[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR632.38]

[Page 290-291]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 632--INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS--Table of Contents
 
           Subpart D--Administrative Standards and Procedures
 
Sec. 632.38  Classification of costs.

    Allowable costs shall be charged against the following four cost 
categories: Administration; training, employment and other (including 
supportive services).
    (a) Costs are allocable to a particular cost category to the extent 
that benefits are received by such category.
    (b) The Native American grantee is required to plan, control and 
charge expenditures against the aforementioned cost categories.
    (c) The Native American grantee is responsible for ensuring that, at 
a minimum, subgrant or subcontract recipients plan, control, and charge 
expenditures against the aforementioned cost categories.
    (d) Administrative costs consist of all direct and indirect costs 
associated with the management of the grantee's program. These costs 
include but are not limited to: the salaries and fringe benefits of 
personnel engaged in executive, fiscal, data collection, personnel, 
legal, audit, procurement, data processing, communications, maintenance, 
and similar functions; and related materials, supplies, equipment, 
office space costs, and staff training. Also included are salaries and 
fringe benefits of direct program administrative positions such as 
supervisors, program analysts, labor market analysts, and project 
directors. Additionally, all costs of clerical personnel, materials, 
supplies, equipment, space, utilities, and travel which are identifiable 
with these program administration positions are charged to 
administration.
    (e) Training costs consist of goods and services which directly 
affect program participants in a training activity. Training costs 
include, but are not limited to, the following: the costs associated 
with on-the-job training, salaries, fringe benefits, equipment and 
supplies of personnel engaged in providing training; books and other 
teaching aids; equipment and materials used in providing training to 
participants; classroom space and utility costs; employability 
assessment; job related counseling for participants; job search 
assistance and labor market orientation; participant allowances, and 
tuition and entrance fees which represent instructional costs which have 
a direct and immediate impact on participants. In addition, 250 hours of 
youth try-out employment is considered an allowable training cost. Youth 
try-out employment is that which meets the requirements of Sec. 632.78.
    (f) The compensation of individuals who both instruct participants 
and supervise other instructors must be prorated among the training and 
administration cost categories on the basis of time records or other 
equitable means. Similarly, tuition fees, and the costs of supplies used 
in the course of both participant instruction and other activities 
should be prorated among the benefitting uses.
    (g) Employment costs consist of those costs associated with 
community service employment and work experience as described in 
Sec. 632.79.
    (h) Other costs include supportive services, services which are 
necessary to enable an individual to participate in training and 
assistance under this part, and those described in Sec. 632.80.

[[Page 291]]

    (i) Costs which are not readily assignable to the training or 
employment cost category should be charged to either the administration 
or other category as appropriate.
    (j) Unemployment compensation costs are allowable for administrative 
staff hired in accordance with the administrative provisions of this 
part, and for CSE participants. Unemployment compensation costs are 
allowed for work experience only where required by State law.
    (k) Travel costs. (1) The cost of participant travel and staff 
travel necessary for the administration of programs under the Act are 
allowable costs, chargeable to the proper cost category, and must follow 
standard Federal travel requirements.
    (2) Travel costs of Native American grantee officials, including 
staff, board members, and advisory council members are allowable if the 
travel and costs specifically relate to programs under the Act. These 
costs will be charged to administration. Travel costs for officials of 
tribes or organizations belonging to a consortium require advance 
written approval from the Chief, DINAP, unless they are also officials 
of the Native American grantee organization.
    (3) Travel costs for participants using their personal vehicles in 
the performance of their jobs are allowable if the employing agency 
normally reimburses its other employees in this way. These costs shall 
be charged to supportive services.
    (4) Travel costs to enable participants to obtain employment or to 
participate in programs under the Act are allowable as supportive 
services.
    (l) Allocation of fixed unit charge. (1) When contractors or 
subgrantees bill the Native American grantee with a single unit charge 
containing costs which are chargeable to more than one cost category, 
the Native American grantee shall charge these costs to the cost 
categories in Sec. 632.38. For unit charges such as tuition fees for 
which the necessary detail cannot be provided, a reasonable estimate of 
the breakdown of the single unit charge among cost categories in 
Sec. 632.38 will be sufficient, including for audit purposes. When such 
unit charges are normally billed as a single charge and the cumulative 
amount of such charges to a service provider does not exceed $25,000 
within the grant year, proration will not be required. These costs may 
be charged to the category receiving the most benefit.
    (2) The provisions of this section shall not apply to vendors 
selling or leasing equipment and attendant service at a commercially 
established rate to Native American grantees or subgrantees.
    (3) In the case of multiuse equipment there must be a proration of 
costs or, if there is a predominant usage relating to one cost category, 
a charge shall be made to that category.
    (4) Any single cost, such as staff salaries or fringe benefits, 
which is properly chargeable to more than one cost category shall be 
prorated among the affected categories.