Stop centers also make intensive services available to 
adults and dislocated workers, as needed, either by the One-Stop 
operator directly or through contracts with service providers that are 
approved by the Local Board.
    (3) Through the One-Stop system, adults and dislocated workers 
needing training are provided Individual Training Accounts (ITA's) and 
access to lists of eligible providers of training. These lists contain 
quality consumer information, including cost and performance 
information for each of the providers, so that participants can make 
informed choices on where to use their ITA's. (ITA's are more fully 
discussed in subpart D of this part.)


Sec. 663.105  When must adults and dislocated workers be registered?

    (a) Registration is the process for collecting information for 
supporting a determination of eligibility. This information may be 
collected through methods that include electronic data transfer, 
personal interview, or an individual's application.
    (b) Adults and dislocated workers who receive services funded under 
title I other than self-service or informational activities must be 
registered and determined eligible.
    (c) EEO data must be collected on individuals during the 
registration process.


Sec. 663.110  What are the eligibility criteria for adults in the adult 
and dislocated worker program?

    To be an eligible adult in the adult and dislocated worker program, 
an individual must be 18 years of age or older. To be eligible for the 
dislocated worker program, an eligible adult must meet the criteria of 
Sec. 663.115 of this subpart.

[[Page 18706]]

Sec. 663.115  What are the eligibility criteria for dislocated workers 
in the adult and dislocated worker program?

    (a) To be an eligible dislocated worker in the adult and dislocated 
worker program, an individual must meet the definition of ``dislocated 
worker'' at WIA section 101(9).
    (b) Governors and Local Boards may establish policies and 
procedures for One-Stop operators to use in determining an individual's 
eligibility as a dislocated worker, consistent with the definition at 
WIA section 101(9). These policies and procedures may address such 
conditions as:
    (1) What constitutes a ``general announcement'' of plant closing 
under WIA section 101(9)(B)(ii) or (iii); and (2) What constitutes 
``unemployed as a result of general economic conditions in the 
community in which the individual resides or because of natural 
disasters' for determining the eligibility of self-employed 
individuals, including family members and farm or ranch hands, under 
WIA section 101(9)(C).


Sec. 663.120  Are displaced homemakers eligible for dislocated worker 
activities under WIA?

    (a) Yes. There are two significant differences from the eligibility 
requirements under the Job Training Partnership Act.
    (b) Under the dislocated worker program in JTPA, displaced 
homemakers are defined as ``additional dislocated workers'' and are 
only eligible to receive services if the Governor determines that 
providing such services would not adversely affect the delivery of 
services to the other eligible dislocated workers. Under WIA section 
101(9), displaced homemakers who meet the definition at WIA section 
101(10) are eligible dislocated workers without any additional 
determination.
    (c) The definition of displaced homemaker under JTPA included 
individuals who had been dependent upon public assistance under Aid for 
Families with Dependent Children (AFDC) as well as those who had been 
dependent on the income of another family member. The definition in WIA 
section 101(10) includes only those individuals who were dependent on a 
family member's income. Those individuals who have been dependent on 
public assistance may be served in the adult program.


Sec. 663.145  What services are WIA title I adult and dislocated 
workers formula funds used to provide?

    (a) WIA title I formula funds allocated to local areas for adults 
and dislocated workers must be used to provide core, intensive and 
training services through the One-Stop delivery system. Local Boards 
determine the most appropriate mix of these services, but all three 
types must be available for both adults and dislocated workers.
    (b) WIA title I funds may also be used to provide the other 
services described in WIA section 134(e):
    (1) Discretionary One-Stop delivery activities, including:
    (i) Customized screening and referral of qualified participants in 
training services to employment; and
    (ii) Customized employment-related services to employers on a fee-
for-service basis that are in addition to labor exchange services 
available to employers under the Wagner-Peyser Act.
    (2) Supportive services, including needs-related payments, as 
described in subpart H of this part.


Sec. 663.150  What core services must be provided to adults and 
dislocated workers?

    (a) At a minimum, all of the core services described in WIA section 
134(d)(2) and 20 CFR 662.220 must be provided in each local area 
through the One-Stop delivery system.
    (b) Followup services must be made available, for a minimum of 12 
months following the first day of employment, to registered 
participants who are placed in unsubsidized employment.


