§ 95.3 (a) (4) of this Part 95, shall, in addition to the requirements of paragraph (a), include in their preapplications a statement and justification that they meet the requirements of § 95.3 (a) (4). Consortia formed in exceptional circumstances shall also submit an agreement as required in paragraph (b).

§ 95.12 Prime sponsor designation.

Upon receipt of a completed preapplication, the ARDM shall determine whether the applicant is eligible to be designated as a prime sponsor and shall notify the applicant of his determination. Exhibit M-2, Notice of Preapplication Review Action, FMC 74-7 will be used. A grant application package (§ 95.14(b)) shall be sent to each applicant designated as being eligible.

(a) General. An applicant for financial assistance shall submit an approvable Comprehensive Manpower Plan, as set out in § 95.14 of this Part 95. In developing and modifying such a plan, an applicant shall utilize the advisory councils set out in this section (sections 104, 105, and 107).

(b) Planning process. The prime sponsor shall have a planning process for the development of its Comprehensive Manpower Plan. That process shall utilize, as appropriate, the advisory councils established in this section and shall also assure the participation in program planning of community-based organizations and the population to be served.

(c) Prime sponsor Manpower Planning Council. (1) Each prime sponsor shall appoint a Manpower Planning Council representative of the geographic area to be served. The Planning Council function is advisory. The Council's advisory authority does not free the prime sponsor from its final decisionmaking responsibilities under the Act.

(2) The Planning Council shall advise the prime sponsor in the setting of basic goals, policies, and procedures for its program under Title I and Title II of the Act. It shall make recommendations regarding program plans, and provide for continuing analyses of needs for employment, training, and related services in such areas. Planning Councils should monitor all manpower programs funded under Title I and Title II of the Act and provide for objective evaluations of other manpower and related programs operat

ing in the prime sponsor's areas, for the purpose of improving the utilization and coordination of the delivery of such services. The procedures for evaluating programs not funded under Title I and Title II of the Act will be developed in cooperation with the agencies affected. The Planning Council shall make recommendations based upon its analyses to the prime sponsor, which will consider them in the content of its overall decisionmaking responsibility.

(3) Each prime sponsor shall, to the extent practical, include as appointments to its Planning Council members who are representative of the participant community (e.g., women, persons of limited English-speaking ability and other minority groups), community-based organizations, the Employment Service, education and training agencies and institutions, business, organized labor, and where appropriate, agriculture. Generally, staff of State or local government agencies would not provide appropriate representation of the participant community their agency serves. Persons representative of other interested groups may also be appointed. The prime sponsor shall appoint a chairman of the Planning Council and provide professional, clerical, and technical staff to serve it. Funds for supportive services and related staff costs for the Planning Council may be made available from a prime sponsor's basic allocation.

(d) State Manpower Services Council. (1) A State prime sponsor shall establish, in addition to its Planning Council under paragraph (c), a State Manpower Services Council (SMSC) representative of the geographic area to be served. The SMSC function is advisory and does not relieve the State of its final decisionmaking responsibilities under the

Act.

(2) Consistent with the requirements of Section 107 of the Act, the Governor shall appoint Council members, as follows:

(i) At least one-third of the membership of the Council shall be composed of representatives of prime sponsors who have been designated in accordance with procedures agreed upon by the chief executive officers of such prime sponsors. (All prime sponsors within the State need not be represented; whatever the size of the Council, one-third of its membership shall be representatives of prime sponsors within the State.)

(ii) One representative shall be appointed from each of the following: the State Board of Vocational Education, the State employment service, and any State agency the Governor believes has an interest in manpower or manpower-related services within the State.

ap

(iii) Representatives shall be pointed from organized labor, business and industry, the general public, community-based organizations, and from the population to be served under the Act (including representation of women, persons of limited English-speaking ability, and other minority groups when such persons represent a significant portion of the participant population). Generally, staff of State or local government agencies would not provide appropriate representation under this paragraph.

(3) The Governor shall appoint a chairman for the Council and provide the Council with professional, technical, and clerical staff. The Council shall meet as it deems necessary.

