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Sec. 23.6 Service to youth. (Redesignated]. 23.7 Service to the handicapped. (Redesig

nated] 23.8 Service to minority groups. (Redesig

nated] 23.9 Preparation and use of labor market

Information. (Redesignated ) 1 23.10 Occupational testing. (Redesignated]' 23.11 Industrial services. (Redesignated] 23.12 Community preparation. (Redesig

nated) 23.12 Rural industries and migratory labor.

(Revoked] 23.13 Foreign labor. (Revised)

AUTHORITY: $ $ 23.5 to 23.13, inclusive, issued under 48 Stat. 113, Title IV, 58 Stat. 293, 60 Stat. 679, Pub. Law 40, 80th Cong.; 29 U.S.C. 49-491, 38 U.S.C. 695-695f. Secs. 201, 203, Reorg. Plan I, 3 CFR, Cum. Supp., Chap. IV. E.O. 9247, Sept. 17, 1942, E.O. 9617, Sept. 19, 1945, 3 CFR, Supps.

SOURCE: $ $ 23.5 to 23.13, inclusive, contained in Regulations, Director, United States Employment Service, Nov. 12, 1947, 12 F.R. 7655.

18 23.12 Community preparation. (Redesignated, see

codification note to $ 23.5)

$ 23.12 Rural industries and migratory labor. [Revoked, see codification note to § 23.5]

§ 23.13 Foreign labor. It is the policy of the United States Employment Serv. ice: To provide for the recruitment of foreign workers for employment in the United States or for the recruitment of domestic workers for employment in foreign countries only when such recruitment is in accordance with provisions of an agreement or arrangement between the United States and a foreign government, except when such recruitment of domestic workers is for employment by the United States in a foreign country.

PART 25-INSTRUCTIONS TO STATE AGENCIES RELATIVE TO FISCAL AFFAIRS IN CONNECTION WITH GRANTS MADE FOR EXPENSES OF EMPLOYMENT SERVICE AD. MINISTRATION (ADDED)

§ 23.5 Agricultural and related industry placement services. It is the policy of the United States Employment Service, effective January 1, 1948: To provide placement services by furnishing adequate facilities for meeting the labor requirements of Agriculture and related industries including, when necessary, provision for special recruitment and referral programs and for the orderly and expeditious movement of migrant workers to successive job opportunities.

CODIFICATION: Former $$ 23.5 to 23.11, inclusive, were redesignated $$ 23.6 to 23.12, respectively, a new § 23.5 was added, the former $ 23.12 revoked, and $ 23.13 was revised.

$ 23.6 Service to youth. [Redesignated, see codification note to s 23.5)

§ 23.7 Service to the handicapped. [Redesignated, see codification note to § 23.5]

$ 23.8 Service to minority groups. [Redesignated, see codification note to § 23.5)

$ 23.9 Preparation and use of labor market information. [Redesignated, see codification note to § 23.5]

$ 23.10 Occupational testing. [Redesignated, see codification note to $ 23.5]

§ 23.11 Industrial services. [Redesignated, see codification note to $ 23.5]

1 See footnote on page 4335.

Subpart A-General Standards Sec. 25.1 Statutory requirements. 25.2 State fiscal practice. 25.3 Evidence of State practice. 25.4 Funds accruing from custody or ex

penditure of granted funds. 25.5 Funds available from sources other

than grants. 25.6 Advisory councils. 25.7 Litigation, court costs. 25.8 Legal defense of employees including

defense for Hatch Act violations. 25.9 Insurance; fire, flood, tornado, or

other elements. 25.10 Motor vehicle liability or property

damage insurance. 25.11 Bonding for the protection of the

administration fund. 25.12 Retirement and workmen's compensa

tion. 25.13 Unemployment compensation cover

age of State agency employees. 25.14 Payments to State agencies other than

the agency charged with administration of the State Employment

Service. 25.15 Federal taxes. 25.16 State sales taxes. 25.17 Payments for services performed by

agency employees. Subpart B-Standards Relative to Personnel

Management 25.18 Salary adjustments and advance

ments. 25.19 Basis for agency salaries.

