The ETA national office shall:
(a) Monitor ETA regional offices' carrying out of JS regulations;
(b) From time to time, conduct such special reviews and audits as
necessary to monitor ETA regional office and State agency compliance
with JS regulations;
(c) Offer technical assistance to the ETA regional offices and State
agencies in carrying out JS regulations and programs;
(d) Have report validation surveys conducted in support of resource
allocations;
(e) Develop tools and techniques for reviewing and assessing State
agency performance and compliance with JS regulations.
(f) ETA shall appoint a National MSFW Monitor Advocate, who shall
devote full time to the duties set forth in this subpart. The National
MSFW Monitor Advocate shall:
(i) Review the effective functioning of the Regional and State MSFW
Monitor Advocates;
(ii) Review the performance of State agencies in providing the full
range of JS services to MSFWs;
(iii) Take steps to resolve or refer JS-related problems of MSFWs
which come to his/her attention;
(iv) Take steps to refer non JS-related problems of MSFWs which come
to his/her attention;
(v) Recommend to the Administrator changes in policy toward MSFWs;
and
(vi) Serve as an advocate to improve services for MSFWs within JS.
The National MSFW Monitor Advocate shall be a member of the National
Farm Labor Coordinated Enforcement Staff Level Working Committee.
(1) The National MSFW Monitor Advocate shall be appointed by the
Administrator after informing farmworker organizations and other
organizations with expertise concerning MSFWs of the openings and
encouraging them to refer qualified applicants to apply through the
federal merit system. Among qualified candidates, determined through
merit systems procedures, individuals shall be sought who meet the
criteria used in the selection of the State MSFW Monitor Advocates, as
provided in Sec. 653.108(b).
(2) The National MSFW Monitor Advocate shall be assigned staff
necessary to fulfill effectively all the responsibilities set forth in
this subpart.
(3) The National MSFW Monitor Advocate shall submit an annual report
(``Annual Report'') to the Administrator, the ETA Assistant Secretary,
and the National Farm Labor Coordinating Committee covering the matters
set forth in this subpart.
(4) The National MSFW Monitor Advocate shall monitor and assess
State agency compliance with JS regulations affecting MSFWs on a
continuing basis. His/her assessment shall consider
(i) Information from Regional and State MSFW Monitor Advocates;
(ii) Program performance data, including the service indicators;
(iii) Periodic reports from regional offices;
(iv) All federal on-site reviews;
(v) Selected State on-site reviews;
(vi) Other relevant reports prepared by USES;
(vii) Information received from farmworker organizations and
employers; and
(viii) His/her personal observations from visits to State JS
offices, agricultural work sites and migrant camps. In the Annual
Report, the National MSFW Monitor Advocate shall include both a
quantitative and qualitative analysis of his/her findings and the
implementation of his/her recommendations by State and federal
officials, and shall address the information obtained from all of the
foregoing sources.
(5) The National MSFW Monitor Advocate shall review the activities
of the State/federal monitoring system as it applies to services to
MSFWs and the JS complaint system including the effectiveness of the
regional monitoring function in each region and shall recommend any
appropriate changes in the operation of the system. The National MSFW
Monitor Advocate's findings and recommendations shall be fully set forth
in the Annual Report.
(6) If the National MSFW Monitor Advocate finds that the
effectiveness of any Regional MSFW Monitor Advocate has been
substantially impeded by the Regional Administrator or other Regional
Office official, he/she shall, if unable to resolve such problems
informally, report and recommend appropriate actions directly to the
Administrator. If the National MSFW Monitor Advocate receives
information that the effectiveness of any State Monitor Advocate has
been substantially impeded by the State Administrator or other State or
federal JS official, he/she shall, in the absence of a satisfactory
informal resolution at the regional level, report and recommend
appropriate actions directly to the Administrator.
