HomeMy WebLinkAbout720602.tiff J.S. DEPARTMENT or LAco,
MANPOWER ADMINISTRATION
1961 STOUT STREET
Denver,Colorado 80202
DATE: 38 APR 1972 45-- rare
REPLY TO �% �,"+ ��
Q ,,, , '� z
ATTN OF: 8 MGBC (.I
r3. ® - <Gr.
SUBJECT: Contract Modification ca fir=
EEII
TO: jar Project Director
am pleased to send you your copy of the project amendment to
h
your contract. We trust that this modification will enable you
to continue your successful activities with the Manpower Admin-
istration.
Should you have any questions regarding this modification, please
get in touch with your Project Officer who stands ready to assist
you in any way necessary.
.
DON TRUCKER, Chief
Contract Administration Unit.
NH! a FINANCE INFO
_ �1' ` Iec\AI iJ�,
Fr-
I. APR 2 61972 '
GREELEY. COLO.
720602
U.S. DEPARTMENT OF 1 ABOR • Manpower Administration
✓ . ^ ....e.....
• • GRANT SUPPLEMENTAL AGREEMENT Page_L__
Emergency Employment Act of 1971 of 7
1. Grant Number 2. Modification Number 3, Effective Date
EEA 08-2-0003 3
Execution by Both Parties
•
4. To: (Grantee's Name and Address) S. Issued By: (MA Region Name and Address)
Weld County U. S. Department of Labor
Weld County Court House Manpower Administration, Region VII
Greeley. Colorado 80631 1961 Stout Street
Denver. Colorado 80202
6. Changes contained in this modification have the following effect on Federal Government Funds in this Grant:
(Check and fill in amount when applicable)
DIncreased by S
riDecreased by S
I—nI Remain Unchanged -
7. The above-numbered Grant is hereby modified as shown on pages 1 through q of this modification.
The edition of CFR Title 29 - Labor - Subpart A - Office of the Secretary of
I Labor, Part 55 - Grants under the Emergency Employment Act published
August 14, 1971, is voided and is replaced in its entirety by the edition
dated March 3, 1972, which is attached herewith and made a part of this contract.
Page 1 - Modification
• Page 2 - Title/Cover Page
Page 3 - Blank
Page 4 thru 8 - Text
EXCEPT AS HEREBY MODIFIED, AI I TERMS AND CONDITIONS OF SAID GRANT AS HERETOFORE MODIFIED REMAIN
UNCHANGED AND IN FUI I FORCE AND EFFECT,
S. GRAM I l ACCF FI-\CF:
Si;mature and Izne Type Name and Title
Marshall H. Anderson, Chairman
Board of County Commissioners
.` / 5"-• hturc anJ Izttc Type Name and Title
/`(\\\ ( 18 APR p Frank A. Potter
, /1�J � '` Regional Manpower Administrator
MA o-42?
August 1971
•
312.4-N.4.ez
=c I'_ Z
0 1i m
too
Y
934
SPECIAL PRINTING•
O1) DEPARTMENT OF
LABOR
•
Title 29—LABOR
Subtitle A—Office of the Secretary of
Labor
0 PART 55—GRANTS UNDER THE
EMERGENCY EMPLOYMENT ACT
■
Reprint from FEDERAL mmnISTER, Vol. 37, No. 43 - "-,iday, March 3, 1972
4436 RULES AND REGULATIONS
Title 29—LABOR cant segments as well as veterans during does not include fringe benefits or sup-
the 48-hour hold. portive services provided to him.
Subtitle A—Office of the Secretary of Paragraph (f) of §55.7 makes it clear (c) "Eligible applicant" means any
rY that the residence requirement applies to unit of Federal, State, or general local
Labor the jurisdiction of the Program Agent government, or any public agency or in-
PART 55—GRANTS UNDER THE for purposes of the Act and not to its stitution which is a subdivision or con-
EMERGENCY EMPLOYMENT ACT con-
normal jurisdiction. It also authorizes sortium of Federal, State, or general
the Secretary to waive the residency re- local government. For purposes of this
When Part 55 was published in the geirement for persons who axe unem- definition, a public agency or institution
FEDERAL REGISTER on August 14, 1971 (36 Ployed or underemployed because of is deemed to be a subdivision of State
F.R. 15433-15437), the Secretary invited technological change or ivho have lost or local government even if it is not di-
interested parties to submit written com- their jobs because of cutbacks in Federal rectly responsible to such unit of govern-
ments, suggestions, data, or arguments contracts. ment.
to the Assistant Secretary for Manpower Paragraph (g) of § 55.7 requires em- (d) "Employing agency" means any
within 45 days of publication,and stated Ploying agencies to select applicants eligible applicant which has been desig-
that material thus submitted would be fairly, based on objective criteria. nated by a Program Agent or subagent,
evaluated and acted upon in the same Paragraph (b) of §55.10 has added to or by the Secretary, to employ partici-
manner as if the original document had it a new provision requiring that the Gov- pants with funds granted pursuant to
been published in. proposal form. The ernor and officials of appropriate units this Act. It includes a Program Agent
suggestions received were considered and of Government be given an opportunity when acting as an employer.