Sec. 25.20 Leave. 25.21 Compensatory overtime leave. 25.22 Payment for overtime. Subpart C-Standards Relative to Penalty Mail 25.23 Statutory basis for transmittal of off

cial State Employment Service postal matter without prepayment

of postage. 25.24 Limitation of use of penalty privilege. 25.25 Limitation of expenditure for postage.

Subpart D-Fiscal Management Standards 25.26 Audits conducted by agencies other

than the United States Employment

Service, U. S. Department of Labor, 25.27 Workload analysis study. 25.28 Financial reports. 25.29 Certificates.

Subpart 1-General Provisions Sec. 26.56 Administrative responsibility of the

State agency. 25.56 Implementing Instructions,

AUTHORITY: $ $ 25.1 to 25.56 inclusive issued under R. S. 161, 48 Stat. 113, 53 Stat. 1424, 58 Stat. 293, 60 Stat. 679; 5 U.S.C. 22, 29 U.S.C. 49–491, 38 U.S.C. 695-6958; E.O. 9247, Sept. 17, 1942, 3 CFR Cum, Supp., E.O. 9617, Sept. 19, 1945, 3 CFR 1945 Supp.; secs. 201, 203, Reorg. Plan No. I, 3 CFR Cum. Supp.

SOURCE: $8 25.1 to 25.56, inclusive, contained in Regulations, Secretary of Labor, Noy. 9, 1946, 12 F.R. 381.

Subpart E-Travel Standards

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25.30 General. 25.31

Allowable expenses. 25.32 Persons eligible for relnbursement of

travel expenses. 25.33 Travel status, 25.34 Oficial station, 25.35 Authorization of travel expenditures. 25.36 Mode and route of travel, 25.37 Maximum subsistence and mileage

rates. 25.38 Reimbursable expenses to be specified. 25.39 Vouchers and receipts. 25.40 Leave of absence during travel.

Subpart F--Standards Relative to Automobiles 25.41 Expenditures for agency-owned auto

mobiles.

Subpart G-Standards Relative to Transportation

of Household Goods and Effects

25.42 Transportation of household goods

and effects.

Subpart A-General Standards § 25.1 Statutory requirements. The Wagner-Peyser Act, as amended (48 Stat. 113), and 60 Stat. 679, under which a State is granted Federal funds for the administration of its State-wide system of public employment offices, require that such funds be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor, United States Department of Labor, for proper and efficient administration of the State-wide system of public employment offices.

$ 25.2 State fiscal practice. In determining whether an expenditure, or proposed expenditure, is necessary for proper and efficient administration of a State-wide system of public employment offices, the Department of Labor will give important weight to the existence of an established State practice. In all circumstances an established State practice is only one of the factors which will be used in determining the necessity of the expenditure by the State agency.

8 25.3 Evidence of State practice. State laws and regulations covering the State's fiscal administration which are specific as to the amounts to be paid or the conditions under which administrative acts are to be performed are clear evidence of State practice. In the absence of such specific laws and State regulations, the Department of Labor will consider as evidence of State practice a custom or usage which meets the following definition and which conclusively established:

State practice is an established custom or usage accepted and generally applied as an expenditure control in the fiscal administration of the State government.

Subpart H-Standards Relative to Rental of

Premises

25.43 Rental of premises. 25.44 Rent applied toward cost of purchase

or construction of buildings.

Subpart 1-Standards Relative to Repairs and

Alterations

25.45 Repairs and alterations.

Subpart J-Procurement Standards

25.46 General. 25.47 Authorization for purchases. 25.48 Competition. 25.49 Invitation to bid. 25.50 Opening of bids. 25.51 Awards.

Subpart K--Equipment Standards 25.52 Equipment and furniture. 25.53 Equipment control records. 25.54 Proceeds from sale of equipment,

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$ 25.4 Funds accruing from custody or expenditure of granted funds. All amounts accruing from the custody or expenditure of funds granted pursuant to the Wagner-Peyser Act and 60 Stat. 679, including interest on deposits thereof, are a part of the granted funds and all of the Department of Labor fiscal policies applicable to granted funds are applicable to amounts so accruing.