(7) The National MSFW Monitor Advocate shall be informed of all
proposed changes in policy and practice within USES, including JS
regulations, which may affect the delivery of services to MSFWs. The
National MSFW Monitor Advocate shall advise the Administrator concerning
all such proposed changes which may adversely affect MSFWs. The National
MSFW Monitor Advocate shall propose directly to the Administrator
changes in JS policy and administration which may substantially improve
the delivery of services to MSFWs. He/she shall also recommend changes
in the funding of state agencies and/or adjustment or reallocation of
the discretionary portions of funding formulae.
(8) The National MSFW Monitor Advocate shall participate in the
review and assessment activities required in this section and
Sec. 658.700 et seq. As part of such participation, the National MSFW
Monitor Advocate, or if he/she is unable to participate a Regional MSFW
Monitor Advocate, shall accompany the National Office review team on
National Office on-site reviews. The National MSFW Monitor Advocate
shall engage in the following activities in the course of each State on-
site review:
(i) He/she shall accompany selected outreach workers on their field
visits.
(ii) He/she shall participate in a random field check[s] of migrant
camps or work site[s] where MSFWs have been placed on inter or intra
state clearance orders.
(iii) He/she shall contact local CETA 303 groups or other farmworker
organizations as part of the on-site review, and, conduct an interview
with representatives of the organizations.
(iv) He/she shall meet with the State MSFW Monitor Advocate and
discuss the full range of the JS services to MSFWs, including the
monitoring and complaint systems.
(9) In addition to the duties specified in paragraph (f)(8) of this
section, the National MSFW Monitor Advocate each year during the harvest
season
shall visit the four states with the highest level of MSFW activity
during the prior fiscal year, if they are not scheduled for a National
Office on-site review during the current fiscal year, and shall:
(i) Meet with the State MSFW Monitor Advocate and other central
office staff to discuss MSFW service delivery, and (ii) contact
representatives of MSFW organizations and interested employer
organizations to obtain information concerning JS service delivery and
coordination with other agencies.
(10) The National MSFE Monitor Advocate shall perform the duties
specified in Sec. 658.700. As part of this function, he/she shall
monitor the performance of regional offices in imposing corrective
action. The National MSFW Monitor Advocate shall report any deficiencies
in performance to the Administrator.
(11) The National MSFW Monitor Advocate shall establish routine and
regular contacts with CETA 303 groups, other farmworker organizations
and agricultural employers and/or employer organizations. He/she shall
attend conferences or meetings of these groups wherever possible and
shall report to the Administrator and the National Farm Labor
Coordinated Enforcement Committee on these contacts when appropriate.
The National MSFW Monitor Advocate shall include in the Annual Report
recommendations as to how DOL might better coordinate JS and CETA 303
services as they pertain to MSFWs.
(12) In the event that any State or Regional MSFW Monitor Advocate,
enforcement agency or MSFW group refers a matter to the National MSFW
Monitor Advocate which requires emergency action, he/she shall assist
them in obtaining action by appropriate agencies and staff, inform the
originating party of the action taken, and, upon request, provide
written conformation.
(13) Through all the mechanisms provided in this subpart, the
National MSFW Monitor Advocate shall aggressively seek to ascertain and
remedy, if possible, systemic deficiencies in the provisions of JS
services and protections afforded by these regulations to MSFWs. The
National MSFW Monitor Advocate shall:
(i) Use the regular reports on complaints submitted by State
agencies and ETA regional offices to assess the adequacy of these
systems and to determine the existence of systemic deficiencies.
(ii) Provide technical assistance to ETA regional office and State
agency staffs for administering the JS complaint system.
(iii) Recommend to the Administrator specific instructions for
action by regional office staff to correct any JS-related systemic
deficiencies. Prior to any ETA review of regional office operations
concerning JS services to MSFWs, the National MSFW Monitor Advocate
shall provide to the Administrator a brief summary of JS-related
services to MSFWs in that region and his/her recommendations for
incorporation in the regional review materials as the Administrator and
ETA reviewing organization deem appropriate.
(iv) Recommend to the National Farm Labor Coordinated Enforcement
Committee specific instructions for action by ESA and OSHA regional
office staff to correct any non-JS-related systemic deficiencies of
which he/she is aware.