(4) Council responsibilities shall include, but not be limited to;

(i) Reviewing prime sponsor plans, proposed modifications, and comments thereon;

to

(ii) Reviewing State agency plans for providing services to prime sponsors; (iii) Making recommendations prime sponsors, agencies providing manpower services, the Governor, and the general public on improving the coordination and effectiveness of manpower services within the State;

(iv) Monitoring continuously (A) the operation of programs conducted by prime sponsors in the State and (B) the availability, responsiveness, adequacy, and effective coordination of State services provided by all manpower-related agencies. The monitoring conducted by SMSC's shall include an emphasis upon reviewing statewide and inter-prime sponsor issues of utilization and coordination of manpower resources of State agencies, and the coordination of plans and operations in contiguous areas. The extent and procedures for monitoring prime sponsors and State agencies must be defined by the SMSC and publicized to all prime sponsors and State agencies affected prior to their being implemented; and

(v) Submitting an annual report to the Governor which will be a public document, and issuing such other studies, reports or documents to the Governor and

prime sponsors as the SMSC believes necessary to effectively carry out the Act.

(e) Combined planning and services councils. In any State where the State is the only prime sponsor, the prime sponsor planning council may also perform the functions of the State Manpower Services Council. In such instances, the membership of the prime sponsor's planning council shall reflect the membership requirements of the State Manpower Services Council, in addition to meeting the membership requirements of a prime sponsor planning council, except that the provision of § 95.13 (d) (2) (i) is not required.

§ 95.14 Content and description of grant application.

(a) General. (1) This section describes the grant application which prime sponsor applicants will use to apply for their grant allotment of funds under Title I of the Act. A single grant document may be provided by the ARDM for obtaining funds under Titles I and II. Such a document shall contain all the requirements set out for such grants in these regulations. Procedures for special State grants under Title I are in Subpart D of this Part 95 (sec. 105).

(2) A copy of all forms and instructions are contained in the Forms Preparation Handbook.

(b) Grant application forms—(1) Application for Federal Assistance. The Application for Federal Assistance identifies the applicant and the amount of funds requested; it provides information concerning the area to be served and the number of people expected to benefit from the program. The form for Part I of the Application for Federal Assistance (Nonconstruction Programs) contained in FMC 74-7 is being used.

(2) Title I Comprehensive Manpower Plan. The Title I Comprehensive Manpower Plan is a statement of how the applicant intends to use its Title I funds and to coordinate its activities with other manpower programs and services operating within its jurisdiction. The Title I Comprehensive Manpower Plan consists of the Narrative Description of the Title I Program, the Program Planning Summary, Budget Information Summary and Occupational Summary, all described below. For consortia the approved consortium agreement shall be a part of the plan.

(i) Narrative Description of Title I Program. The Narrative Description of

the Title I Program provides for a narrative outline of the proposed program under the Act. It identifies and explains the manpower problems within the applicant's jurisdiction, describes proposed program activities and delivery systems to deal with those problems, and projects the results which may be expected from the program. The Narrative Description of the Title I Program requires a detailed statement on the program including the following items. The Forms Preparation Handbook gives detailed instructions for these items required in the Narrative Description of the Title I Program:

(A) Objectives and needs for assistance. (1) Policy statement on purpose of program;

(2) Description of economic conditions;

(3) Description of labor force characteristics;

(4) Explanation of skill shortage occupations;

(5) Definition of manpower needs; (6) Statement of groups to be served including consideration given to priority groups and occupations;

(7) Statement of goals to be accomplished.

(B) Results and benefits expected. (1) Statement relating planned outputs to needs;

(2) Rationale for selection of program activities in the program design;

(3) Statement of how the program design will provide participants with economic self-sufficiency; and

(4) Explanation of how the program will enhance career development.

(C) Approach. (1) Description of the planning system and participation of community based organizations and the population to be served;

(2) Statement of strategy for accomplishing goals;

(3) Description of each program activity and service and the enrollee flow;

(4) Description of methods to be used to recruit, select and determine eligibility of participants;

(5) Description of how persons of limited English-speaking ability will be served if they represent a significant portion of an applicant's program;

(6) Description of special consideration to veterans;

(7) Description of continuity of services to participants when the geographical area of the prime sponsor has changed;

(8) Description of the applicant's administrative system including accounting for placements;

(9) Description of the mechanism for assuring equal employment opportunity; (10) Description of allowance payment system;

(11) Description of consideration given to programs of demonstrated effectiveness and explanation of reasons specific delivery agents were selected including reason existing services and facilities, including State employment security agencies, State vocational education agencies, vocational rehabilitation agencies, local education agencies, post secondary training and educational institutions, community action agencies, and area skill centers, were not utilized and justification of any duplication of services.

