[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: 20CFR638.200]

[Page 334-338]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 638--JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents
 
                         Subpart B--Definitions
 
Sec. 638.200  Definitions.


    In addition to the definitions contained in section 4 of the Act, 
the following definitions apply to programs under title IV-B of the Act 
and under this part:
    Absent Without Official Leave (AWOL) means the absence of a student 
without official leave. For purposes of tort claims, federal employees' 
compensation, pay status and leave accrual, a residential student is 
considered AWOL if AWOL for 24 continuous hours. A non-resident student 
is considered AWOL if AWOL for one full day of center training.
    Act means the Job Training Partnership Act.
    Allotment means:
    (1) A portion of the readjustment allowance prescribed by this part, 
which portion is paid monthly during the period of service of a student 
directly to a spouse of the student, to the child(ren) of the student, 
or to any other relative of the student who draws substantial support 
from the student; and
    (2) A supplement to the portion allotted by the student, made by the 
payment of an equal amount by DOL. (Section 429(d))
    Allowance means a benefit provided by DOL to students by cash, 
check, credit, voucher, direct provision, or otherwise for such personal 
travel, leave, quarters, subsistence, transportation, equipment, 
clothing, recreational services, and other expenses as the Job Corps 
Director may deem necessary or appropriate to the students' needs. 
(Section 429)
    Capital improvement means any modification, addition, restoration or 
other improvement:
    (1) Which increases the usefulness, productivity, or serviceable 
life of an existing site, facility, building, structure, or major item 
of equipment;
    (2) Which is classified for accounting purposes as a ``fixed 
asset''; and
    (3) The cost of which increases the recorded value of the existing 
building, site, facility, structure, or major item of equipment and is 
subject to depreciation.
    Center means an organizational entity, including all of its 
subparts, providing Job Corps training and designated as a Job Corps 
center by the Job Corps Director.
    Center Director means a center's chief official or the Center 
Director's designee.
    Center operator means an agency or contractor that runs a center 
under an agreement or contract with DOL.
    Center review board means the group at a center consisting of 
representatives from staff and students that reviews charges brought 
against students for infractions of center rules for which the penalty 
of termination might be imposed.
    Civilian Conservation Center (CCC) means a center operated on public 
land under an agreement between DOL and another federal agency, which 
shall provide, in addition to other training and assistance, programs of 
work experience to conserve, develop, or manage public natural resources 
or public recreational areas or to develop community projects in the 
public interest.

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    Contract center means a center administered under a contract between 
Job Corps and a corporation, partnership, public agency, or similar 
legal entity.
    Contracting officer means a DOL official authorized to enter into 
contracts or agreements on behalf of DOL.
    Deliverer means any individual or organization that receives federal 
funds directly from DOL to establish, operate, or provide service to any 
Job Corps program or activity.
    Department of Labor (DOL) means the United States Department of 
Labor, including its agencies and organizational units.
    Disruptive home life means a home life characterized by such 
conditions as:
    (1) The youth is living in an orphanage or other protective 
institution;
    (2) The youth is suffering from serious parental or familial neglect 
or abuse; or
    (3) The youth's father, mother, or legal guardian is a chronic 
invalid, alcoholic, narcotics addict, or has any other serious health 
condition.
    Economically disadvantaged means an individual who:
    (1) Receives, or is a member of a family which receives, cash 
welfare payments under a Federal, State, or local welfare program;
    (2) Has, or is a member of a family which has received a total 
income for the 6-month (annualized) period prior to application to the 
program which, in relation to family size or for an individual, was not 
in excess of the higher of:
    (i) The poverty level determined in accordance with criteria 
established by the Department of Health and Human Services; or
    (ii) 70 percent of the lower living standard income level;
    (3) Is receiving (or has been determined within the 6-month period 
prior to the application for the program involved to be eligible to 
receive) food stamps pursuant to the Food Stamp Act of 1977, as 
administered by the U.S. Department of Agriculture;
    (4) Is a foster child on behalf of whom State or local government 
payments are made; or
    (5) Is an individual with handicaps whose own income meets the 
requirements of paragraphs (1) or (2) of this definition, but who may be 
a member of a family whose income does not meet such requirements.
    Employment and Training Administration (ETA) means the agency within 
DOL which includes the Job Corps.
    Enrollee means a student.
    Enrollment means:
    (1) For resident students, the period of time from the date the 
student leaves home to begin government-authorized travel to the 
assigned center to the date of the scheduled arrival at the official 
travel destination authorized by the Center Director upon termination 
from Job Corps; and
    (2) For nonresident students, the period of time from the time the 
student arrives at any center activity or program until he or she 
physically leaves such activity or program.
    Environmental health program means the center program of health, 
safety, and prevention of environmental hazards for staff and students.
    Facility survey means a review of center facilities conducted by 
professional architects and/or engineers to establish the condition of a 
facility and determine repairs, alterations, or replacement, if any, 
necessary to meet health and safety, building code or programmatic 
requirements.
    Family means persons living in a single residence who are related by 
blood, marriage, or decrees of court and are included in one or more the 
following categories:
    (1) A husband, wife and dependent children,
    (2) A parent or guardian and dependent children, and
    (3) A husband and wife. A step-child or step-parent is considered to 
be related by marriage.
    Finance center means the agency or contractor which handles the 
payment of student allowances, allotments, and transportation charges.
    Imprest fund means a cash fund of a fixed amount established by an 
advance of funds, without charge to an appropriation, from an agency 
finance or disbursing officer to a duly appointed cashier, for 
disbursement as needed from time to time in making payment in cash for 
relatively small purchases. Imprest funds occur only at

