20 C.F.R. Subpart B—General Program and Administrative Requirements
Title 20 - Employees' Benefits
This subpart provides general program and administrative requirements for WtW formula funds, including Governors' funds for long-term recipients of assistance, and for competitive grant funding (section 403(a)(5)). The terms “entity” and “project”, in the statutory phrase “an entity that operates a project”, means: (a) For WtW substate formula funds: (1) “Entity” means the PIC, local board (or the alternate administering agency designated by the Governor and approved by the Secretary pursuant to §645.400 of this part) which administers the WtW substate formula funds in a local area(s). This entity is referred to in §§645.211 through 645.225 of this part as the “operating entity.” (2) “Project” means all activities, administrative and programmatic, supported by the total amount of the WtW substate formula funds allotted to the entity described in section (a)(1) of this paragraph. (b) For WtW Governors' funds for long-term recipients of assistance: (1) “Entity” means the agency, group, or organization to which the Governor has distributed any of the funds for long-term recipients of assistance, as described in §645.410 (b) and (c) of this part. This entity is referred to in §§645.211 through 645.225 of this part as the “operating entity.” (2) “Project” means all activities, administrative and programmatic, supported by the total amount of one discrete award of WtW Governors' funds for long-term recipients of assistance awarded to the entity described in section (b)(1) of this paragraph. (c) For competitive WtW funds: (1) “Entity” means an eligible applicant, as described in §645.500 of this part, which is awarded a competitive WtW grant. This entity is referred to in §§645.211 through 645.225 of this part as the “operating entity.” (2) “Project” means all of the activities, administrative and programmatic, supported by the total amount of one discrete WtW competitive grant awarded to the entity described in section (c)(1) of this paragraph (section 403(a)(5)(C)). An operating entity, as described in §645.210 of this subpart, may spend not more than 30 percent of the WtW funds allotted to or awarded to the operating entity to assist individuals who meet the “other eligibles” eligibility requirements under §645.213 of this subpart. The remaining funds allotted to or awarded to the operating entity are to be spent to benefit individuals who meet the “general eligibility” and/or “noncustodial parents” eligibility requirements, under §645.212 of this subpart. (section 403(a)(5)(C) of the Act). An individual may be served under this provision if: (a)(1) (S)he is currently receiving TANF assistance under a State TANF program, and/or its predecessor program, for at least 30 months, although the months do not have to be consecutive; or (2) (S)he will become ineligible for assistance within 12 months due to either Federal or State-imposed time limits on the receipt of TANF assistance. This criterion includes individuals (as well as children of noncustodial parents) exempted from the time limits due to hardship under section 408(a)(7)(C) of the Act or due to a waiver because of domestic violence under section 402(a)(7) of the Act, who would become ineligible for assistance within 12 months without the exemption or waiver; (b) (S)he is no longer receiving TANF assistance because (s)he has reached either the Federal five-year limit or a State-imposed time limit on receipt of TANF assistance (section 403(a)(5)(C) of the Act); or (c) (S)he is a noncustodial parent of a minor child if: (1) The noncustodial parent is: (i) “Unemployed,” as defined in §645.120 of this part, (ii) “Underemployed,” as defined by the State in consultation with local boards and WtW competitive grantees, or (iii) “Having difficulty paying child support obligations,” as defined by the State in consultation with local boards and WtW competitive grantees and the State Child Support Enforcement (IV-D) Agency, and (2) At least one of the following applies: (i) The minor child, or the custodial parent of the minor child, meets the long-term recipient of TANF requirements of paragraph (a) of this section; (ii) The minor child is receiving or is eligible for TANF benefits and services; (iii) The minor child received TANF benefits and services during the preceding year; or (iv) The minor child is receiving or eligible for assistance under the Food Stamp program, the Supplemental Security Income program, Medicaid, or the Children's Health Insurance Program; and (3) The noncustodial parent is in compliance with the terms of a written or oral personal responsibility contract meeting the requirements of §645.215 of this subpart. (d) For purposes of determining whether an individual is receiving TANF assistance in paragraphs (a)(1) of this section and §645.213(a), TANF assistance means any TANF benefits and services for the financially needy according to the appropriate income and resource criteria (if applicable) specified in the State TANF plan. Any individual may be served under this provision if (s)he: (a) Is currently receiving TANF assistance (as described in §645.212(d)) and either: (1) Has characteristics associated with, or predictive of, long-term welfare dependence, such as having dropped out