Part 55 is revised as set forth herein.The to comment when substantial modiflca- (e) "Health care" includes, but is not
following list of major changes will assist tons or amendments are made. limited to, preventive and clinical medi-
in directing attention to those changes. Paragraph (d) of §55.15 clarifies that cal treatment,voluntary family planning
In § 55.1(e) the reference to Indian funds granted for administrative pur- services, nutrition services, and appro-
tribes on Federal or State reservations is Pews may be used to pay wages to a priate psychiatric, psychological, and
deleted from the definition of eligible ap- participant in excess of $12,000. prosthetic services.
plicant. Grants to them are covered un- Paragraph (d) of §55.16 specifically (f) "Initial funding" refers to grants
der separate regulations. waives the non-Federal share when the under the Act which have been desig-
In paragraph(k) of¢55.1 employment employing agency is fully funded by the nated by the Secretary as primarily for
in highway or building construction prof- Federal Government. the purpose of enabling the Program
ects (not maintenance) and work which Paragraph (a) of §55.19 specifies that Agent to plan its program and to pay
is not customarily done by government, retirement benefits need not be paid at compensation to initial participants.
and which inures primarily to the bene- the same level as other benefits. (g) "Participant" means any unem-
fit of private profit making organizations Paragraph (b) of §55.19 adds that ployed or underemployed person em-
ir excluded from public service employ- police and firework must be done in ac- ployed under this Act after selection in
ment. cord with reasonable safety practices. accordance with §55.7, except an indi-
In paragraph (q) of §55.1 the defini- Paragraph (c) of §55.19 requires that vidual paid from administrative funds.
tion of unemployed is revised to eliminate each participant be advised the name of (h) "Poverty level" means the mini-
the requirement that an individual who his employer. mum income required for a family to live
is waiting to be called back to a job or to In addition to the above a number of out of poverty, as determined in accord-
report to a new job within the next 30 other minor editorial and clarifying ante with criteria established by the Di-
days have looked for work within the past changes have been made. rector of the Office of Management and
4 weeks. This revision shall be effective 30 Budget. Copies of the current poverty
Paragraph (a) of §55.4 is amended to days after publication in the FEDERAL level index are available from the Man-
provide that units which serve fewer REGISTER. power Administration of the Department
than 10,000 people or which would be en- As revised, Part 55 reads as follows: of Labor.
titled to less than $25,000 may be ex- Subpart A—Application for and Requirements of (i) "Professional work" means work
eluded from grants. Grants performed by an individual acting in a
Paragraph (d) of § 55.5 is revised tosec. bona fide professional capacity, as such
accord with an opinion of the Comptrol- 55.1 Definitions. term is used in section 13(a)(1) of the
ler General that outstationing of State 55.2 Purpose and scope. Fair Labor Standards Act and defined in
and local employees to work for Federal 55.3 Application for grants. g 541.3 of this title.
55.4 Use of funds by Program Agents.
agencies may occur only if the Federal
agency concerned has authority to accept 55.5 Employing agencies. (j) "Program Agent"means an eligible
55.6 Assurances. applicant which has been designated by
the work. 55.7 selection of participants. the Secretary for requesting, receiving
Paragraph (e) of §55.6 specifies that 55.10 Comments by unite of general gov- and administering funds pursuant to the
the reevaluation and analysis of job de- ernment or labor organizations. Act.
scriptions required to eliminate artificial 55.11 Action upon application.
barriers includes those for jobs not paid 55.15 Use of Federal funds. (k) "Public Service" is that service
for from grant funds. 55.16 Non-Federal share. normally provided by government, and
55.17 Records,financial reports,and audits. includes, but is not limited to, work in
Paragraph (i) of ¢55.6 provides that
65.16 Reports of effectiveness. such fields as environmental quality,
the nondiscrimination clause does not 55.19 Participant compensation and work- health care, education, public safety,
preclude preference to older or younger ing conditions. crime prevention and control,manpower
workers which may be necessary to as- 55.20 Nondiscrimination. services, prison rehabilitation, transpor-
snre equitable employment of the signifi- 55.25 AGjustmente in payments.
55.26 Termination of grant. tation,recreation,maintenance of parks,
cant segments which they constitute. streets and other public facilities, solid
Paragraph (c) of §55.7 provides that Aaraoarrr: The provisions of this Part waste removal,pollution control,housing
preference for any significant segment 55 are issued under section 12(e) of the
Emergency Employment Act of 1971, a6 fltet, and neighborhood improvements, rural
ends when its members have been em- 154 development; conservation, beautifica-
ployed in proportion to their numbers in tion, and other fields of human better-
the unemployed population. § 55.1 Definitions. ment and community improvement. It
Paragraph (e) of §55.7 gives prefer- As used in this part and in grant in- excludes work which is not customarily
ence to disabled veterans of the Vietnam struments entered into pursuant to this done by government and which inures
era. It also makes 65 the maximum age part: primarily to the benefit of a private profit
for the older segment. (a) "The Act" means the Emergency making organization and employment in
Paragraph (c) of §55.7 provides that Employment Act of 1971. building and highway construction. The
upon request the Employment Service (b) "Compensation" means the wages latter prohibition does not exclude main-
will also refer members of other signifi- or salary payable to any participant, but tenance work.
