Background: The Secretary of Commerce is working with the Secretaries of Defense, Labor, Energy and other members of the President's National Economic Council, to meet the needs of those affected by military base closings and defense contract reductions. Within DOC, EDA is the primary agency responding to defense adjustment impacts on communities. The primary interest of EDA is to reach community officials and citizens interested in the community economic adjustment programs that they offer. Action Required: Please distribute the attached information to appropriate officials within the State.

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Reference. DINAP BULLETIN NO. 94-18 Background. On February 10, 1995, DINAP sent instructions for completing the Program Year 1995 Comprehensive Annual Plans and Calendar Year 1995 Summer Youth Plans to all grantees. In response to grantees requesting more time to develop their plans, DINAP issued the planning instructions earlier than in years past. The established due dates were set at April 7 for Summer Plans and April 21 for Comprehensive Annual Plans. Almost all grantees submitted their plans by the due dates or shortly thereafter; however, a few Summer Plans have yet to be received as well as several Comprehensive Annual Plans. Action. Grantees that have not submitted either or both of their plans must do so immediately. Plans submitted late will cause a delay in the review and funding process. More importantly, GRANTEES FAILING TO SUBMIT SUMMER PLANS and COMPREHENSIVE ANNUAL PLANS BY JUNE 30, 1995, WILL NOT RECEIVE FUNDING FOR THE CALENDAR YEAR 1995 SUMMER PROGRAM OR THE PROGRAM YEAR 1995 REGULAR PROGRAM. Furthermore, grantees operating Title II-B summer programs or Title IV-A programs without Department-approved plans will not be reimbursed for any associated costs. If for any reason a grantee feels they will be unable to meet the June 30 deadline, they are advised to contact the Chief of DINAP immediately.

Reference: None. Background: RQC is a comprehensive measurement system designed to assist State and Federal Administrators in assessing and improving their Unemployment Insurance (UI) tax operations. The design has been crafted through a cooperative effort between the Department of Labor's National Office staff, Regional Office staff, SESA staff working with the National Office on temporary Intergovernmental Personnel Act (IPA) assignments, and SESA staff serving in advisory capacities (expert panel). To date, staff from eleven different SESAs have served on IPA assignments. With the approaching expiration of the terms for the current IPAs, several openings will become available. Current Status of RQC: RQC encompasses all major dimensions of quality: accuracy, timeliness, and completeness. The system has been divided into three "modules": a. Core RQC. Voluntary implementation of this module is scheduled in 49 States in 1993. Core RQC assesses SESA tax operations through computed measures obtained by required reporting of data, Program Reviews, and Surveys. Computed Measures are similar to the tax indicators from ETA 581 Reports currently used with Desired Levels of Achievement (DLAs). The Program Review is further divided into Systems Reviews and Acceptance Samples. Systems Reviews examine tax processes for the existence of internal controls. Acceptance Samples examine small numbers of transactions to verify the effectiveness of the internal controls. Surveys gather information on methods and procedures for the purpose of identifying successful operations and sharing information amongst the SESAs. b. Benefit Charging Accuracy. This module involves two steps: (1) assessing the accuracy of the decisions to charge or non- charge base period employers, and (2) assessing the accuracy of the allocations of benefit charges to employers and/or general pool accounts. Pilot testing has been completed in six SESAs, and the results are being reported to all SESAs with a request for their comments. c. Employer Compliance. This module, which is in the developmental stage, is an attempt to produce a single measure for the dollar impact of employers' tax compliance (or noncompliance) through two components: compliance with tax reporting and compliance with paying contributions due. SESA volunteers are being solicited for a fiscal year 1994 pilot test. State Nomination of Staff to Provide Technical Support in the Development of RQC: The contractual assignments for our present team of IPAs are drawing to a close; therefore, the services of new SESA tax staff will be needed. The RQC Workgroup is seeking individuals with knowledge and experience in SESA tax operations, with knowledge of automation in tax operations, and with good writing and analytical skills who can apply this expertise on a broad scope. SESA tax staff are being recruited to work in Washington, DC on 1 to l l/2 year assignments, beginning approximately August 1, 1993. These staff will participate with the RQC Workgroup in assignments from among the following: -- Implementation of Core RQC in the SESAs, -- Development of the Modules for Employer Compliance and Benefit Charging, and -- Development of ADP interfaces. A person serving on an IPA assignment with RQC remains a State employee, continuing to draw normal salary and benefits. Direction and control are provided by Federal staff. Salary and relocation/per diem expenses may be paid by the SESA, the Department of Labor, or shared, depending on arrangements negotiated between the SESA and the Department. IPAs are entitled to either (1) the reasonable cost of relocation to and from Washington, DC; or (2) the reasonable cost of living expenses (per diem) while working in Washington, DC. Action Required: SESA Administrators are requested to notify appropriate staff of opportunities for IPA assignments and to forward resumes/applications of interested applicants to the Regional Office within 30 days of this UIPL. The resume/application should show work history (including duties), name and phone number of the applicant's supervisor, and the applicant's phone number.