of school, teenage pregnancy, or having a poor work history. States, in consultation with the operating entity, may designate additional characteristics associated with, or predictive, of long term-welfare dependence; or (2) Has significant barriers to self-sufficiency, under criteria established by the local board or alternate administering agency. (b) Was in foster care under the responsibility of the State before s(he) attained 18 years of age and is at least 18 but not 25 years of age or older at the time of application for WtW. Eligible individuals include those who were recipients of foster care maintenance payments as defined in section 475(4) under part E of the Social Security Act, or (c)(1) Is a custodial parent with income below 100 percent of the poverty line, determined in accordance with the most recent HHS Poverty Guidelines established under section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97–35), including any revisions required by such section, applicable to a family of the size involved. (2) For purposes of paragraph (c)(1) of this section, income is defined as total family income for the last six months, exclusive of unemployment compensation, child support payments, and old-age and survivors benefits received under section 202 of the Social Security Act (42 U.S.C. 402). (3) A custodial parent with a disability whose own income meets the requirements of a program described in paragraph (c)(1) or (c)(3)(i) but who is a member of a family whose income does not meet such requirements is considered to have met the requirements of paragraph (c)(1) of this section. (a) The operating entity, as described in §645.210(a)(1), (b)(1), and (c)(1) of this subpart, is accountable for ensuring that WtW funds are spent only on individuals eligible for WtW projects. (b) The operating entity must ensure that there are mechanisms in place to determine WtW eligibility for individuals who are receiving TANF assistance. These mechanisms: (1) Must include arrangements with the TANF agency to ensure that a WtW eligibility determination is based on information, current at the time of the WtW eligibility determination, about whether an individual is receiving TANF assistance, the length of receipt of TANF assistance, and when an individual may become ineligible for assistance, pursuant to §§645.212 and 645.213 of this part (section 403(a)(5)(I)(A)(ii)(dd)). (2) May include a determination of WtW eligibility for characteristics of long-term welfare dependence and for significant barriers to self-sufficiency under §645.213(a) of this subpart, based on information collected by the operating entity and/or the TANF agency up to six months prior to the WtW eligibility determination. (c) The operating entity must ensure that there are mechanisms in place to determine WtW eligibility for individuals who have reached the time limit on receipt of TANF, under §645.212(b) of this subpart; individuals who are not receiving TANF assistance (i.e., noncustodial parents under §645.212(c) of this subpart; individuals who are former foster care recipients under §645.213(b) of this subpart, and low-income custodial parents under §645.213(c) of this subpart). The mechanisms for establishing noncustodial parent eligibility must include a process for applying the preference required under §645.215(a) of this subpart, and may include an objective standard to be used as a presumptive determination for establishing the eligibility of the minor child for the programs specified in §645.212(c)(2)(iv) of this subpart. (a) In programs that serve noncustodial parents, the operating entity must give preference to those noncustodial parents who qualify under §645.212(c)(2)(i) of this subpart over other noncustodial parents. The preference for admission into the program applies only to noncustodial parents and not to any other group eligible under the “general eligibility” provisions of §645.212(a) or (b) or the “other eligibles” provisions of §645.213. The preference does not require that the category of noncustodial parents eligible under §645.212(c)(2)(i) must be exhausted before any other category of eligible noncustodial parents may be served. The operating entity may establish a process that gives preference to noncustodial parents eligible under §645.212(c)(2)(i) and that also provides WtW services to noncustodial parents eligible under the other provisions of §645.212(c)(2). (b) In order to protect custodial parents and children who may be at risk of domestic violence, the operating entity must consult with domestic violence prevention and intervention organizations in the development of its WtW project serving noncustodial parents; and must not require the cooperation of the custodial parent as a condition of participation in the WtW program for either parent; and (c) The operating entity must ensure that personal responsibility contracts: (1) Take into account the employment and child support status of the noncustodial parent; (2) Include all of the following parties: (i) The noncustodial parent, (ii) The operating entity, and (iii) The agency responsible for administering the State Child Support Enforcement program as described under Title IV-D of the Act, unless the operating entity demonstrates to the Secretary of Labor with written documentation that it is not