(12) Description of coordination with deliverers of manpower services not supported by the Act; and

(13) Justification of administrative costs planned;

(D) Geographic location served. Description of the geographical locations to be served.

(E) Additional items relating to State applicants. (1) A description of arrangements for serving all geographic areas under its jurisdiction, (i.e., balance of State) except for areas served by other prime sponsors:

(2) Description of the functions of the State Manpower Services Council;

(3) Description of State Manpower Services to be undertaken.

(F) Additional items relating to Public Service Employment Programs. (1) Description of unmet public service needs and priorities;

(2) Relationship of types of jobs to public service needs described above; (3) Justification funding and job allocation to government agencies;

(4) Description of strategy for serving and matching jobs to special veterans' skills;

(5) Description of plan for providing services to significant segments of the population, and disabled veterans, special veterans, and those veterans discharged within four years of the date of application, welfare recipients, and former manpower trainees;

(6) Description of the methods of determining rates of compensation when they differ from what is normally paid by the employer and reasons for the difference;

(7) Description of actions to insure compliance with personnel procedures and collective bargaining agreements for jobs in other than the entry level in any job category;

(8) Plans to improve and expand employment and advancement opportunities of the target population;

(9) Description of supervisory training, education and other services to participants;

(10) Explanation of linkages with other programs;

(11) Description of efforts to remove artificial barriers; and

(12) Maintenance of effort verification. (ii) Program Planning Summary. The Program Planning Summary requires a prime sponsor to provide a quantitative statement of planned enrollment levels, the participants to be served by each program activity (classroom training, on-the-job training, public service employment, work experience, and other activities) and outcomes for program participants. It also requires an identification of the significant segments of the population and the number of individuals to be served in each.

(iii) Budget Information Summary. The Budget Information Summary requires a prime sponsor to provide a quantitative statement of planned expenditures and obligations by the grantee. It requires prime sponsors to indicate yearly planned expenditures by cost category (administration, allowances, wages, fringe benefits, training, and services); the prime sponsor is to reflect planned quarterly obligations, and planned quarterly expenditures by program activity.

(iv) Public Service Employment Occupational Summary. The Occupational Summary requires a prime sponsor operating a public service employment program under the Act to provide a description of proposed job opportunities, occupations and wages, including a comparison of such wages with wages for similar nonsubsidized jobs in the employing agency.

(3) Assurances and Certifications. The Assurances and Certifications form is a signature sheet on which the prime sponsor assures and certifies that it will comply with the Act, the regulations of the Department, other applicable laws, and applicable Federal Management Circulars and Office of Management and Budget (OMB) circulars. The Assurances and Certifications form appears in

and Forms Preparation Handbook. Following is a summary of the items which are described in detail on that form: (i) General Assurances:

(A) Compliance with the Act and regulations, including conformance to amendments;

(B) Compliance with FMC 74-4 and 74-7 and OMB Circular A-95;

(C) Legal authority to apply for the grant (secs. 102(a), 701(a) (9) (10)); (D) Compliance with Title VI of the Civil Rights Act of 1964;

(E) Non-discrimination (secs. 703 (1) and 712);

(F) Compliance with the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (FMC 74–7);

(G) Compliance with the Hatch Act as amended and restrictions on political activities (sec. 710);

(H) Prohibition on use of position for private gain (sec. 702(a));

(I) Access of Comptroller General and Secretary to records and documents pertaining to the Act (sec. 713(2));

(J) Non-support of religious facilities (sec. 703 (4));

(K) Maintenance of required health and safety standards (sec. 703(5));

(L) Provision of appropriate employment and training conditions in regard to type of work, geographical region and proficiency of the participant (sec. 703 (4));