FEDERAL REGISTER, VOL. 37, NO. 43—FRIDAY, MARCH 3, 1972
RULES AND REGULATIONS 4}37
(1) "Secretary" means the Secretary 1964, and who received other than a (a) A description of the area to be
of Labor, or his authorized representa- dishonorable discharge. served by the program proposed by the
tive. 55 2 Purpose Program Agent,and a plan for effective-
(m) "Special Veteran" means an in- § rpose and scope. ly serving on an equitable basis the sig-
dividual who served in the Armed Forces This part contains the policies, rules, nificant segments of the population re-
in Indochina or Korea, including the and regulations of the Department of siding in the area.The plan shall provide
waters adjacent thereto, on or after Au- Labor in implementing and administer- for jobs which under presently appli-
gust 5, 1964,and who received other than ing the Emergency Employment Act of cable requirements can be filled by the
a dishonorable discharge. 1971 (Public Law 92-54, 85 Stat. 146): significant segments in equitable propor-
(n) "Subagent" or "subgranteee" (a) Under the Act the Secretary of tions. Also included shall be data indi-
means an eligible applicant that receives Labor provides financial assistance to eating the number, income and employ-
a subgrant from a Program Agent. public employers to be used to provide ment status of potential participants liv-
(o) "Supportive or manpower serv- unemployed and underemployed persons ing in the area.
ices" are services which are designed to with transitional employment in jobs (b) A description of unmet public
contribute to the employability of par- providing needed public services during service needs in the area served by the
ticipants, enhance their employment times of high unemployment,and,where program and a statement of priorities
opportunities, and facilitate their move- appropriate, training and manpower among such needs.
ment into permanent employment not services related to such employment (c) A list of the occupations in which
subsidized under the Act. They may in- which are otherwise unavailable and public service employees will be placed
elude child care. which will enable such persons to move and a statement of the reasons the Pro-
p) "State" includes the District of into employment or training not sup- gram Agent expects these fields to ex-
Columbia, the Commonwealth of Puerto ported under the Act. Programs assisted pand (in either the public or private sec-
Rico, the Virgin Islands, Guam, Ameri- under the Act are intended to develop tor) as unemployment recedes.
can Samoa, and the Trust Territory of new careers, provide opportunities for (d) A description of jobs to be filled,
the Pacific Islands. career advancement, provide opportune- a listing of the major kinds of work to be
(q) "Unemployed persons" means— ties for continued training,including on- performed and skills to be acquired, and
(1) A person who is without a job and the-job training, and provide transi- the approximate duration for which par-
who wants and is available for work.An tional public service employment which ticipants would be assigned to such jobs.
individual shall be deemed to meet this will enable the individuals so employed (e) A description of the methods to be
qualification if he has been without work to move into public or private employ- used to recruit, select, and orient part-
tor 7 days or longer for reasons other ment or training not supported under the cipants, including specific eligibility
than a strike or lockout at his usual Act. criteria, and programs to prepare the
place of employment, and (U has made (b) This part sets forth the require- participants for their job responsibili-
specific efforts to find a job within the ments for applying for such financial ties.
past 4 weeks, (ii) is waiting to be called assistance; the assurances and other (f) A description of career opportuni-
back to a job from which he has been conditions required of the applicant; ties and job advancement potentialities
laid off, or (iii) is expecting to report to standards for selection of participants, for participants.
a new job,other than a job funded under requirements for assuring priorities for (g) A statement of the range of the
the Act,within the next 30 days; unemployed and uniremployed persons compensation to be paid to participants
(2) A person who is 18 years of age or who served in the Armed Forces in Indo- and a comparison with the compensation
older, and a recipient of money pay- china or Korea on or after August 5, paid for similar public occupations by
ments pursuant to a State plan approved 1964, and for other specified segments of the same employer.
under the public assistance titles of the the unemployed and underemployed (h) The plan the Program Agent will
Social Security Act or a person whose population; the policies for reviewing make to assist the participants to find
income, resources, or need are counted grant applications and acting upon permanent employment, including a de-
with that of such a recipient for deter- them; requirements for use of Federal scription of the plans of the employing
mining public assistance entitlement, funds and for non-Federal share; the agency to absorb participants into its
and whose need does not arise from a requirements for allocation of funds by own regular staff.
strike or lockout at his usual place of grantees within the jurisdiction of each; (i) A description of the education,
employment,and who (i) has been with- requirements as to compensation and training,and supportive services (includ-
out work for 1 week or longer and (a) is working conditions of persons employed ing counseling and health care services)
an unemployed father receiving assist- under the Act; recordkeeping and re- which will be provided participants, and
ante under title IV, part A of the Social porting requirements; the bases upon the source of funds which will be used
Security Act (as defined in 45 CFR which financial assistance may be to pay for such services. Linkages with
233.100(a)(1)), (b) is referred for work denied, terminated or withheld, or resti- upgrading and other manpower services
by the State or local welfare agency, or tution required;and other pertinent con- required under §55.6(h), which have
(c) volunteers for work; or (it) is work- ditions and standards. been made should be indicated.
ing in a job providing insufficient income (j) The planning for and traimn
to enable him and his family to be self- §55.3 Applications for grants. g of
supervisory personnel in working with
supporting without welfare assistance. Only a IZogiam Agent designated by participants.
