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directly, or by contract with State vocational rehabilitation agencies or experts or consultants or groups thereof to provide technical assistance and consultation to public and other nonprofit workshops. Such technical assistance will be in such areas as plant layout, contract procurement, wage standards, industrial engineering, systems accounting, planning for efficient production on new contracts, work simplification, labor relations, quality control, and the provision of professional services. A workshop desiring technical assistance shall make its request through the appropriate State vocational rehabilitation agency. § 402.66 Recommendations and reports.

A workshop which receives technical consultation will be furnished with the recommendations of the consultant. A copy of the recommendations will also be furnished to the appropriate State agency. The workshop will be expected to give a prompt report concerning the consultation and a report 6 months afterwards as to what has been done about the recommendations. Subpart G-National Policy and

Performance Council AUTHORITY: The provisions of this Subpart G issued under sec. 7(b), 68 Stat. 658, 29 U.S.C. 37(b). § 402.70 Appointment and composition.

The National Policy and Performance Council shall consist of 12 members not otherwise in the full-time regular employ of the United States and appointed by the Secretary without regard to civil service laws. The Secretary shall, from time to time, appoint one of the members to serve as chairman. The appointed members shall be selected from among leaders in the vocational rehabilitation and workshop fields, State and local government, business and from among representatives of related professions, labor leaders and the general public. § 402.71 Term of office.

Each appointed member shall hold office for a term of 4 years except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor is appointed shall be appointed for the remainder of such term; and except that, of the members first appointed, three

shall hold office for a term of 3 years, three shall hold office for a term of 2 years, and three shall hold office for a term of 1 year, as designated by the Secretary at the time of appointment. No member of the Council shall be eligible for reappointment until a year has elapsed after the end of his preceding term. § 402.72 Duties.

The Council shall (a) advise the Commissioner with respect to the policies and criteria to be used in determining whether or not to make grants for projects for training services under Subpart H of this part; (b) make recommendations with respect to workshop improvement and the extent to which the program under Subpart E of this part is effective in accomplishing its purpose; and (c) perform such other services with respect to workshops as the Commissioner may request. The Commissioner shall make available to the Council such technical, administrative and other assistance as it may require to carry out its functions. $ 402.73 Per diem payments.

Appointed members of the Council, while attending meetings or conferences thereof or otherwise serving on business of the Council, shall be entitled to receive compensation at a rate to be fixed by the Secretary, but not exceeding $100.00 per day including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the government service employed intermittently. Subpart HGrants for Projects for

Training Services AUTHORITY: The provisions of this Subpart H issued under sec. 7(b), 68 Stat. 658, 57 Stat. 374, as amended; 29 U.S.C. 37(b), 31-42.

SOURCE: The provisions of this Subpart H appear at 32 F.R. 3148, Feb. 22, 1967, unless otherwise noted. § 402.75 Purpose.

Under section 13(a) of the act, grants may be made during the period July 1, 1966, through June 30, 1971, to States

and public and other nonprofit organizations and agencies to pay 90 per centum of the costs of projects for providing training services, leading to gainful employment, to handicapped individuals in public or other nonprofit workshops and rehabilitation facilities. $ 402.76 Terms.

For purposes of this subpart, unless otherwise indicated in this subpart, the terms below are defined as follows:

(a) "Training services" includes (1) training in occupational skills; (2) related services, including work evaluation, work testing, provision of occupational tools and equipment required by an individual to engage in such training, and job tryouts; and (3) payment of weekly training allowances to individuals receiving such training and related services.

(b) “Training in occupational skills" means a planned and systematic sequence of instruction under competent supervision which is designed to impart predetermined skills and knowledge with respect to a specific occupational objective or a job family, and to assist the individual to adjust to a work environment through the development of appropriate patterns of behavior.

(c) “Work evaluation" means the appraisal of the individual's capacity (1) to adjust to a work environment, (2) to acquire occupational skills, and (3) to attain appropriate vocational goals.