able to coordinate with the State IV-D agency; (3) Include the following elements: (i) A commitment by the noncustodial parent to cooperate: (A) In the establishment of paternity (if the participant is male) of the minor child at the earliest opportunity, through voluntary acknowledgment or other procedures, and (B) In the establishment of a child support order; (ii) A commitment by the noncustodial parent to cooperate in the payment of child support for the minor child. This commitment may include a modification of an existing support order to take into account: (A) The ability of the noncustodial parent to pay such support; and (B) The participation of the noncustodial parent in the WtW program, and (iii) A commitment by the noncustodial parent to participate in employment or related activities that will enable the noncustodial parent to make regular child support payments. For noncustodial parents who have not reached 20 years of age, such activities may include: (A) Completion of high school, (B) Earning a general equivalency degree, or (C) Participating in other education directly related to employment; (iv) A description of the services to be provided to the noncustodial parent under the WtW program; (4) Contain a commitment by the noncustodial parent to participate in the services that are described in the personal responsibility contract under paragraph (c)(3)(iv) of this section; and (5) Be entered into no later than thirty (30) days after the individual is enrolled in and is receiving services through a WtW project funded under this part, unless the operating entity has determined that good cause exists to extend this period. This extension may not extend to a date more than ninety (90) days after the individual is enrolled in and receiving services through a WtW project funded under this part. Entities operating WtW projects may use WtW funds for the following: (a) Job readiness activities, subject to the requirements of §645.221 of this subpart. (b) Vocational educational training or job training. A participant is limited to six calendar months of such training if (s)he is not also employed or participating in an employment activity, as described in paragraph (c) of this section. (c) Employment activities which consist of any of the following: (1) Community service programs; (2) Work experience programs; (3) Job creation through public or private sector employment wage subsidies; and (4) On-the-job training. (d) Job placement services subject to the requirements of §645.221 of this subpart. (e) Post-employment services which are provided after an individual is placed in one of the employment activities listed in paragraph (c) of this section, or in any other subsidized or unsubsidized job, subject to the requirements of §645.221 of this subpart. Post-employment services include such services as: (1) Basic educational skills training; (2) Occupational skills training; (3) English as a second language training; and (4) Mentoring. (f) Job retention services and support services that are provided after an individual is placed in a job readiness activity, as specified in paragraph (a) of this section; in vocational education or job training, as specified in paragraph (b) of this section; in one of the employment activities, as specified in paragraph (c) of this section, or in any other subsidized or unsubsidized job. WtW participants who are enrolled in Workforce Investment Act (WIA) or JTPA activities, such as occupational skills training, may also receive job retention and support services funded with WtW monies while they are participating in WIA activities. Job retention and support services can be provided with WtW funds only if they are not otherwise available to the participant. Job retention and support services include such services as: (1) Transportation assistance; (2) Substance abuse treatment (except that WtW funds may not be used to provide medical treatment); (3) Child care assistance; (4) Emergency or short term housing assistance; and (5) Other supportive services. (g) Individual development accounts which are established in accordance with the Act. (h) Outreach, recruitment, intake, assessment, eligibility determination, development of an individualized service strategy, and case management may be incorporated in the design of any of the allowable activities listed in paragraphs (a) through (g) of this section (section 403(a)(5)(C) of the Act). (a) Local boards and PIC's must provide the following activities and services through vouchers or contracts with public or private providers: the job readiness activities described in §645.220(a) of this subpart, the job placement services described in §645.220(d) of this subpart, and the post-employment services described in §645.220(e) of this subpart. Job placement services provided with contracts or vouchers are subject to the payment requirements at §645.230(a)(3) of this subpart. If an operating entity is not a local board or a PIC, it may provide such services directly. (b) Local boards and PIC's which are directly providing job readiness activities or job placement and/or post-employment services must conform to the requirement in paragraph (a) of this section, to provide such services through contract or voucher, by February 12, 2001. (a) Activities provided through WtW must