Sec. 663.155  How are core services delivered?

    Core services must be provided through the One-Stop delivery 
system. Core services may be provided directly by the One-Stop operator 
or through contracts with service providers that are approved by the 
Local Board. The Local Board may only be a provider of core services 
when approved by the chief elected official and the Governor in 
accordance with the requirements of WIA section 117(f)(2) and 20 CFR 
661.310.


Sec. 663.160  Are there particular core services an individual must 
receive before receiving intensive services under WIA section 
134(d)(3)?

    (a) Yes. At a minimum, an individual must receive at least one core 
service, such as an initial assessment or job search and placement 
assistance, before receiving intensive services. The initial assessment 
determines the individual's skill levels, aptitudes, and supportive 
services needs. The job search and placement assistance helps the 
individual determine whether he or she is unable to obtain employment, 
and thus requires more intensive services to obtain employment. The 
decision on which core services to provide, and the timing of their 
delivery, may be made on a case-by-case basis at the local level 
depending upon the needs of the participant.
    (b) A determination of the need for intensive services under 
Sec. 663.220, as established by the initial assessment or the 
individual's inability to obtain employment through the core services 
provided, must be contained in the participant's case file.


Sec. 663.165  How long must an individual be in core services in order 
to be eligible for intensive services?

    There is no Federally-required minimum time period for 
participation in core services before receiving intensive services. 
[WIA section 134(d)(3).]

Subpart B--Intensive Services


Sec. 663.200  What are intensive services for adults and dislocated 
workers?

    (a) Intensive services are listed in WIA section 134(d)(3)(C). The 
list in the Act is not all-inclusive and other intensive services, such 
as out-of-area job search assistance, literacy activities related to 
basic workforce readiness, relocation assistance, internships, and work 
experience may be provided, based on an assessment or individual 
employment plan.
    (b) For the purposes of paragraph (a) of this section, work 
experience is a planned, structured learning experience that takes 
place in a workplace for a limited period of time. Work experience may 
be paid or unpaid, as appropriate. A work experience workplace may be 
in the private for profit sector, the non-profit sector, or the public 
sector.


Sec. 663.210  How are intensive services delivered?

    (a) Intensive services must be provided through the One-Stop 
delivery system. Intensive services may be provided directly by the 
One-Stop operator or through contracts with service providers that are 
approved by the Local Board. (WIA secs. 117(d)(2)(D) and 134(d)(3)(B).)
    (b) The Local Board may only be a provider of intensive services 
when approved by the chief elected official and the Governor in 
accordance with WIA section 117(f)(2) and 20 CFR 661.310.


Sec. 663.220  Who may receive intensive services?

    There are two categories of adults and dislocated workers who may 
receive intensive services:
    (a) Adults and dislocated workers who are unemployed, have received 
at least one core service and are unable to obtain employment through 
core

[[Page 18707]]

services, and are determined by a One-Stop operator to be in need of 
more intensive services to obtain employment; and
    (b) Adults and dislocated workers who are employed, have received 
at least one core service, and are determined by a One-Stop operator to 
be in need of intensive services to obtain or retain employment that 
leads to self-sufficiency, as described in Sec. 663.230.


Sec. 663.230  What criteria must be used to determine whether an 
employed worker needs intensive services to obtain or retain employment 
leading to ``self-sufficiency''?

    State Boards or Local Boards must set the criteria for determining 
whether employment leads to self-sufficiency. At a minimum, such 
criteria must provide that self-sufficiency means employment that pays 
at least the lower living standard income level, as defined in WIA 
section 101(24). Self-sufficiency for a dislocated worker may be 
defined in relation to a percentage of the layoff wage.


Sec. 663.240  Are there particular intensive services an individual 
must receive prior to receiving training services under WIA section 
134(d)(4)(A)(i)?

    (a) Yes. At a minimum, an individual must receive at least one 
intensive service, such as development of an individual employment plan 
with a case manager or individual counseling and career planning, 
before the individual may receive training services.
    (b) The case file must contain a determination of need for training 
services under Sec. 663.310, as identified in the individual employment 
plan, comprehensive assessment, or through any other intensive service 
received.


Sec. 663.245  What is the individual employment plan?