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References: Section 143 of JTPA; Section 627.310(d) of the JTPA Interim Final Regulations (Federal Register, December 29, 1992); and Child Labor Regulations, 29 CFR 570, including changes by the Department of Labor's Employment Standards Administration (ESA) to three Hazardous Occupations Orders (HOs), effective December 20, 1991, in Subpart E--Occupations. Background: JTPA requires, under Section 143(a)(1) (Labor Standards), that "conditions of employment and training shall be appropriate and reasonable in light of such factors as the type of work, geographical region, and proficiency of the participant." In addition, Section 143(a)(2) states, "Health and safety standards established under State and Federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants." Pursuant to Section 3(1) of FLSA, the Secretary of Labor has issued regulations allowing, under limited conditions, the employment of youth 14 and 15 years old. These regulations are found in Child Labor Regulation No. 3 (29 CFR Part 570, Subpart C). Pursuant to the same section of FLSA, HOs are issued which prohibit the employment of minors under 18 years of age in occupations declared by the Secretary of Labor to be particularly hazardous for such minors or detrimental to their health or well being. The regulations at 29 CFR Part 570 (Subparts E and E-1), among other things, describe the restrictions on employment of minors between the ages of 16 and 18 and those occupations, both agricultural and non-agricultural, which are particularly hazardous. JTPA Title II-A, as well as Title II-B and II-C, as amended, incorporates employment or work experience programs for minors between 14 and 18 years of age, such as entry employment experience, internships, and on-the-job training. Therefore, particularly because the 1992 JTPA Amendments have broadened the participation of minors 14 and 15 years old in JTPA programs, it is important to determine whether minors of these ages are working in occupations and/or, where 14- and 15-year-old minors are concerned, during hours or times prohibited by FLSA's child labor provisions. Employers violating FLSA's child labor provisions may be assessed fines of up to $10,000 for each employee who is the subject of a violation. Child Labor Provisions: ESA's Wage and Hour Division, which is responsible for enforcing the FLSA, has informed us of a number of instances, including fatalities, involving JTPA funded employment and training programs that violated FLSA's child labor provisions. Therefore, we believe it is necessary to alert SDAs to the FLSA child labor provisions. Under the child labor provisions of FLSA, 16 years is the basic minimum age for employment; however, persons 14 and 15 years of age may be employed outside school hours in a variety of non manufacturing and nonhazardous jobs under specified conditions that do not interfere with their health, well being, or opportunity to obtain an education. Child Labor Regulation No. 3 limits the hours and the time of day that minors 14 and 15 years old may work and prohibits their employment in certain occupations. In non farm jobs, they may not work: (1) during school hours; (2) more than 8 hours in a day and 40 hours in a week when school is not in session; (3) more than 3 hours in a day and 18 hours in a week when school is in session; or (4) before 7 a.m. and after 7 p.m., except during the summer (June 1 through Labor Day) when the evening hour is extended to 9 p.m. Youth 14 and 15 years old may not work in any of the HOs applicable to youth ages 16 and 17, such as manufacturing, mining and a number of other activities identified in the Regulations. All JTPA participants must be at least 18 years old to work in any of the nonagricultural HOs. This minimum age applies even when the minor is employed by the parent or person standing in place of the parent. The 17 nonagricultural HOs in effect apply either on an industry-wide basis or to an occupation irrespective of the industry in which the occupation is found. Attached is a copy of Child Labor Bulletin No. 101 which describes the FLSA child labor provisions that apply to minors under 18 in nonagricultural employment. A summary of the employment standards for minors 14 and 15 years old described above is included. The HOs are briefly described beginning on page 3 of the bulletin and in the "non farm" fact sheet included in this package. An additional fact sheet concerning the employment of minors in farm jobs is also enclosed. HO 2 (Motor Vehicle Occupations), HO 10 (Occupations Involving the Operation of Power-Driven Meat Processing Machines), and HO 12 (Power-Driven Paper-Products Machine Occupations) were modified and clarified effective December 20, 1991, as published in the Federal Requester on November 20, 1991 (Vol. 56, No. 224). ESA Wage and Hour Enforcement Plans: The Wage and Hour Division of ESA has begun enforcement activities in States and SDAs. While contacts may have been made already, ESA will contact each State liaison to arrange for a discussion of FLSA's child labor provisions and their enforcement. We advise that SDAs become familiar with these prohibitions and that they consult the Regulations at 29 CFR Part 570 for a fuller understanding of all applicable provisions. Particular attention should be paid to the hazardous occupations, including definitions and the enumeration of particular exemptions, such as the employment of apprentices and student-learners. In general, with regard to possible conflicts among Federal or State law, regulation or municipal ordinance,the more restrictive standard shall be applicable (29 CFR 570.50 (a)). Action: State liaisons should ensure that SDAs have the information set forth in this TEIN and its attachments and are aware of the particular prohibitions and concerns regarding the employment of 14 through 17 year old JTPA participants.