be coordinated effectively at the State and local levels with activities being provided through TANF (section 403(a)(5)(A)(vii)(II)). (b) The operating entity must ensure that there is an assessment of skills, prior work experience, employability, and other relevant information in place for each WtW participant. Where appropriate, the assessment performed by the TANF agency or JTPA should be used for this purpose. (c) The operating entity must ensure that there is an individualized strategy for transition to unsubsidized employment in place for each participant which takes into account participant assessments, including the TANF assessment and any JTPA assessment. Where appropriate, the TANF individual responsibility plan (IRP), a WIA individual employment plan, or a JTPA individual service strategy should be used for this purpose. (d) Coordination of resources should include not only those available through WtW and TANF grant funds, and the Child Care and Development Block Grant, but also those available through other related activities and programs such as the WIA or JTPA programs (One-Stop systems), the State employment service, private sector employers, labor organizations, business and trade associations, education agencies, housing agencies, community development corporations, transportation agencies, community-based and faith-based organizations, disability community organizations, community action agencies, and colleges and universities which provide some of the assistance needed by the targeted population (section 402(a)(5)(A)). (a) Uniform fiscal and administrative requirements. (1) State, local, and Indian tribal government organizations are required to follow the common rule “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments” which is codified in the DOL regulations at 29 CFR part 97. (2) Institutions of higher education, hospitals, and other non-profit organizations and other commercial organizations are required to follow OMB Circular A–110 which is codified in the DOL regulations at 29 CFR part 95. (3) In addition to the requirements at 29 CFR 95.48 and 29 CFR 97.36(i), contracts or vouchers for job placement services supported by funds provided for this program must include a provision to require that at least one-half ( (4) In addition to the requirements at 29 CFR 95.42 and 29 CFR 97.36(b)(3) which address codes of conduct and conflict of interest issues related to employees, it is also required that: (i) A local board or alternate administering agency member shall neither cast a vote on, nor participate in, any decision making capacity on the provision of services by such member (or any organization which that member directly represents), nor on any matter which would provide any direct financial benefit to that member or a member of his immediate family; and (ii) Neither membership on the local board or alternate administering agency nor the receipt of WtW funds to provide training and related services shall be construed, by itself, to violate these conflict of interest provisions. (5) The addition method, described at 29 CFR 97.25(g)(2), is required for the use of all program income earned under WtW grants. When the cost of generating program income has been charged to the program, the gross amount earned must be added to the WtW program. However, the cost of generating program income must be subtracted from the amount earned to establish the net amount of program income available for use under the grants when these costs have not been charged to the WtW program. (6) Any excess revenue over costs incurred for services provided by a governmental or non-profit entity must be included in program income earned. (b) Audit requirements. All recipients and subrecipients of Department of Labor WtW awards must comply with the audit requirements codified at 29 CFR part 96. (1) All governmental and non-profit organizations must follow the audit requirements of OMB Circular A–133 which is codified at 29 CFR part 99. This requirement is imposed at 29 CFR 97.26 for governmental organizations and at 29 CFR 95.26 for institutions of higher education, hospitals, and other non-profit organizations. (2) The Department is responsible for audits of commercial organizations which are direct recipients of WtW grants. (3) Commercial organizations which are WtW subrecipients and which expend more than the minimum level specified in OMB Circular A–133 ($300,000 as of April 15, 1999) must have either an organization-wide audit conducted in accordance with 29 CFR part 99 or a program specific financial and compliance audit. (c) Allowable costs/cost principles. The DOL regulations at 29 CFR 95.27 and 29 CFR 97.22 identify the Federal principles for determining allowable costs which each kind of recipient and subrecipient must follow. For those selected items of cost requiring prior approval, the authority to grant or deny approval is delegated to the Governor. (1) State, local, and Indian tribal government organizations must determine allowability of costs in accordance with the provisions of OMB Circular A–87, “Cost Principles for State and Local Governments.” (2) Non-profit organizations must determine allowability of costs in accordance with OMB Circular A–122, “Cost Principles for Non-Profit Organizations.” (3) Institutions of higher