(r) "Underemployed person" means— the Secretary and acting through its (k) If the Program Agent proposes
(1) A person who is seeking full-time chief elected officer or his designee may that funds be used to pay for work which
e employer other oyment hworksng part time for the employing fro submit the application for a direct grant has been performed at any time during
Department of Labor. Except the past 6 months,or fill jobs which have
agency from whom he is seeking full- as waived by the Ete antary re initial been vacant for less than 6 months prior
time work; or funding, the application shall include a to the filing of the application for a
(2) A person who is working full time budget, a commitment by the Program grant with which to fill it, the Program
for an employer other than employing Agent to comply with the requirements Agent will submit clear evidence to show
agency from whom he is seeking work, of the Act,the regulations,and the grant that without assistance under this Act
and whose wages, when added to the conditions, and such information as the the work would not be performed at Fed-
other income of adults 16 and over in Secretary shall request.The information eral State, or local expense, and that a
their immediate families living in the Provided shall demonstrate the validity determination by the Secretary to per-
same household, are below the poverty of the assurances made by the Program mit the grant to be used for such pur-
level. Agent as required by §55.6 and,except pose would not result in the displacement
(s) "Veteran of the Vietnam Era" as may be waived by the Secretary with or partial displacement of currently em-
means a veteran who served in the respect to initial funding, shall include ployed workers or impair existing con-
Armed Perces on or after August 6, the following: tracts for services.
FEDERAL REGISTER, VOL 97, NO. 43—FRIDAY, MARCH 7, 1972
� 4438 RULES AND REGULATIONS
§55.4 Use of funds by the Program with applicable Commission regulations. (e) Agreement by the Program Agent
Agents. Employees of other employing agencies that agencies and institutions to whom
(a) Program Agents must allocate who are not Federal employees may per- financial assistance will be made avail-
funds equitably among county and city form work for a Federal agency only if able under the Act will undertake analy-
levels of government, including public (1) the employing agency deems it in sis of job descriptions and a reevaluation
agencies which are independent of su- the best interest of its constituency to of skill requirements at all levels of em-
pervision by such level of government, detail them for such work and (2) the ployment, including jobs not paid for
When selecting employing agencies and host agency has authority to accept from grant funds. The required analysis
allotting funds to them they shall give voluntary services or other legal au- and reevaluation will include merit sys-
due consideration to the size and sever- thority to accept such work. tem requirements and practices relating
ity of unemployment in a particular area, (e) Employing agencies may delegate thereto, and will be made in accordance
the number of public service jobs at each authority to employ to other employing with applicable guidelines issued by the
level of government, and the size of the agencies: Provided, The unit of govern- U.S. Civil Service Commission.
population served by each unit of gov- ment responsible to the Secretary accepts (f) Agreement by the Program Agent
ernment. Units which serve fewer than responsibility pursuant to paragraph (a) that the program will, to the maximum
10,000 people or which would be entitled of this section. Notice and an opportu- extent feasible,contribute to the elimina-
to less than $25,000 may be excluded. nity to review the agreement between the tion of artificial barriers to employment
Where appropriate Federal and State employing agency and its delegates shall and occupational advancement that re-
agencies may also be made employing be provided to the Secretary. strict employment opportunities for the
agencies. §55.6 Assurances. disadvantaged, in accordance with ap-
(b) Program Agents and employing The following commitments b plicable guidelines issued by the U.S.
agencies may enter into contracts for y the •Civil Service Commission.
necessary supportive or administrative Program Agent must be part of the grant (g) Agreement by the Program Agent
services with public organizations and, application.Failure to comply with them that (1) in the event the Secretary or an
except contracts for the employment of may lead to the withholding or denial of appropriate agency designated by him
participants, with private organizations grant funds: advises after a periodic review of the pro-
or individuals: Provided, Any such con- (a) Agreement by the Program Agent gram authorized under section 1(a) of
tract with a private organiration or in- clue special consideration to the flung the Act that the job in which a partici-
dividual for an amount in excess of of jobs which provide sufficient prospects pant has been placed will not provide
$10,000 shall be approved by the for advancement or suitable continued sufficient prospects for advancement or
Secretary. employment by providing complemen- suitable continued employment, the
tary training and manpower services de-
Program A§55.5 Employing agencies. signed to (1) promote the advancement gent will make maximum ef-
of participants to employment or train- forts to locate employment or training
(a) Activities and services for which opportunities providing such prospects,
assistance is provided under this Act lag opportunities suitable to the indi- arid that it will offer such a
must be administered by or under the "duals involved, whether in the public propriate assistance in securing
place-
supervision of a Program Agent. Pro- or private sector of the economy, (2) pro- ment in the opportunity he gchooses
gram Agents may designate any eligible vide participants with skills for which after appropriate counselin and (2)
applicant as an employing agency: Pro- there is an anticipated high demand, or g
(3) provide when the Secretary advises that the
vided, however, The Program Agent Participants with self-de-
remains responsible for assuring com- velopment skills. Nothing contained in rate of national unemployment is re-
remains by such employing agency with this paragraph shall be construed to pre- ceding toward 4.5 percent, or financial
assistance will no longer be
the Act, the regulations and the grant elude persons or programs for whom the available
Program
foregoing goals are not feasible or a for any other reason, the Program
conditions, except that (lJ no State p- Agent or the employing
or local governmental unit or sub- Pnaintate. p Yto l agency will
(b) Agreement by the Program Agent make maximum efforts to locate employ-
division thereof will be held responsible that, to the extent feasible, ment or training opportunities not sup-
for assuring compliance by the Federal Public serv- ported under the Act for each
Government, and (2) no local govern- ice lobs shall be provided in occupational pant, and will offer such a person a pro ,
mental unit or subdivision thereof will be fields which are most likely to expand PPro-
held re within the public or private sector as Priate assistance in securing placement
sponsible for assuring compliance the unemployment in the opportunity which he chooses
by a State which has been designated by P yment rate recedes. after appropriate counseling.