(M) Provision of workmen's compensation protection to participants in onthe-job training, work experience, or public service employment programs under the Act at the same level and to the same extent as other employees of the employer who are covered by a State or industry workmen's compensation statute; and provision of worknien's compensation insurance or medical and accident insurance for injury or disease resulting from their participation to those individuals engaged in any program activity under the Act, i.e., work experience, on-the-job training, public service employment, classroom training, services to participants, and other activities, where others similarly engaged are not covered by an applicable workmen's compensation statute (secs. 703 (6) and 208 (4));

(N) Use of funds under the Act to supplement, rather than supplant funds otherwise available, prohibition on displacement of employed workers by participants employed under the Act, and prohibition on impairment of existing

contracts for services (secs. 703 (11) and 703 (7));

(O) Training only in occupations which require two or more weeks of preemployment training, unless there are immediate employment opportunities (secs. 703 (8), and 105(a) (6));

(P) Training which has a reasonable expectation to lead to unsubsidized employment and which provides for the development of participants' potential consistent with their capabilities (secs. 703 (9), 105(a) (6), and 703(10));

(Q) Use of funds to supplement rather than supplant the level of funds otherwise available for the planning and administration of the program (sec. 703 (11));

(R) Compliance with reporting and recordkeeping requirements of the Act and regulations (secs. 703 (12) and 311 (c));

(S) Contribution to the occupational development or upward mobility of individual participants (sec. 703 (13));

(T) Provision of required administrative and accountiing controls (sec. 703 (14));

(U) Provision for the manpower needs of youth in the area served (sec. 703 (15));

(V) Compliance with minimum wage requirements specified under the Act (secs. 111 (a) and (b) and 208(a) (2));

(W) Compliance with applicable labor standards pertaining to the worksite or training facility (secs. 111(b) and 706);

(X) Services and activities provided under this Act will be administered by or under the supervision of the applicant (sec. 105 (a) (1) (D) );

(ii) Additional assurances for Title I programs, as required by the Act:

(A) Provision of manpower services to those most in need of them, and consideration of the need for continued funding of programs of demonstrated effectiveness to serve them (sec. 105(a) (1) (D));

(B) Design of programs of institutional skill training for skill shortage occupations (sec. 105(a) (6));

(C) Submission of a comprehensive plan in accordance with section 105(a) and compliance with the provisions of section 105(b);

(D) Arrangements to assist the Secretary in carrying out his responsibilities under sections 105 and 108 of the Act (sec. 105 (a) (7));

(E) Special consideration given to the needs to unemployed disabled veterans,

special veterans and veterans discharged within four years of the date of application and special outreach and coordination efforts to serve such veterans (secs. 205(c)(5), 205 (c) (26) and 104(b) of the Emergency Jobs and Unemployment Assistance Act of 1974 (Pub. L. 93–567)).

(iii) Additional assurances relating to public service employment programs as follows:

(A) Special consideration be given to the filing of jobs which provide prospects for advancement or continued employment by providing complementary training and manpower services in accordance with procedures established in section 205(c) (4);

(B) Provision of public service jobs, to the extent feasible, in occupational fields most likely to expand within the public or private sector as the unemployment rate recedes (sec 205 (c) (6));

(C) Special consideration in filling transitional public service jobs be given to persons most severely disadvantaged in terms of length of unemployment and prospects for finding employment unassisted, but not authorize the hiring of any person when another person is on lay-off from the same or equivalent job (sec. 205 (c) (7));

(D) Prohibition against the use of funds to hire any person to fill a job opening created by the action of an employer in laying off or terminating the employment of any other regular employee not supported under the Act in anticipation of filling such vacancy by hiring an employee to be supported under the Act (sec. 205 (c) (8));

(E) Consideration of persons who have participated in manpower training programs (sec. 205(c) (9));

(F) Compliance with periodic review procedures pursuant to section 207(a) of the Act (sec. 205 (c) (17));

(G) Removal of artificial barriers to public employment by agencies and institutions receiving financial assistance and contributing, to the maximum extent feasible, to the elimination of artificial barriers to employment and occupational advancement (secs. 205 (c) (18) and 205(c) (21));

(H) Maintenance or provision of linkages with upgrading and other manpower programs to assist persons employed in public employment programs to fulfill their career goals (sec. 205(c) (19));

(I) Employment of not more than one-third of the participants in a bona