    The individual employment plan is an ongoing strategy jointly 
developed by the participant and the case manager that identifies the 
participant's employment goals, the appropriate achievement objectives, 
and the appropriate combination of services for the participant to 
achieve the employment goals.


Sec. 663.250  How long must an individual participant be in intensive 
services to be eligible for training services?

    There is no Federally-required minimum time period for 
participation in intensive services before receiving training services. 
(WIA section 134(d)(4)(A)(i).)

Subpart C--Training Services


Sec. 663.300  What are training services for adults and dislocated 
workers?

    Training services are listed in WIA section 134(d)(4)(D). The list 
in the Act is not all-inclusive and additional training services may be 
provided.


Sec. 663.310  Who may receive training services?

    Training services may be made available to employed and unemployed 
adults and dislocated workers who:
    (a) Have met the eligibility requirements for intensive services, 
have received at least one intensive service under Sec. 663.240, and 
have been determined to be unable to obtain or retain employment 
through such services;
    (b) After an interview, evaluation, or assessment, and case 
management, have been determined by a One-Stop operator or One-Stop 
partner, to be in need of training services and to have the skills and 
qualifications to successfully complete the selected training program;
    (c) Select a program of training services that is directly linked 
to the employment opportunities either in the local area or in another 
area to which the individual is willing to relocate;
    (d) Are unable to obtain grant assistance from other sources to pay 
the costs of such training, including Federal Pell Grants established 
under title IV of the Higher Education Act of 1965, or require WIA 
assistance in addition to other sources of grant assistance, including 
Federal Pell Grants (provisions relating to fund coordination are found 
at Sec. 663.320 and WIA section 134(d)(4)(B)); and
    (e) For individuals whose services are provided through the adult 
funding stream, are determined eligible in accordance with the State 
and local priority system, if any, in effect for adults under WIA 
section 134(d)(4)(E) and Sec. 663.600. [WIA section 134(d)(4)(A).]


Sec. 663.320  What are the requirements for coordination of WIA 
training funds and other grant assistance?

    (a) WIA funding for training is limited to participants who:
    (1) Are unable to obtain grant assistance from other sources to pay 
the costs of their training; or
    (2) Require assistance beyond that available under grant assistance 
from other sources to pay the costs of such training. Program operators 
and training providers must coordinate funds available to pay for 
training as described in paragraphs (b) and (c) of this section.
    (b) Program operators must coordinate training funds available and 
make funding arrangements with One-Stop partners and other entities to 
apply the provisions of paragraph (a) of this section. Training 
providers must consider the availability of Pell Grants and other 
sources of grants to pay for training costs, so that WIA funds 
supplement other sources of training grants.
    (c) A WIA participant may enroll in WIA-funded training while his/
her application for a Pell Grant is pending as long as the One-Stop 
operator has made arrangements with the training provider and the WIA 
participant regarding allocation of the Pell Grant, if it is 
subsequently awarded. In that case, the training provider must 
reimburse the One-Stop operator the WIA funds used to underwrite the 
training for the amount the Pell Grant covers. Reimbursement is not 
required from the portion of Pell Grant assistance disbursed to the WIA 
participant for education-related expenses. (WIA section 134(d)(4)(B).)

Subpart D--Individual Training Accounts


Sec. 663.400  How are training services provided?

    Except under the three conditions described in WIA section 
134(d)(4)(G)(ii) and Sec. 663.430(a), the Individual Training Account 
(ITA) is established for eligible individuals to finance training 
services. Local Boards may only provide training services under 
Sec. 663.430 if they receive a waiver from the Governor and meet the 
requirements of 20 CFR 661.310 and WIA section 117(f)(1). (WIA section 
134(d)(4)(G).)


Sec. 663.410  What is an Individual Training Account?

    The ITA is established on behalf of a participant. WIA title I 
adult and dislocated workers purchase training services from eligible 
providers they select in consultation with the case manager. Payments 
from ITA's may be made in a variety of ways, including the electronic 
transfer of funds through financial institutions, vouchers, or other 
appropriate methods. Payments may also be made incrementally; through 
payment of a portion of the costs at different points in the training 
course. (WIA section 134(d)(4)(G).)


Sec. 663.420  Can the duration and amount of ITA's be limited?