(d) “Work testing" means the utilization of work, simulated or real, to assess the individual's productive, physical, and psychosocial capacity to adapt to a work environment.

(e) "Job tryouts” means work experiences, within a workshop or rehabilitation facility or in conjunction with outside industry or other community resources, to assist the individual to acquire knowledge and develop skills, and to assess his readiness for job placement or fitness to engage in a specific occupation. § 402.77 Eligible applicants.

States and public and other nonprofit organizations and agencies shall be eligible to apply for grants for projects for training services. A State agency may apply for a grant for use in a facility operated or designated by the State agency.

$ 402.78 Qualification of workshops and

rehabilitation facilities. A basic condition for the receipt of a grant is that the workshop or rehabilitation facility to be involved in the provision of training services shall meet the following requirements: (a) It is a public or private nonprofit workshop or rehabilitation facility; (b) it has been in operation at least one year; (c) it will provide training in occupational skills and related services including work evaluation, work testing, and job tryouts and the major portion of each of these items, with the exception of job tryouts, will be provided within the workshop or rehabilitation facility; (d) it meets applicable safety standards prescribed by regulation of the Secretary of Labor; (e) it substantially meets the standards promulgated by the Commissioner with the advice of the National Policy and Performance Council; and (f) it prepares trainees for gainful employment. $ 402.79 Application procedure.

(a) Application for a project for training services shall be in the form and detail required by the Commissioner. In the case of an applicant other than a State vocational rehabilitation agency, the application shall be reviewed by the appropriate State agency, and forwarded to the Vocational Rehabilitation Administration for review. In the case of an application by a State agency, the application shall be submitted to the Vocational Rehabilitation Administration. Where the Vocational Rehabilitation Administration considers that an application has grant potential, it shall arrange for a survey of the facility which will be the site of the training services project.

(b) Final approval of all applications shall be made by the Vocational Rehabilitation Administration. Each applicant will be notified in writing of the action on its application, including suggestions, where a site survey has been made, for further improvement of the workshop or rehabilitation facility. $ 402.80 Application content.

The application for a grant shall: (a) Describe how the project will be organized, including designation of a director for the project; (b) describe the role of the State agency in the project and its relationship with the facility in which

the training is to be provided, including (1) include such other infor nation as the the determination by the State agency Commissioner may require. as to whether individuals are suitable for

§ 402.81 Assurances from applicant. and in need of training services and the basis on which determination will be The applicant shall submit with his made by the State agency of the amount application assurances that (a) weekly of weekly training allowance, including

training allowances will not reduce, but adjustment thereof; (c) describe the

will supplement, any wages or other reworkshop or rehabilitaticn facility in muneration due a trainee, and the which the training will be provided, giy amount of the payment for the weekly ing information on, (1) the kinds of training allowance will be identified and training to be provided in relationship to disbursed separately from any payment employment possibilities, the manner in representing wages or other remunerawhich this training will be provided, and tion due a trainee, (b) no trainee will the length of the various training pro remain in training when it is determined grams, (2) the staff and the qualifica that he is no longer making reasonable tions of the staff that will be assigned to progress (as indicated by regular trainthe project, as well as other supportive ing progress reports) toward the comresources available, and (3) the methods

pletion of his training program or the to be followed in the development of the

development of a capability for gainful individualized training program for each employment, or in any event for more trainee based upon his specific needs,

than 2 years, (c) in the event any portion capacities, interests, and other relevant

of the training services is performed outfactors; (d) specify the duration of the

side the designated workshop or rehaproject; (e) set forth a budget for the bilitation facility the applicant will retain project; (f) describe the procedures that