the Secretary to be the employing agency (c) Agreement by the Program Agent (h) Agreement that where appropri-
in the area of another Program Agent. to give due consideration to persons who ate the Pro
in such case, the Federal or State gov- have participated in manpower training gram Agent will, and will re-
in respectively shall remain re- programs for whom employment oppor- quire the employing agencies to, main-
sponsible. The Secretary shall hold the tunities are not otherwise immediately twin or provide linkages with upgrading
responsible unit of government account- available. and other manpower programs for the
able for funds which are improperly ex- (d) Agreement by the Program Agent purpose of (1) providing those persons
Pended, and may take action to recover that it and the employing agencies re- employed in public service jobs under
the Act who want to any such improperly expended funds in sponsible to it will have the goal of plat- the employer, in thh pursue worke same or similar
accordance with ¢55.25, or to terminate ing half of the participants in continuing
the grant in accordance with ¢55.26. Positions with the Program Agent or em- work, with opportunities to do so and to
(b) If the employing agency is an- ploying agency financed from funds inthatmflield andp (2) p mobile careers
other unit of government, the Program other than grant funds under the Act. Providing those
Agent may provide the funds through a Until this goal is reached the Program Persons so employed, who do not wish
subgrant, subject to the same require- Agent and the employing agencies re- (� Pursue permanent careers in such
menu as set forth in paragraph (a) of sponsible to it shall utilize at least half field, with opportunities to seek, prepare
this section. the vacancies occurring in suitable occu- for, and obtain work in other fields.
(c) No agency or institution other than Rations in their respective work force (i) Agreement that (1) neither the
an eligible applicant may become an em- not financed by funds pursuant to this Program Agent nor any person with re-
ploying agency. Act for the purpose of providing partici- sponsibilities in the operation of the
(d) Federal agencies acting as employ- pants permanent employment, except program will discriminate with respect
ing agencies may employ particlpanta where this is prohibited by hiring prat- to any employee of the program, or any
only in accordance with laws governing tices required by law, regulation, or ool- participant or any applicant for partic-
Federal,employment.In the case of post- lective bargaining agreement and the 'potion in such program, because of
tions subject to the jurisdiction of the Program Agent or employing agency has
Civil Service Commission, employment submitted a statement explaining the race,creed, color,or national origin,sex,
of participants must be in accordance prohibition. age,political affiliation, or beliefs except
FEDERAL REGISTER, VOL. 37, NO. 43—FRIDAY, MARCH 3, 1972
RULES AND REGULATIONS 44:19 '
that this paragraph shall not be con- agencies, including veteran's organiza- For purposes of this section, -"area"
strued to prohibit efforts to assure equi- tions, for making them known to dis- means that geographical area over which
table employment of younger or older abled and special veterans. the employing agency exercises general
workers as these segments are described (e) Participants may not have been Political jurisdiction.
in §§55.7(c) (ii) and (iii); (2) no pro- employed by a Program Agent or sub- (3) The dates of actual notice and of
gram under the Act will involve political agent less than 30 days prior to being notice by publication.
activities and neither the program, the reemployed by the same unit of (4) A copy of any comments on the ap-
funds provided therefore, nor the per- government. plication submitted to the Program Agent
sonnel employed in the administartion (f) Each Program Agent and the em- by the Governor of the State, a unit of
thereof, shall be, in any way or to any ploying agencies receiving funds through general local government, or any labor
extent, engaged in the conduct of politi- it shall select all participants from organization in response to an invitation
cal activities in contravention of chapter among those eligible individuals who re- - under subparagraph (2) of this para-
15 of title 5, of the United States Code; side in the geographical area over which graph. Comments received after the ap-
and (3) participants in the program will the Program Agent has jurisdiction for plication is submitted shall also be sent
not be employed m the construction,op- purposes of this Act and shall place to the Secretary, and the application
eration or maintenance of so much of them within reasonable commuting dis- shall contain an assurance that they will
any facility as is used for sectarian in- tance of such area. When a State gov- be so forwarded.