    (a) Yes. The State or Local Board may impose limits on ITA's, such 
as limitations on the dollar amount and/or duration.
    (b) Limits to ITA's may be established in different ways:

[[Page 18708]]

    (1) There may be a limit for an individual participant that is 
based on the needs identified in the individual employment plan; or
    (2) There may be a policy decision by the State Board or Local 
Board to establish a range of amounts and/or a maximum amount 
applicable to all ITA's.
    (c) Limitations established by State or Local Board policies must 
be described in the State or Local Plan, respectively, but should not 
be implemented in a manner that undermines the Act's requirement that 
training services are provided in a manner that maximizes customer 
choice in the selection of an eligible training provider.


Sec. 663.430  Under what circumstances may mechanisms other than ITA's 
be used to provide training services?

    (a) Contracts for services may be used instead of ITA's only when 
one of the following three exceptions applies:
    (1) When the services provided are on-the-job training (OJT) or 
customized training;
    (2) When the Local Board determines that there are an insufficient 
number of eligible providers in the local area to accomplish the 
purpose of a system of ITA's. The Local Plan must describe the process 
to be used in selecting the providers under a contract for services. 
This process must include a public comment period for interested 
providers of at least 30 days;
    (3) When the Local Board determines that there is a training 
services program of demonstrated effectiveness offered in the area by a 
community-based organization (CBO) or another private organization to 
serve special participant populations that face multiple barriers to 
employment, as described in paragraph (b) in this section. The Local 
Board must develop criteria to be used in determining demonstrated 
effectiveness, particularly as it applies to the special participant 
population to be served. The criteria may include:
    (i) Financial stability of the organization;
    (ii) Demonstrated performance in measures appropriate to the 
program including program completion rate; attainment of the skills, 
certificates or degrees the program is designed to provide; placement 
after training in unsubsidized employment; and retention in employment; 
and
    (iii) How the specific program relates to the workforce investment 
needs identified in the local plan.
    (b) Under paragraph (a)(3) of this section, special participant 
populations that face multiple barriers to employment are populations 
of low-income individuals that are included in one or more of the 
following categories:
    (1) Individuals with substantial language or cultural barriers;
    (2) Offenders;
    (3) Homeless individuals; and
    (4) Other hard-to-serve populations as defined by the Governor.


Sec. 663.440  What are the requirements for consumer choice?

    (a) Training services, whether under ITA's or under contract, must 
be provided in a manner that maximizes informed consumer choice in 
selecting an eligible provider.
    (b) Each Local Board, through the One-Stop center, must make 
available to customers the State list of eligible providers required in 
WIA section 122(e). The list includes a description of the programs 
through which the providers may offer the training services, the 
information identifying eligible providers of on-the-job training and 
customized training required under WIA section 122(h) (where 
applicable), and the performance and cost information about eligible 
providers of training services described in WIA sections 122(e) and 
(h).
    (c) An individual who has been determined eligible for training 
services under Sec. 663.310 may select a provider described in 
paragraph (b) of this section after consultation with a case manager. 
Unless the program has exhausted funds for the program year, the 
operator must refer the individual to the selected provider, and 
establish an ITA for the individual to pay for training. For purposes 
of this paragraph, a referral may be carried out by providing a voucher 
or certificate to the individual to obtain the training.
    (d) The cost of referral of an individual with an ITA to a training 
provider is paid by the applicable adult or dislocated worker program 
under title I of WIA.

Subpart E--Eligible Training Providers


Sec. 663.500  What is the purpose of this subpart?

    The workforce investment system established under WIA emphasizes 
informed customer choice, system performance, and continuous 
improvement. The eligible provider process is part of the strategy for 
achieving these goals. Local Boards, in partnership with the State, 
identify training providers whose performance qualifies them to receive 
WIA funds to train adults and dislocated workers. After receiving core 
and intensive services and in consultation with case managers, eligible 
participants who need training use the list of these eligible providers 
to make an informed choice. The ability of providers to successfully 
perform, the procedures State and Local Boards use to establish 
eligibility, and the degree to which information, including performance 
information, on those providers is made available to customers eligible 
for training services, are key factors affecting the successful 
implementation of the Statewide workforce investment system. This 
subpart describes the process for determining eligible training 
providers.


Sec. 663.505  What are Eligible Providers of Training Services?