[[Page 336]]

CCCs. (For contract centers, see definition of ``petty cash fund''.)
    Income means all income actually received from all sources by an 
individual or, in the case of a family, by all members of the family for 
the 6-month (annualized) period prior to application. Family size is the 
maximum number of family members during the 6-month period prior to 
application. When computing family income, income of a spouse and other 
family members is counted for the portion of the 6-month (annualized) 
period prior to application that the person was actually a member of the 
family.
    (1) For the purpose of determining an individual's eligibility for 
participation in the Job Corps program, family income includes:
    (i) Gross wages, including wages from community service employment 
(CSE), work experience, and on-the-job training (OJT) paid from Job 
Training Partnership Act funds, and salaries (before deductions);
    (ii) Net self-employment income (gross receipts minus operating 
expenses); and
    (iii) Other money income received from sources such as interest, net 
rents, OASI (Old Age and Survivors Insurance) social security benefits, 
pensions, alimony, and periodic income from insurance policy annuities, 
and other sources of income.
    (2) Family income does not include:
    (i) Non-cash income such as food stamps or compensation received in 
the form of food or housing;
    (ii) Imputed value of owner-occupied property, i.e., rental value;
    (iii) Public assistance payments;
    (iv) Cash payments received pursuant to a State plan approved under 
title I, IV, X, or XVI of the Social Security Act, or disability 
insurance payments received under title II of the Social Security Act;
    (v) Federal, State, or local unemployment benefits;
    (vi) Capital gains and losses;
    (vii) One-time unearned income, such as, but not limited to:
    (A) Payments received for a limited fixed term under income 
maintenance programs and supplemental (private) unemployment benefits 
plans;
    (B) One-time or fixed-term scholarship or fellowship grants;
    (C) Accident, health, and casualty insurance proceeds;
    (D) Disability and death payments including fixed-term (but not 
lifetime) life insurance annuities and death benefits;
    (E) One-time award and gifts;
    (F) Inheritance, including fixed-term annuities;
    (G) Fixed-term workers compensation awards;
    (H) Soil bank payments; and
    (I) Agricultural crop stabilization payments;
    (viii) Pay or allowance which were previously received by any 
veteran while serving on active duty in the Armed Forces;
    (ix) Educational assistance and compensation payments to veterans 
and other eligible persons under chapters 11, 13, 31, 34, 35, and 36, of 
title 38, U.S. Code;
    (x) Payments made under the Trade Act of 1974;
    (xi) Payments received under the Black Lung Benefits Act (30 U.S.C. 
901 et seq.);
    (xii) Any income directly or indirectly derived from, or arising out 
of, any property held by the United States in trust for any Indian 
tribe, band, or group or any individual; per capita payments; and 
services, compensation or funds provided by the United States in 
accordance with, or generated by, the exercise of any right guaranteed 
or protected by treaty; and any property distributed or income derived 
therefrom, or any amounts paid to or for the legatees or next of kin of 
any member, derived from or arising out of the settlement of an Indian 
claim; and
    (xiii) Child support payments.
    Individual means a person who lives alone, or who lives with 
unrelated individuals, or who lives in a single residence where no 
family member claims that person as a dependent. An individual with 
disabilities has an option of applying and being considered as a member 
of a family or as an individual.
    Individual with disabilities means any person within the definition 
at 29 CFR part 33 or 34 or 41 CFR part 60-741 as applicable. Although 
the definition employs the plural form ``disabilities,''