References: Public Law 97-300, Section 4(8) (JTPA); and Internal Revenue Code Section 51 (TJTC). Background: JTPA defines the term "economically disadvantaged" at Section 4(8) of the Act. Among other things the term means an individual who is a member of a family which has received a total family income for the 6-month period prior to application for the program involved which, in relation to family size, was not in excess of the higher of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or 70 percent of the LLSIL. Pursuant to 26 U.S.C. 51(d)(11), the LLSIL is used to determine whether an individual is a member of an economically disadvantaged family for applicable Targeted Jobs Tax Credit purposes. Since for TJTC purposes, the determination of whether an individual is a member of an economically disadvantaged family necessarily will relate to a period prior to 1995, the LLSIL figures in the attached notice will not be utilized by the TJTC program under current law. The poverty levels were revised and new Federal Poverty Income Guidelines were published in the Federal Register on Thursday, February 9, 1995. The guidelines for the LLSIL were published in the Federal Register on April 25, 1995. (NOTE: TABLE 4 OF THE LLSIL GUIDELINES WAS REPUBLISHED ON MAY 8, 1995, TO ADD THE PARENTHESES, WHICH WERE INADVERTENTLY OMITTED FROM THE FIRST PUBLICATION NOTICE.) Attached are copies of these 1995 guidelines. Effective Date: States may implement these guidelines in accordance with the dates as published in the Federal Register or on such later date as the Governor may determine for JTPA programs in the State, but no later than July 1, 1995. In future years as well, States may implement guidelines in accordance with the effective dates published in the Federal Register.

Background: Program letters, or the five letter series, are considered temporary directives containing instructions or information of a short-term nature which complement one of the five parts of the ES Manual. Rather than rewrite and reissue expiring program letters which still contain relevant information or instructions, the expiration date is extended. Attached is a listing of program letters with extended expiration dates for the above period.

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Reference: 20 CFR Part 655, Subparts D and E; 20 CFR Part 655, Subparts H and I; 20 CFR Subparts J and K; 20 CFR Part 656; Technical Assistance Guide (TAG) No.656 Labor Certifications; and ESPL No. 2-91. Background: Prevailing wage surveys and determinations are made by State employment security agencies in response to labor certification applications, labor condition applications and attestations filed by employers for the purpose of employing immigrant aliens and nonimmigrant aliens in H-1A nursing occupations, in H-1B specialty occupations, in H-2B temporary nonagricultural job opportunities and in off-campus employment of students on F-1 visas. The Department of Labor has significant enforcement responsibilities involving wages and other matters in administering the H-1A, H-1B, and F nonimmigrant programs. Recent enforcement actions have shown that SESAs and Regional Offices may not be interpreting and applying existing regulations and policy directives relating to prevailing wage procedures in an accurate and consistent manner. Accuracy and consistency in conducting prevailing wage surveys and making wage determinations protect the wages of U.S. workers and place the Department in the best position to bring enforcement actions against employers who do not fulfill their wage obligations under the H-1A, H-1B, and F nonimmigrant programs. The number of immigration programs administered by the Employment and Training Administration and the number of prevailing wage surveys and determinations have increased substantially in recent years accompanied by a decline in resources. This has prompted ETA to look at the most cost effective use of scarce resources devoted to developing prevailing wage information throughout the system. Operating experience shows that current regulatory requirements limit the ability of SESAs to use published surveys, and in some cases, impose impractical requirements on surveys conducted by SESAs. Planned regulation changes will address these issues. Action Required: State Administrators are requested to: A. Provide the attached policy and procedural guidance to appropriate staff. B. Instruct staff to follow these interim policies and procedures, along with those contained in TAG No. 656 in conducting prevailing wage surveys and in making prevailing wage determinations.