education must determine allowability of costs in accordance with OMB Circular A–21, “Cost Principles for Education Institutions.” (4) Hospitals must determine allowability of costs in accordance with the provisions of Appendix E of 45 CFR Part 74, “Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals.” (5) Commercial organizations and those non-profit organizations listed in Attachment C to OMB Circular A–122 must determine allowability of costs in accordance with the provisions of the Federal Acquisition Regulation (FAR) at 48 CFR Part 31. (d) Information technology costs. In addition to the allowable cost provisions identified in §645.235 of this subpart, the costs of information technology—computer hardware and software—will only be allowable under WtW grants when such computer technology is “Year 2000 compliant.” To meet this requirement, information technology must be able to accurately process date/time data (including, but not limited to, calculating, comparing and sequencing) from, into and between the twentieth and twenty-first centuries, and the years 1999 and 2000. The information technology must also be able to make leap year calculations. Furthermore, “Year 2000 compliant” information technology when used in combination with other technology shall accurately process date/time data if the other information technology properly exchanges date/time data with it. (e) Prohibition on Construction or Purchase of Facilities. WtW federal funds may not be used to pay for the construction or purchase of facilities or buildings. (f) Prohibition on Business Start-up Costs. WtW federal funds may not be used to cover the costs of business start-up and/or capital ventures. (g) Government-wide debarment and suspension, and government-wide drug-free workplace requirements. All WtW grant recipients and subrecipients are required to comply with: (1) Government-wide requirements for debarment and suspension which are codified at 29 CFR part 98, subparts A through E; and (2) The government-wide requirements for a drug-free workplace. Recipients and subrecipients are required to comply with 29 CFR part 98, subpart F, except that the definition of “grantee” shall be read to include recipients and subrecipients. (h) Restrictions on Lobbying. All WtW grant recipients and subrecipients are required to comply with the restrictions on lobbying which are codified in the DOL regulations at 29 CFR Part 93. (i) Nondiscrimination. All WtW grant recipients and subrecipients are required to comply with the nondiscrimination provisions codified in the DOL regulations at 29 CFR parts 31 and 32. In addition, 29 CFR part 37 applies to recipients of WtW financial assistance who are also WIA recipients and applies to recipients of WtW financial assistance who operate programs that are part of the One-Stop system established under the Workforce Investment Act, to the extent that the WtW programs and activities are being conducted as part of the One-Stop delivery system. Furthermore, WtW programs that are part of larger State agencies that are recipients of WIA title I financial assistance must also comply with the provisions of 29 CFR part 37. For purposes of this paragraph, the term “recipient” has the same meaning as the term is defined in 29 CFR part 37. That part also contains participant rights related to nondiscrimination. (j) Nepotism. (1) No individual may be placed in a WtW employment activity if a member of that person's immediate family is engaged in an administrative capacity for the employing agency. (2) To the extent that an applicable State or local legal requirement regarding nepotism is more restrictive than this provision, such State or local requirement shall be followed. (a) Formula grant funds: The maximum time limit for the expenditure of a given fiscal year allotment is three years from the effective date of the Federal grant award to the State. The maximum time limit will be allowed and will be specified in the Department's formula grant document for each fiscal year of funds provided to the State. Any remaining funds that have not been expended at the end of the expenditure period must be returned to the Department in accordance with the applicable closeout procedures for formula grants. (b) Competitive grant funds: The maximum time limit for the expenditure of these funds is three years from the effective date of award, but will, in all cases, be determined by the grant period and the terms and conditions specified in the Federal grant award agreement (including any applicable grant modification documents). Any remaining funds that have not been expended at the end of the approved grant period must be returned to the Department in accordance with the applicable closeout procedures for competitive grants (section 503(a)(5)(C)(vii)). (a) Administrative cost limitation (section 404(b)(1)).