struction or as a place for religious ernment is given funds for expenditure (b) An amendment or modification to a
worship. within the geographic area of another grant application may be approved only
§55.7 Selection of participants. Program Agent, the participants it se- if an opportunity to comment has been
lects must reside in that geographical provided in accordance with the proce-
(a) All persons employed pursuant to area. This paragraph is subject to ex- dures set forth in paragraph (a) of this
this Act, shall be participants, except ceptions in individual cases provided the section to the Governor of the State and
for necessary supervisory, and full-time total number of participants residing in to the officials of the appropriate units of
technical and administrative personnel, each Program Agent's area remains the general local government. For this pur-
who may be participants or others. same. This paraaraph does not apply to pose an amendment or modification is a
(b) Priority shall be given to the un- individuals recalled to their former jobs. substantial change in a grant applica-
employed over the underemployed. The Secretary retains the right to waive aon, such as a plan to increase or de-
(c) Each Program Agent shall be re- the residency requirement insofar as it
Pro-
gram Agent or subagent by 25 and more
crease the number of jobs of any Pro-
sponsible for assuring (1) that partici- applies to members of the segment of
pants will be chosen on an equitable the unemployed or underemployed de- than one-third, r add or delete any sub-
basis, in accordance with the purposes scribed in paragraph (c)(vii) of this agent on the approved application, or to
of the Act, from among significant seg- section.
cause of an increase in the grant amount
revise the plans of a Program Agent be-
cause of the population in the area of (g) Participants shall be selected and
unemployed and underemployed persons promoted fairly, in accordance with ob- of(c percent or more.
(et In making his determination
and (2) that preference will be unemployed and underemployed per ons job. a criteria, such as ability to al the whether or not to approve n der any are any one or more of the follow- lob. Salaries o wages of individuals se- Lion, the Secretary shall consider any
lected or promoted on the basis m comments o the Governor,a unit of Ben-
ing (not necessarily in this order) until nepotism or political or other favoritism oral local government or a labor organi-
such time as they have been employed shall not be allowable costs. zation receiving notice under paragraph
in proportion to their numbers in the
unemployed population: (i) Disabled § 55.10 Comments by units of general (a)(2) of this section,which is filed with
veterans of the Vietnam era and special government or labor organizations. him or with the Program Agent within 3
veterans; (in young persons 18 years (a) Grant applications, except appli- days of the date specified under para-
and older entering the labor force; (ill) cations for initial funding, must be graph (a)(8) of this section, or within
Persons 45.to 65 years of age; (iv) mi- accompanied by: 15 days of such date provided it has been
grant farmworkers; (v) persons whose (1) A statement that a copy of the preceded within 3 days of such date by a
notice of intent to file.
native tongue is not English and whose application, except for initial funding,
ability to speak English is limited; (vi) including the proposed distribution of § 55.11 Action upon application.
persons from families with incomes be- funds, has been furnished to the Gov- (a) An application for a grant from
low the poverty level or welfare recipi- ernor, and to the major units of general funds made available under section
ents; (vii) persons who have become un- local government within the jurisdiction 9(a)(1) of the Act will be approved if (1)
employed or underemployed as a result as listed, and a summary has been pub- the Program Agent has the legal capacity
of technological change or whose most lished in two newspapers of general cir- to operate the program proposed, (2)
recent employment was with Federal culation in the area for the benefit of the application meets the requirements
contractors who have cut back in em- other units of general local government. of the statute and of the regulations in
ployment because of shifts in Federal Notice to the Governor may be given in this part, (3) the amount requested is not
expenditure, such as in the defense, accordance with the procedures estab- larger than the amount apportioned to
aerospace or construction industries; or lished under the Intergovernmental Co- the Program Agent filing the application,
(viii) others who come from socio-eco- operation Act of 1968. The published and (4) the Secretary finds in his discre-
noinic backgrounds generally associ- notice shall specify where the applica- tion that the plan set forth in the appli-
ated with substantial unemployment and lion may be examined in full, and invite cation will serve properly to reduce un-
underemployment. comment to the Program Agent and/or employment in the area.
(d) All job vacancies under the pro- the Secretary.Both actual and construe- (b) The Program Agent shall be not-
gram, except those to which former Live notice shall state that consideration fled of action taken on the application.
employees are being recalled, shall be will be given only to comments received If the application is accepted, the Secre-
listed with the State Employment Se- within the time period specified in pars- tary will execute and forward a grant
curity Agency at least 48 hours before graph (b) of this section. document,which together with the appli-
such vacancies are filled during which (2) A statement that a summary of the cation, the grant conditions, any appen-
period the Employment Service will first application and the other information dices, and the regulations in this part
refer disabled veterans of the Vietnam required by subparagraph (1) of this shall constitute the grant agreement. If
Era and special veterans, second, other paragraph to be in the published notice the application is denied, a notice of
veterans of the Vietnam Era, and third, has been sent to any labor organization denial will be sent to the Program Agent
upon request, members of other signifl- representing employees engaged in Simi- accompanied by a brief statement of the
cant segments. A list of such job open- lar work in the same area as that pro- grounds for denial.