    (a) Eligible providers of training services are described in WIA 
section 122. They are those entities eligible to receive WIA title I-B 
funds to provide training services to eligible adult and dislocated 
worker customers.
    (b) In order to provide training services under WIA title I-B, a 
provider must meet the requirements of this subpart and WIA section 
122.
    (1) These requirements apply to the use of WIA title I adult and 
dislocated worker funds to provide training:
    (i) To individuals using ITA's to access training through the 
eligible provider list; and
    (ii) To individuals for training provided through the exceptions to 
ITA's described at Sec. 663.430(a)(2) and (a)(3).
    (2) These requirements apply to all organizations providing 
training to adult and dislocated workers, including:
    (i) Postsecondary educational institutions providing a program 
described in section 122(a)(2)(A)(ii);
    (ii) Entities that carry out programs under the National 
Apprenticeship Act (29 U.S.C. 50 et seq.);
    (iii) Other public or private providers of a program of training 
services described in WIA section 122(a)(2)(C);
    (iv) Local Boards, if they meet the conditions of WIA section 
117(f)(1), and
    (v) Community-based organizations and other private organizations 
providing training under Sec. 663.430.
    (c) Provider eligibility procedures must be established by the 
Governor, as required by this subpart. Different procedures are 
described in WIA for determinations of ``initial'' and ``subsequent'' 
eligibility. Because the processes are different, they are discussed 
separately.


Sec. 663.508  What is a ``program of training services''?

    A program of training services is:
    (a) One or more courses or classes that, upon successful 
completion, leads to:

[[Page 18709]]

    (1) A certificate, an associate degree, or baccalaureate degree, or
    (2) A competency or skill recognized by employers, or
    (b) A training regimen that provides individuals with additional 
skills or competencies generally recognized by employers.


Sec. 663.510  Who is responsible for managing the eligible provider 
process?

    (a) The State and the Local Boards each have responsibilities for 
managing the eligible provider process.
    (b) The Governor must establish eligibility criteria for certain 
providers to become initially eligible and must set minimum levels of 
performance for all providers to remain subsequently eligible.
    (c) The Governor must designate a State agency (called ``designated 
State agency'') to assist in carrying out WIA section 122. The 
designated State agency is responsible for:
    (1) Developing and maintaining the State list of eligible 
providers, which is comprised of lists submitted by Local Boards;
    (2) Verifying the accuracy of the information on the State list, in 
consultation with the Local Boards, removing providers who do not meet 
program performance levels, and taking appropriate enforcement actions, 
against providers in the case of the intentional provision of 
inaccurate information, as described in WIA section 122(f)(1), and in 
the case of a substantial violation of the requirements of WIA, as 
described in WIA section 122(f)(2);
    (3) Disseminating the State list, accompanied by performance and 
cost information relating to each provider, to One-Stop operators 
throughout the State.
    (d) The Local Board must:
    (1) Accept applications for initial eligibility from certain 
postsecondary institutions and entities providing apprenticeship 
training;
    (2) Carry out procedures prescribed by the Governor to assist in 
determining the initial eligibility of other providers;
    (3) Carry out procedures prescribed by the Governor to assist in 
determining the subsequent eligibility of all providers;
    (4) Compile a local list of eligible providers, collect the 
performance and cost information and any other required information 
relating to providers;
    (5) Submit the local list and information to the designated State 
agency;
    (6) Ensure the dissemination and appropriate use of the State list 
through the local One-Stop system;
    (7) Consult with the designated State agency in cases where 
termination of an eligible provider is contemplated because inaccurate 
information has been provided; and
    (8) Work with the designated State agency in cases where the 
termination of an eligible provider is contemplated because of 
violations of the Act.
    (e) The Local Board may:
    (1) Make recommendations to the Governor on the procedures to be 
used in determining initial eligibility of certain providers;
    (2) Increase the levels of performance required by the State for 
local providers to maintain subsequent eligibility;
    (3) Require additional verifiable program-specific information from 
local providers to maintain subsequent eligibility.


Sec. 663.515  What is the process for initial determination of provider 
eligibility?