responsibility for the quality of such will be followed for the placement and

services, and (d) the full range of trainfollow up of trainees in gainful employ ing services will be made available to ment upon completion of training; (g) each trainee to the extent of his need for contain an agreement to make such reports and to keep such records as the $ 402.82 Site survey of workshops and Commissioner may require and to make rehabilitation facilities. such records and accounts available for Normally, a site survey will be made audit purposes; (h) where the training prior to final determination on an apwill be provided in a private, nonprofit plication that is considered to have grant workshop, give assurance that applicable potential. A site survey may also be Federal and State wage and hour stand made whenever the Commissioner deems ards will be observed or, where the train it necessary in connection with the projing will be provided in a workshop oper

ect. The survey shall be conducted by ated by a State, county or municipal gov

a team competent in the field of work

shops and rehabilitation facilities. The ernment, give assurance that the work

team shall include two or more of the shop will comply with wage and hour

following: (a) A representative of the standards specified by the Commissioner,

State agency, (b) a person from an opwhich will be at least equal to those im

erating rehabilitation facility or workposed by the Federal Fair Labor Stand shop, other than the applicant, (c) ards Act, as amended; (i) give assurance technical assistance consultants from that the workshop or rehabilitation fa- Vocational Rehabilitation Administracility will meet safety standards pre- tion panels, or (d) other qualified perscribed by regulation of the Secretary of sons, except that where a State agency Labor; (j) give assurance that the work is the applicant, no officer or employee shop or rehabilitation facility will sub- of such agency shall participate on the stantially meet the standards promul- survey team. A written report of the gated by the Commissioner with the survey in the form and detail required advice of the National Policy and Per- by the Commissioner shall be subformance Council; (k) state the source, mitted to the Vocational Rehabilitation or sources, of non-Federal funds; and Administration.

§ 402.83 Selection of individuals to enter for the allowance, including any expenses a project for training services.

reasonably attributable to receipt of The individuals to receive training

training services, (b) the extent to which services under a project will include only

the allowance will help insure entry into individuals who have been certified as

and satisfactory completion of training, eligible pursuant to § 401.20(b) of this

and (c) the extent to which the allowchapter and have been determined, by

ance will motivate the trainee to achieve the appropriate State agency of the State

a better standard of living. in which the workshop or rehabilitation $ 402.36 Factors considered in adjustfacility is located, to be suitable for and ment of weekly training allowances. in need of such training services.

(a) Adjustment in the weekly train§ 402.84 Weekly training allowances. ing allowances may be made at any time (a) A weekly training allowance shall

during the individual's training period be available to each trainee, except that

and the amount of the allowance shall such allowance shall not be paid for any

be reviewed periodically. The project i period in excess of 2 years and for any

facility may propose the adjustment, but week shall not exceed $25 plus $10 for

the final determination shall be made by

the State agency. each of his dependents, or $65, whichever is less. Dependents shall be in

(b) In considering whether adjustcluded whose relationship to the trainee

ment is appropriate the following factors is that of spouse, parent, child under

will be considered: (1) Whether the the age of 21 (including an adopted child

trainee is earning a wage, (2) the rela1 or step-child), or handicapped child

tionship of the amount of wages, if any, whose dependency is related to the

to the amount of the allowance, (3) any handicap, and who are living in the same

other material change in economic conhome with the trainee.

dition of the individual or his family, and (b) The amount of the weekly train

(4) the effect of any adjustment on the

incentive of the trainee. ing allowance shall be determined in accordance with $$ 402.85 and 402.86. § 402.87 Federal financial participation. It is anticipated that ordinarily the trainee will receive the maximum allow

Federal financial participation will be

available only in those costs set forth in ance of $25 per week for himself, but such allowance may be adjusted pursuant

the approved application for a training

services project. Such costs may inE to the provisions of $ 402.86. In view

clude (a) compensation costs (including of the incentive factor, however, the salary and fringe benefits) of full-time adjusted weekly training allowance avail

or part-time employees of the project, able to a trainee shall not be less than

(b) travel costs of such employees for than $10 per week. To the extent that

travel essential to the project, (c) the the weekly training allowance is paid for

purchase or rental of supplies, equip- dependents, the amount shall be $10 per ment, and materials necessary for the week for each dependent.