—(1) Formula grants to states. Expenditures for administrative purposes under WtW formula grants to States are limited to fifteen percent (15%) of the grant award. (2) Competitive grants. The limitation on expenditures for administrative purposes under WtW competitive grants will be specified in the grant agreement but in no case shall the limitation be more than fifteen percent (15%) of the grant award. (3) Although administrative in nature, costs of information technology—computer hardware and software—needed for tracking and monitoring of WtW program, participant, or performance requirements, are excluded from the administrative cost limit calculation. (b) The costs of administration are that allocable portion of necessary and allowable costs associated with those specific functions identified in paragraph (c) of this section for the administration of the WtW program and which are not related to the direct provision of services to participants. These costs can be both personnel and non-personnel and both direct and indirect. (c) The costs of administration are the costs associated with performing the following functions: (1) Performing overall general administrative functions and coordination of those functions under WtW including: (i) Accounting, budgeting, financial and cash management functions; (ii) Procurement and purchasing functions; (iii) Property management functions; (iv) Personnel management functions; (v) Payroll functions; (vi) Coordinating the resolution of findings arising from audits, reviews, investigations and incident reports; (vii) Audit functions; (viii) General legal services functions; and (ix) Developing systems and procedures, including information systems, required for these administrative functions; (2) Performing oversight and monitoring responsibilities related to WtW administrative functions, (3) Costs of goods and services required for administrative functions of the program, including goods and services such as rental or purchase of equipment, utilities, office supplies, postage, and rental and maintenance of office space; (4) Travel costs incurred for official business in carrying out administrative activities or the overall management of the WtW system; and (5) Costs of information systems related to administrative functions (for example, personnel, procurement, purchasing, property management, accounting and payroll systems) including the purchase, systems development and operating costs of such systems. (d)(1) Only that portion of the costs of WtW grantees that are associated with the performance of the administrative functions described in paragraph (c) of this section and awards to subrecipients or vendors that are solely for the performance of these administrative functions are classified as administrative costs. All other costs are considered to be for the direct provision of WtW activities and are classified as program costs. (2) Personnel and related non-personnel costs of staff who perform both administrative functions specified in paragraph (c) of this section and programmatic services or activities are to be allocated as administrative or program costs to the benefitting cost objectives/categories based on documented distributions of actual time worked or other equitable cost allocation methods. (3) Specific costs charged to an overhead or indirect cost pool that can be identified directly as a program cost may be charged as a program cost. Documentation of such charges must be maintained. (4) Except as provided at paragraph (d)(1) of this section, all costs incurred for functions and activities of subrecipients and vendors are program costs. (5) Costs of the following information systems including the purchase, systems development and operating (e.g., data entry) costs are charged to the program category. (i) Tracking or monitoring of participant and performance information; (ii) Employment statistics information, including job listing information, job skills information, and demand occupation information; and (iii) Local area performance information. (a) General. State formula and other direct competitive grant recipients must report financial and participant data in accordance with revised instructions that will be issued by the Department after consultation with the Secretary of Health and Human Services, States, and organizations that represent State or local governments. Reports must be submitted to the Department quarterly. Existing WtW financial reporting instructions and formats are available on the WtW web site at http://wtw.doleta.gov/linkpages/tegltein.htm. The Internet reporting system for WtW grantees is accessible at http://www.etareports.doleta.gov. (b) Subrecipient reporting. A State formula or other direct competitive grant recipient may impose different forms or formats, shorter due dates, and more frequent reporting requirements on subrecipients. However, the recipient is required to meet the reporting requirements imposed by the Department. (c) Financial reports. Each grant recipient must submit financial reports to the Department. Reported expenditures and program income must be on the accrual basis of accounting and cumulative by fiscal year of appropriation. If the recipient's accounting records are not normally kept on the accrual basis of accounting, the recipient must develop accrual information through an analysis of the documentation on hand. (d) Participant reports. Each grant recipient must submit participant reports to the Department. Participant data must be aggregate data, and, for most data elements, must be cumulative by fiscal year of appropriation. (e) Due dates. Financial and participant reports are due no later than 45 days after the end of each quarter. A final financial and participant report is required 90 days after the