    (a) For postsecondary educational institutions that are eligible to 
receive assistance under title IV of the Higher Education Act, and that 
provide a program that leads to an associate or baccalaureate degree or 
certificate, and for entities carrying out apprenticeship programs 
registered under the National Apprenticeship Act to be initially 
eligible to receive adult or dislocated worker training funds under 
title I of WIA, the institution or entity must submit an application to 
the Local Board(s) for the local area(s) in which the provider desires 
to provide training services that describes each program of training 
services, as defined in Sec. 663.508, that leads to such a degree or 
certificate or is registered under the National Apprenticeship Act.
    (b) Local Boards determine the procedures to use in making an 
application under paragraph (a) of this section. The Local Board 
procedures must specify the timing, manner, and contents of the 
required application.
    (c) For other providers,
    (1) The Governor must develop a procedure for use by Local Boards 
for determining the eligibility of other providers, after
    (i) Soliciting and taking into consideration recommendations from 
Local Boards and providers of training services within the State; and
    (ii) Providing an opportunity for interested members of the public, 
including representatives of business and labor organizations, to 
submit comments on the procedure.
    (2) The procedure must be described in the State Plan.
    (3)(i) The procedure must require that the provider must submit an 
application to the Local Board at such time and in such manner as may 
be required, which contains a description of the program of training 
services;
    (ii) If the provider provides a program of training services on the 
date of application, the procedure must require that the application 
include an appropriate portion of the performance information and 
program cost information described in Sec. 663.540 of this subpart, and 
that the program meet appropriate levels of performance;
    (iii) If the provider does not provide a program of training 
services on that date, the procedure must require that the provider 
meet appropriate requirements specified in the procedure. (WIA section 
122(b)(2)(D).)
    (4) Programs of training services provided by postsecondary 
educational institutions that do not lead to an associate or 
baccalaureate degree or certificate and apprenticeship programs that 
are not registered under the National Apprenticeship Act must be 
determined initially eligible under the provisions of this paragraph 
(c).
    (d) The Local Board must include providers that meet the 
requirements of paragraphs (a) and (c) of this section on a local list 
and submit the list to the designated State agency. The State agency 
has 30 days to verify the information relating to the providers under 
paragraph (c) of this section. After the agency verifies that the 
provider meets the criteria for initial eligibility, or 30 days have 
elapsed, whichever occurs first, the provider is initially eligible as 
a provider of training services. The providers submitted under 
paragraph (a) of this section are initially eligible without State 
agency review. (WIA section 122(e).)


Sec. 663.530  Is there a time limit on the period of initial 
eligibility for training providers?

    Yes. Under WIA section 122(c)(5), the Governor must require 
training providers to submit performance information and meet 
performance levels annually in order to remain eligible providers. 
States may require that these performance requirements be met one year 
from the date that initial eligibility was determined, or may require 
all eligible providers to submit performance information by the same 
date each year. If the latter approach is adopted, the Governor may 
exempt eligible providers whose determination of initial eligibility 
occurs within six months of the date of submissions. The effect of this 
requirement is that no training provider may have a period of initial 
eligibility that exceeds eighteen months.

[[Page 18710]]

Sec. 663.535  What is the process for determination of the subsequent 
eligibility of a provider?

    (a) The Governor must develop a procedure for the Local Board to 
use in determining the subsequent eligibility of all eligible training 
providers determined initially eligible under Sec. 663.515 (a) and (c), 
after:
    (1) Soliciting and taking into consideration recommendations from 
Local Boards and providers of training services within the State, and
    (2) Providing an opportunity for interested members of the public, 
including representatives of business and labor organizations, to 
submit comments on such procedure.
    (b) The procedure must be described in the State Plan.
    (c) The procedure must require that:
    (1) Providers annually submit performance and cost information as 
described at WIA sections 122(d)(1) and (2), for each program of 
training services for which the provider has been determined to be 
eligible, in a time and manner determined by the Local Board;
    (2) Providers annually meet minimum performance levels described at 
WIA section 122(c)(6).
    (d) The provider's performance information must meet the minimum 
acceptable levels established under paragraph (c)(2) of this section to 
remain eligible;
    (e) Local Boards may require higher levels of performance for local 
providers than the levels specified in the procedures established by 
the Governor. (WIA sections 122(c)(5) and (c)(6).)
    (f) The State procedure must require Local Boards to take into 
consideration:
    (1) The specific economic, geographic and demographic factors in 
the local areas in which providers seeking eligibility are located, and
    (2) The characteristics of the populations served by providers 
seeking eligibility, including the demonstrated difficulties in serving 
these populations, where applicable.
    (g) The Local Board retains those providers on the local list that 
meet the required performance levels and other elements of the State 
procedures and submits the list, accompanied by the performance and 
cost information, and any additional required information, to the 
designated State agency. If the designated State agency determines 
within 30 days from the receipt of the information that the provider 
does not meet the performance levels established under paragraph (c)(2) 
of this section, the provider may be removed from the list. A provider 
retained on the local list and not removed by the designated State 
agency is considered an eligible provider of training services.