project, (d) indirect costs, if the work(c) The State agency shall make final

shop or rehabilitation facility is not opdetermination, after consultation with

erated by the State agency, (e) telethe project facility and in accordance

phone, postage, and other communicawith the training services plan, with re

tion costs, (f) in the case of a grant to a spect to (1) the amount of the weekly

State agency, services provided through training allowance and (2) any adjust

purchase or other contractual arrangement to be made in the amount of the

ment with a workshop or rehabilitation allowance.

facility (not operated by the State $ 402.85 Factors considered in deter agency) as set forth in the approved

mining the amount of weekly train application, provided such service costs ing allowances.

include only items permitted by direct In determining the amount of such grant, (g) the purchase of psychological allowance the following factors shall be and other tests and testing materials to considered: (a) The extent of the need be used in the work evaluation of train

at any time at the discretion of the Commissioner. The grantee will be given prompt notice of the termination, including the reasons therefor. Such termination shall not affect obligations incurred prior to the termination of the grant. Upon termination or completion of a project, the proportion of unexpended funds attributable to the Federal grant shall be refunded. § 402.93 Factors considered in evaluat

ing proposals. In evaluating proposals for grants for projects for training services a number of factors will be considered by the Vocational Rehabilitation Administration, such as: The distribution of training services projects among the regions; the types of disability groups served; the merit of a proposal in relation to other projects for training services in the region; and the amount of Federal funds available for support of training seryices projects.

ees, (h) the purchase of occupational tools and equipment required by trainees to engage in training and job tryouts, such tools and equipment to remain the property of the workshop or rehabilitation facility, (i) the payment of weekly training allowances, and (j) other costs as may be approved in the application. Federal financial participation shall be at the rate of 90 per centum of approved costs. § 402.88 Grant awards.

All grant awards shall be in writing, shall set forth the amount of funds granted, and shall constitute for such amounts the encumbrance of Federal funds available for such purposes on the date of the award. The initial award shall also specify the project period for which support is contemplated if the activity is satisfactorily carried out and Federal funds are available. For continuation support, grantees must make separate application in the form and detail required by the Commissioner. § 402.89 Payments.

Payments of the Federal share of an approved training services project may be made in installments, and in advance for estimated costs of operation or by way of reimbursement to the grantee and shall be subject to such requirements as the Commissioner may establish. $ 402.90 Reports.

Progress, financial, and other reports shall be submitted in the form and at intervals prescribed by the Commissioner. & 402.91 Project revision.

A revision of an approved project for training services shall be submitted whenever necessary to reflect any material change in the scope of the project or its operation or administration. $ 402.92 Termination.

If for any reason the grantee discontinues an approved project, the grantee shall notify the Vocational Rehabilitation Administration in writing, giving the reasons for termination, an accounting of funds granted for the project, and other pertinent information. The grant may be terminated, in whole or in part,

PART 403_RESEARCH AND

TRAINING

Subpart A-General Sec. 403.1 Terms. 403.2 Non-Federal funds. 403.3 Consultant fees. 403.4 Audit and review. Subpart B-Grants for Special Projects Under

Section 4(a)(1) of the Act 403.10 Purpose. 403.11 Applications, 403.12 Approval of applications for special

projects for research, demonstration, or establishment of special

facilities or services. 403.13 Approval of applications for train

ing or traineeships. 403.14 Approval of State agency. 403.15 Federal financial participation. 403.16 Grant awards. 403.17 Payments. 403.18 Revisions. 403.19 Confidential information. 403.20 Termination. 403.21 Patents. 403.22 Publications and copyright policy. 403.23 Wage and hour standards for work

shops. 403.24 Nondiscrimination in employment

under construction contracts. 403.25 Rehabilitation research and training

centers program; scope.

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