expiration of a funding period or the termination of grant support. (a) The Secretary may monitor all recipients and subrecipients of all grants awarded and funds expended under WtW. Federal oversight will be conducted primarily at the State level for formula grants and at the recipient level for competitive grants. (b) The Governor must monitor local boards (or other approved administrative entities) funded under the State's formula allocated grants on a periodic basis for compliance with applicable laws and regulations. The Governor must develop and make available for review a State monitoring plan. (a) Resolution of subrecipient level findings. (1) The WtW grantee is responsible for the resolution of findings that arise from its monitoring reviews, investigations and audits (including OMB Circular A–133 audits) of subrecipients. (2) A State or competitive grantee, as appropriate, must use the audit resolution, debt collection and appeal procedures that it uses for other Federal grant programs. (3) If a State or competitive grantee, as appropriate, does not have such procedures, it must prescribe standards and procedures for the WtW grant program. (b) Resolution of State level findings. (1) The Secretary is responsible for the resolution of findings that arise from Federal audits, monitoring reviews, investigations, incident reports, and recipient level OMB Circular A–133 audits. (2) The Secretary will use the DOL audit resolution process, consistent with the Single Audit Act of 1996 and OMB Circular A–133. (3) A final determination issued by a grant officer pursuant to this process may be appealed to the DOL Office of Administrative Law Judges under the procedures at §645.800. (c) Resolution of nondiscrimination findings. Findings arising from investigations or reviews conducted under nondiscrimination laws shall be resolved in accordance with those laws and the applicable implementing regulations. (a) All participants in WtW programs under this part shall have such rights as are available under all applicable Federal, State and local laws prohibiting discrimination, and their implementing regulations, including: (1) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); (2) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and (4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (b) Participants in work activities, as defined in section 407(a) of the Social Security Act, operated with WtW funds, shall not be discriminated against because of gender. Participants alleging gender discrimination may file a complaint using the State's grievance system procedures as described in §645.270 of this subpart (section 403(a)(5)(J)(iii)) of the Act). Participants alleging gender discrimination in WtW programs conducted by One-Stop partners as part of the One-Stop delivery system may file a complaint using the complaint processing procedures developed and published by the State in accordance with the requirements of 29 CFR 37.70–37.80. (c) Complaints alleging discrimination in violation of any applicable Federal, State or local law, such as Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Pregnancy Discrimination Act (42 U.S.C. 2000e (paragraph k)), or Section 188 of the Workforce Investment Act of 1998 (29 U.S.C. 2938), as well as those listed in paragraph (a) of this section, shall be processed in accordance with those laws and the implementing regulations. (d) Questions about or complaints alleging a violation of the nondiscrimination laws in paragraph (a) of this section may be directed or mailed to the Director, Civil Rights Center, U.S. Department of Labor, Room N–4123, 200 Constitution Avenue, NW, Washington, D.C. 20210 for processing. (a) Participants in an employment activity operated with WtW funds, as defined in §645.220 of this part, are subject to the same health and safety standards established under State and Federal law which are applicable to similarly employed employees, of the same employer, who are not participants in programs under WtW. (b) Participants alleging a violation of these health and safety standards may file a complaint pursuant to the procedures contained in §645.270 of this part (section 403(a)(5)(J)(ii)). (a) An adult participating in an employment activity operated with WtW funds, as described in §645.220 (b) and (c) of this subpart, may fill an established position vacancy subject to the limitations in paragraph (c) of this section. (b) An employment activity operated with WtW funds, as described in §645.220(c) of this subpart, must not violate existing contracts for services or collective bargaining agreements. Where such an employment activity would violate a collective bargaining agreement, the appropriate labor organization and employer must provide written concurrence before the employment activity is undertaken. (c) An adult participating in an employment activity operated with WtW funds, as described in §645.220(c) of this subpart, must not be employed or assigned: (1) When any other individual is on layoff from the same or any substantially equivalent job within the same organizational unit; (2) If the employer has terminated the employment of any regular, unsubsidized employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the WtW participant; and, (3) If the employer has caused an involuntary reduction