Sec. 663.540  What kind of performance and cost information is required 
for determinations of subsequent eligibility?

    (a) Eligible providers of training services must submit, at least 
annually, under procedures established by the Governor under 
Sec. 663.535(c):
    (1) Verifiable program-specific performance information, including:
    (i) The information described in WIA section 122(d)(1)(A)(i) for 
all individuals participating in the programs of training services, 
including individuals who are not receiving assistance under WIA 
section 134 and individuals who are receiving such assistance; and
    (ii) The information described in WIA section 122(d)(1)(A)(ii) 
relating only to individuals receiving assistance under the WIA adult 
and dislocated worker program who are participating in the applicable 
program of training services; and
    (2) Information on program costs (such as tuition and fees) for WIA 
participants in the program.
    (b) Governors may require any additional verifiable performance 
information (such as the information described at WIA section 
122(d)(2)) that the Governor determines to be appropriate to obtain 
subsequent eligibility, including information regarding all 
participating individuals as well as individuals receiving assistance 
under the WIA adult and dislocated worker program.
    (c) If the additional information required under paragraph (b) of 
this section imposes extraordinary costs on providers, or if providers 
experience extraordinary costs in the collection of information,
    (1) The Governor or Local Board must provide access to cost-
effective methods for the collection of the information; or
    (2) The Governor must provide additional resources to assist 
providers in the collection of the information from funds for Statewide 
workforce investment activities reserved under WIA sections 128(a) and 
133(a)(1).
    (d) The Local Board and the designated State agency may accept 
program-specific performance information consistent with the 
requirements for eligibility under title IV of the Higher Education Act 
of 1965 from a provider for purposes of enabling the provider to 
fulfill the applicable requirements of this section, if the information 
is substantially similar to the information otherwise required under 
this section.


Sec. 663.550  How is eligible provider information developed and 
maintained?

    (a) The designated State agency must maintain a list of all 
eligible training providers in the State (the ``State list'').
    (b) The State list is a compilation of the eligible providers 
identified or retained by local areas and that have not been removed 
under Sec. 663.535(c) and 663.565.
    (c) The State list must be accompanied by the performance and cost 
information contained in the local lists as required by 
Sec. 663.535(e). (WIA section 122(e)(4)(A).)


Sec. 663.555  How is the State list disseminated?

    (a) The designated State agency must disseminate the State list and 
accompanying performance and cost information to the One-Stop delivery 
systems within the State.
    (b) The State list and information must be updated at least 
annually.
    (c) The State list and accompanying information form the primary 
basis of the One-Stop consumer reports system that provides for 
informed customer choice. The list and information must be widely 
available, through the One-Stop delivery system, to customers seeking 
information on training outcomes, as well as participants in employment 
and training activities funded under WIA and other programs.
    (1) The State list must be made available to individuals who have 
been determined eligible for training services under Sec. 663.310.
    (2) The State list must also be made available to customers whose 
training is supported by other One-Stop partners.


Sec. 663.565  May an eligible training provider lose its eligibility?

    (a) Yes. A training provider must deliver results and provide 
accurate information in order to retain its status as an eligible 
training provider.
    (b) If the provider does not meet the established performance 
levels, it will be removed from the eligible provider list.
    (1) A Local Board must determine, during the subsequent eligibility 
determination process, whether a provider meets performance levels. If 
the provider fails to meet such levels, the provider must be removed 
from the local list.
    (2) The designated State agency upon receipt of the performance 
information accompanying the local list, may remove a provider from the 
State list if the agency determines the provider failed to meet the 
levels of performance prescribed under Sec. 663.535(c).
    (3) Providers determined to have intentionally supplied inaccurate


[[Continued on page 18711]]

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