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and individual with a single impairment is covered within the 
definition. See Secs. 638.539(g) and 638.811(a).
    Interagency Agreement means that formal agreement between DOL and 
another Federal agency administering and operating centers. This 
agreement establishes procedures for the funding, administration, 
operation, and review of those centers as well as the resolution of any 
disputes.
    Job Corps means the agency of the Department of Labor established by 
section 422 of the Job Training Partnership Act (JTPA) (29 U.S.C. 1692) 
to perform those functions of the Secretary of Labor set forth in title 
IV-B of JTPA (29 U.S.C. 1691 et seq.).
    Job Corps Director means the chief official of the Job Corps or the 
Job Corps Director's designee.
    Leisure-time employment means part-time paid employment of students.
    Lower living standard income level means the income level (adjusted 
for regional, metropolitan, urban, and rural differences and family 
size) determined annually by the Secretary based on the most recent 
``lower living family budget'' issued by the Secretary.
    Maximum benefits means the apportioning of various segments of Job 
Corps training so that individual needs of each student are met and the 
student achieves as much benefit from the Job Corps as his or her 
abilities allow.
    National office means the national office of Job Corps.
    National training contractor means a labor union, union-affiliated 
organization, business organization, or a combination thereof, having 
contracts with the national office (or in the case of CCCs, a Federal 
agency at the national level) to provide vocational training, placement, 
or other services under a single contract including multi-area 
operations.
    Occupational exploration program means the center program whereby a 
student is made aware of the vocational training opportunities made 
available by the center in order for the student to make an informed 
vocational selection.
    Operational support services means activities or services required 
for the operation of Job Corps, such as outreach and screening services, 
contracted vocational training and off-center educational training, 
placement services, certain health services, and miscellaneous 
logistical services.
    Petty cash fund means a cash fund of a fixed amount from a contract 
center finance or disbursing officer to a contract center's duly 
appointed cashier, for disbursement as needed from time to time in 
making payment in cash for relatively small purchases. Petty cash funds 
occur at contract centers. (For CCCs, see definition of ``imprest 
fund''.)
    Placement means student employment, entry into the Armed Forces, or 
enrollment in other training or education programs, within six months 
following termination from Job Corps (or such other period as may be 
announced by the Job Corps Director by notice in the Federal Register).
    Placement agency means an organization acting pursuant to a contract 
with Job Corps that provides placement services to students.
    Poverty level means the annual income level at or below which 
families are considered to live in poverty, as annually determined by 
the Department of Health and Human Services.
    Readjustment allowance means the money accumulated by and reserved 
for each student on a monthly basis during tenure in Job Corps that is 
paid in a lump sum after termination.
    Readmission means re-enrollment of a student who has previously been 
enrolled in Job Corps for less than 24 months and applies for 
reenrollment to the basic program and can be expected to complete a 
program within the remaining portion of the youth's 24-month enrollment 
period.
    Regional appeal board means the board designated by the Regional 
Director in a regional office that considers student appeals of 
disciplinary discharges.
    Regional Director means the chief official of a regional office or 
the Regional Director's designee.
    Regional office means a regional office of Job Corps.
    Regional Solicitor means the chief official of a regional office of 
the DOL Office of the Solicitor or the Regional Solicitor's designee.

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    Screening agency means an organization acting pursuant to a contract 
with the Job Corps that performs outreach, screens, and enrolls youth 
into Job Corps.
    Secretary means the Secretary of Labor (the chief official of DOL) 
or the Secretary's designee.
    Site survey means a survey of a potential location for a center that 
includes a preliminary engineering evaluation of the condition and 
capacity of existing buildings, pavements, utility systems, installed 
equipment, and all other real property components as well as a 
preliminary cost estimate for acquisition of facilities, necessary 
rehabilitation, modification, and new construction required that would, 
among other considerations, take into account structural accessibility 
for persons with handicaps.
    State means one of the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the 
Commonwealth of the Northern Mariana Islands, American Samoa, the 
Federated States of Micronesia, the Republic of the Marshall Islands, 
and the Republic of Palau/Trust Territory.
    Student means an individual who is enrolled in Job Corps.
    Student handbook means the document developed by the center operator 
and given to each student during orientation that outlines center 
services, rules, and regulations and student rights and 
responsibilities. See Sec. 638.501 of this part.
    Termination means the act of officially ending a student's 
enrollment in Job Corps for any reason.
    Transfer means the reassignment of a student from one center to 
another.
    Unauthorized goods means firearms and ammunition; explosives and 
incendiaries; knives with blades longer than 2'' (two inches); homemade 
weapons; all other weapons and instruments used primarily to inflict 
personal injury; stolen property; drugs, including alcohol, marijuana, 
depressants, stimulants, hallucinogens, tranquilizers, and drug 
paraphernalia except for drugs and/or paraphernalia that are prescribed 
for medical reasons; and any other goods prohibited by the center 
operator in the student handbook.
    Utilization study means an architectural/engineering report which is 
developed subsequent to a site survey or assessment after the regional 
and national offices have agreed, on the basis of the site survey, that 
the site is potentially favorable for a center. After the utilization 
study is approved by the Job Corps Director it becomes the basis for 
scope of work, budget, design, rehabilitation, and construction of 
facilities for the center.
    Vocational skills training (VST) means activities that provide 
vocational instruction to students through actual construction or 
improvement of permanent facilities or other approved projects.
    Work experience program means a program for assignment of a student 
to an actual job situation, either on-center or off-center, for the 
purpose of enhancing a student's employability. Work experience 
requiring the student to work over 25 hours per week is subject to the 
provisions of the Fair Labor Standards Act and State and local minimum 
wage laws for hours worked in excess of 25 hours per week.

[55 FR 12996, Apr. 6, 1990, as amended at 58 FR 69099, Dec. 29, 1993]