to less than full time in hours of any employee in the same or substantially equivalent job within the same organizational unit. (d) Regular employees and program participants alleging displacement may file a complaint pursuant to §645.270 of this part (section 403(a)(5)(J)(i)). (a) The State shall establish and maintain a grievance procedure for resolving complaints from: (1) Regular employees that the placement of a participant in an employment activity operated with WtW funds, as described in §645.220 of this part, violates any of the prohibitions described in §645.265 of this part; and (2) Program participants in an employment activity operated with WtW funds, as described in §645.220 of this part, that any employment activity violates any of the prohibitions described in §§645.255(d), 645.260, or 645.265 of this part. (b) Such grievance procedure should include an opportunity for informal resolution. (c) If no informal resolution can be reached within the specified time as established by the State as part of its grievance procedure, such procedure shall provide an opportunity for the dissatisfied party to receive a hearing upon request. (d) The State shall specify the time period and format for the hearing portion of the grievance procedure, as well as the time period by which the complainant will be provided the written decision by the State. (e) A decision by the State under paragraph (d) of this section may be appealed by any dissatisfied party within 30 days of the receipt of the State's written decision, according to the time period and format for the appeals portion of the grievance procedure as specified by the State. (f) The State shall designate the State agency which will be responsible for hearing appeals. This agency shall be independent of the State or local agency which is administering, or supervising the administration of the State TANF and WtW programs. (g) No later than 120 days of receipt of an individual's original grievance, the State agency, as designated in paragraph (f) of this section, shall provide a written final determination of the individual's appeal. (h) The grievance procedure shall include remedies for violations of §§645.255(d), 645.260, and 645.265 of this part which may continue during the grievance process and which may include: (1) Suspension or termination of payments from funds provided under this part; (2) Prohibition of placement of a WtW participant with an employer that has violated §§645.255(b), 645.260, and 645.265 of this part; (3) Where applicable, reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment; and, (4) Where appropriate, other equitable relief (section 403(a)(5)(J)(iv)). (i) Participants alleging gender discrimination by WtW programs that are not part of the One-Stop system may file a complaint using the grievance system procedures described above. Participants alleging gender discrimination by WtW programs that are part of the One-Stop system may file a complaint using the procedures developed by the State under the WIA nondiscrimination regulations at 29 CFR 37.70–37.80.
Title 20: Employees' Benefits
PART 645—PROVISIONS GOVERNING WELFARE-TO-WORK GRANTS
Subpart B—General Program and Administrative Requirements
§ 645.200 What does this subpart cover?
§ 645.210 What is meant by the terms “entity” and “project” in the statutory phrase “an entity that operates a project” with Welfare-to-Work funds?
§ 645.211 How must Welfare-to-Work funds be spent by the operating entity?
§ 645.212 Who may be served under the general eligibility and noncustodial parent eligibility (primary eligibility) provision?
§ 645.213 Who may be served as an individual in the “other eligibles” (30 percent) provision?
§ 645.214 How will Welfare-to-Work participant eligibility be determined?
§ 645.215 What must a WtW operating entity that serves noncustodial parent participants do?
§ 645.220 What activities are allowable under this part?
§ 645.221 For what activities and services must local boards use contracts or vouchers?
§ 645.225 How do Welfare-to-Work activities relate to activities provided through TANF and other related programs?
§ 645.230 What general fiscal and administrative rules apply to the use of Federal funds?
§ 645.233 What are the time limitations on the expenditure of Welfare-to-Work grant funds?
§ 645.235 What types of activities are subject to the administrative cost limit on Welfare-to-Work grants?
§ 645.240 What are the reporting requirements for Welfare-to-Work programs?
§ 645.245 Who is responsible for oversight and monitoring of Welfare-to-Work grants?
§ 645.250 What procedures apply to the resolution of findings arising from audits, investigations, monitoring and oversight reviews?
§ 645.255 What nondiscrimination protections apply to participants in Welfare-to-Work programs?
§ 645.260 What health and safety provisions apply to participants in Welfare-to-Work programs?
§ 645.265 What safeguards are there to ensure that participants in Welfare-to-Work employment activities do not displace other employees?
§ 645.270 What procedures are there to ensure that currently employed workers may file grievances regarding displacement and that Welfare-to-Work participants in employment activities may file grievances regarding displacement, health and safety standards and gender discrimination?