ings will also be made available to any posed to be performed under any pro- (c) In the event an application is not
other public or private organizations or gram to be funded under the application, filed within the time prescribed by the
FEDERAL REGISTER, VOL 37, NO. 43-FRIDAY, MARCH 3, 1972
4'440 RULES AND REGULATIONS
Secretary or is denied, or a grant is ter- including, but not limited to, plant, breakdown between the costs of wages•
minated in whole or in part during a fls- equipment, or services. • training, supportive services, fringe
cal year, the Secretary may make pro- (b) Non-Federal share must be ex- benefits, and administrative costs.
vision for the funds released by such fail- pended for a purpose which is allowable § 5509 Participant rompers+atimt and
ure to file, denial or termination to be under the provisions of Subpart 1-15.7 working conditions.
used by one or more alternative Program of Title 41 of the Code of Federal Regu-
Agents in furtherance of the purposes of lations entitled"Principles for Determin- (a) Participants shall be paid wages
the Act. ing Costs Applicable to Grants and Con- or a salary at a rate which is not lower
§55.15 Use of Federal funds. tracts with State and Local Govern- than whichever is the highest of (1) the
(a) Federal funds will be granted on ments." minimum wage which would be applica-
the basis of program applications, and (c) Non-Federal participation may be ble to the employee under the Fair Labor
may be used to meet not more than 90 y sources, n- Standards Act of 1938 if section 6(a)(1)
derived from a variety of s i
ro ram unless eluding newly appropriated funds and
percent of the cost of the of such Act applied to the participant
program previously appropriated funds and the and he were not exempt under section 13
the Secretary waives the requirement time of personnel used by the Program
for non-Federal share pursuant to thereof; (2) the State or local minimum
Agent or the employing agency for the wage for the most nearly comparable
§55.16(d), program Agent or the employing agency covered employment, or (3) the prevail-
(b) Such funds may be expended only for the program. Voluntary services or ing rate of pay for persons employed in
for purposes (1) permitted under the
provisions of Subpart 1-15.7 of Title 41 space donated to the grantee from pr
t- similar public occupations by the same
vale sources may not be included as non- employing agency. In addition, partiei-
of the Code of Federal Regulations, en- Federal share unless specifically accepted pants shall receive the protection of the
titled "Principles for Determining Costs by the Secretor Grantee contributions same workmen's compensation, health
Applicable to Grants and Contracts with y insurance,unemployment insurance,and
State and Local Government," and (2) derived from other Federal funds other benefits,except retirement benefits
not barred under the remaining provi- whether in cash or in kind, may not be which may be provided with the approval
sions of this part. used for the non-Federal share, except of the Secretary, as other employees of
(c) Not less than 85 percent of the (1) when specifically permitted by the P
law under which the other Federal funds the employer similarly employed, and
funds granted to a Program Agent, or were made available or (2) when an shall enjoy working conditions and pro-
the percent specified by the Secretary, agency of the Federal Government is motional opportunities neither more nor
shall be used for compensation and ben-
efits to participants: Provided, That if the employing agency. less favorable than such other employees
enjoy.
initial funding is provided, the expendi- (d) Non-Federal share is waived when (b) No participant will be required or
tures under such funding will be con- the employing agency is fully funded by permitted to work in buildings or sur-
sidered together with expenditures under the Federal Government. The Secretary roundings or under working conditions
a subsequent grant from funds appor- may waive the requirement for non- which are unsanitary or hazardous or
tioned under section 9(a)(1) of the Act Federal share in other cases where it dangerous to his health or safety.In the
for the same fiscal year for purposes of would cause a serious hardship for the case of participants employed in jobs
this paragraph. Program Agent or prevent participation inherently dangerous, e.g., fire or police
(d) Federal funds granted under the in the program by the Program Agent or jobs,participants will be assigned to work
Act for wages and benefits shall not be an employing agency. in accordance with reasonable safety
used to pay— §55.17 Records, financial reports, and practices.If specific standards applicable
(1) Compensation to any participant audits. • to the occupational health and safety of
at a full-time rate higher than $12,000 The Program Agent shall require each public employees in the jurisdiction of
a year plus fringe benefits to the extent employing agency to maintain such rec-
d the Program Agent are promulgated
they do not exceed those normally pro-
employing and accounts, including records of under section 18 of the Occupational
vided employees earning,$12,000. This Safety and Health Aet of 1970 (Public
restriction does not apply to compensa- property purchased with non-Federal Lau,91-596),such standards shall be ap-
tion paid from administrative funds. share, and personnel and financial rec- plicable to participants.
ords, and submit such financial reports
(2) Compensation for professional as are required by the Secretary to assure (c) Every participant must be advised
work to more than one-third of the par- proper accounting for all program funds, prior to entering upon employment of
ticipants, except that there is no maxi- including the non-Federal share. Such the name of his employer, and of his
mum on the number of participating rights and benefits in connection with
records and accounts shall be made avail-
classroom teachers who may be paid hisemployment under the Act.
from Federal funds. Additional excep- able for audit purposes to the Depart-
ment of Labor or the Comptroller § 55.20 Nondiscrimination.
good cause shown prior to the employ- General of the United States or any Any grant made pursuant to the Act is
mend of such individuals.' authorized representative of either, and subject to title VI of the Civil Rights Act
(e) Federal funds shall not be used for shall be retained for 3 years after the of 1964 (42 U.S.C. 200d), which provides
expiration of the grant. that no person in the United States shall,
acquisition, rental or leasing of supplies,
equipment, materials, or real property, §55.18 Reports of effectiveness. on the ground of race, color, or national
origin,be excluded from participation in,
whether these expenses are budgeted as program Agents shall submit periodic
direct costs, indirect costs, or overhead. be denied the benefits of,or be subjected
reports as required by the Secretary de- to discrimination under any program or
(f) -Federal funds shall not be ex- signed to measure the effectiveness of activity receiving Federal financial as-
pended for work that would otherwise the program. In addition to any other sistanee. Any such grant is also subject
have been performed at Federal, State, requirements of the Secretary, such re- to the rules to implement title VI which
or local expense,which will not result in ports may be required to provide data on were issued by the Secretary of Labor
an increase over the employment which (a) the characteristics of participants, with the approval of the President (Part
would otherwise be available, which will including age, sex, race, health, educa- 31 of this subtitle).
result in the displacement of currently tion level, and previous wage and em-
employed workers (including partial dis- ployment experience; (b) their duration § 55.25 Adjustments in payment..
placement such as a reduction in the in employment situations, including in- (a) If any funds are expended by a
hours of nonovertime work or wages or formation on the duration of employ- Program Agent or an employing agency
employment benefits), or which will im- ment of program participants for at least in violation of the Act,the regtllations or
pair existing contracts for services. a year following termination of employ- grant conditions, the Secretary may
§ 55.16 Non-Federal share. ment under the Act and comparable in- make necessary adjustments in payments
formation on other employees or trainees to the Program Agent or the employing
(a) Non-Federal share may be pro- of employing agencies; and (c) total agency, if the Federal or State govern-
vided in cash or in kind,fairly evaluated dollar cost per participant, including a ment, on account of such unauthorized
FEDERAL REGISTER, VOL. 37, NO. 43—FRIDAY, MARCH 3, 1972
RULES AND REGULATIONS •
or illegal expenditures. If the employing paring a settlement proposal. Allowable
agency is the Federal or State govern- costs shall be determined in accordance
ment he may make adjustments in pay- with 4 55.15.
ments to the employing agency. He may Signed at Washington, D.C., this 28th
draw back unexpended funds which have day of February 1972.
been made available in order to assure
that they will be used in accordance with MAtcorm R.Loverz,
the purposes of the Act, or to prevent Assistant Secretary of
further unauthorized or illegal expendi- Labor for Manpower.
tures,and he may withhold Funds other- iFn Doc.72-3225 Filed 3-2-72;8:47 am]
wise payable under the Act in order to GP0 930.051
recover any amounts expended illegally
or for unauthorised purposes in the cur-
rent or immediately prior fiscal year. If
no further payments would otherwise be
made under the Act during the current or
subsequent fiscal year,the Secretary may
request a repayment of funds used for
unauthorized or illegal expenditures,and
within 30 days after receipt of such re-
quest such repayment shall be made.
(b) No-action taken by the govern-
ment under paragraph (a) of this sec-
tion shall entitle the grantee to reduce
either salaries and wages or supportive
services for any participant or to expend
less during the effective period of the
grant than those sums called for in his
grant budget either for salaries and
wages or for supportive services for par-
ticipants.Any such reduction in expendi-
tures may be deemed sufficient cause for U. S, DEPARTMENT OF LABOR
termination under ¢55.26.
¢55.26 Termination of grant. Manpower Administration
(a) If the Program Agent violates or Public Employment Program
permits an employing agency to violate
or if a unit of Federal or.State govern-
ment acting independently as employing
agency.violates any provisions of the Act,
the regulations,or grant terms or condi-
tions which the Secretary has issued or
shall subsequently issue during the period
of the grant, the Secretary may termi-
nate the grant in whole or in part unless
the grantee causes such violation to be
corrected within a period of 30 days after
receipt of notice specifying the viola.
tlon; or
(b) In his discretion the Secretary
may terminate the grant in Whole or in
part. Such discretion may be exercised
to withdraw funds which have not been
timely expended.
(c) Termination shall be effected by a
notice of termination which shall specify
the extent of termination and the date
upon which such termination becomes
effective.-Upon receipt of a notice of
termination, the grantee shall: (1) Dis-
continue further commitments of grant
funds to the extent that they relate to
the terminated portion of the grant;•(2)
Promptly cancel all subgrants, agree-
ments, and contracts utilizing funds un-
der this grant to the extent that they
relate to the terminated portion of the
grant; (3) settle, with the approval of
the Secretary, all outstanding- claims
arising from such termination; (4) sub-
mit, within 8 months after the receipt
of the notice of termination, a termina-
tion settlement proposal which shall in-
clude a final statement of all unreim-
bursed costs related to the terminated
portion of the grant, but in case of
terminations under paragraph(a)of this
section will not include the cost of pre-
Hello