$ 25.5 Funds available from sources other than grants. Funds, facilities, and services which are made available to a State agency constitute factors relevant to the determination of amounts to be granted as necessary for the proper and efficient administration of a State Employment Service.

§ 25.6 Advisory councils. Granted funds may be used for payment of expenses incurred by a State agency in connection with the functioning of advisory councils established in accordance with State law and applicable Federal requirements for the purpose of administering the State Employment Service program.

$ 25.7 Litigation, court costs. Granted funds may be used for the payment of court costs in connection with litigation incident to the administration of the State-wide system of public employment offices.

$ 25.8 Legal defense of employees including defense for Hatch Act violations. Granted funds may not be used for:

(a) Expenses incurred in connection with the defense or representation, in civil or criminal proceedings, of officials or employees of a State agency who are involved in proceedings for acts, in the course of their official duties, which are alleged to be either unlawful or a dereliction of duty, except to the extent that the State agency has an interest in defending the legality of the act which forms the basis of the proceedings.

(b) Salary payments for periods of time devoted to services performed in connection with the representation of the State or of the State agency personnel, in civil or criminal proceedings under the provisions of the act of Congress entitled, "An Act to Prevent Pernicious Political Activities," approved August 2, 1939 (53 Stat. 1147), as amended, commonly referred to as the Hatch Act.

(c) Employment of special or private counsel to represent the State, the

agency, or its officials, or employees, in proceedings involving the State Employment Service program, except upon a prior showing of necessity therefor and specific approval thereof by the head of the State agency or his authorized representative for that purpose.

§ 25.9 Insurance; fire, flood, tornado or other elements. Granted funds may not be used to secure insurance coverage against loss by fire, food, tornado, or other elements except upon a showing of special circumstances involving an unusual degree of risk. In adopting this policy, however, the Department of Labor stands ready to authorize the use of granted funds for replacements in the event of such loss—it being preferred to authorize such use of granted funds in particular cases when necessary rather than to approve the payment of annual premiums to purchase such insurance protection for all of the property involved. If in any State there is in effect a State law creating a State fund for the payment of losses sustained by State properties through fire, flood, tornado, or other elements, to which fund payments are made on a pro rata basis for all State departments whose properties are protected thereby, and from which fund moneys will be available for the replacement of property loss sustained by the State agency through fire, flood, etc., granted funds may be used to pay for the pro rata share of the State agency of the cost of such self-insurance by a State, and will, in connection with future grants, consider the availability of such funds for replacements of such property losses of the State agency.

$ 25.10 Motor vehicle liability or property damage insurance. Granted funds may be used to pay the cost of protecting members of the public against injury to person or property occasioned by the operation by' State employees of motor vehicles in the discharge of the State's business, or the payment of awards, judgments, or settlements, if:

(a) State law permits any one, or a combination, of the following methods of protection:

(1) Liability or property damage insurance; and

(2) Waiver of sovereign immunity and suit against the State itself; settlement, subject only to the availability of funds for their payment.

(b) The payment of the cost of insurance, judgments, awards or settlements with respect to all agencies which are supported principally by funds from sources other than the general fund of the State, is made out of such special funds.

(C) Where public liability or property damage insurance is authorized and utilized by other agencies of the State, the premium charged is fair and reasonable and is calculated on the same basis for all covered agencies or on a basis which is fair and reasonable as between all covered agencies.

(d) The payment of premiums, or the payment of judgments, awards, or settlements, may properly be made from the administration fund.

$ 25.11 Bonding for the protection of the administration fund. Bonds for the protection of the State Employment Service administration fund are not required.

$ 25.12 Retirement and workmen's compensation. Granted funds may be used for payment of the State agency's proper share of the cost of protecting its employees under State retirement and workmen's compensation laws, Provided, That:

(a) The State law is compulsory in its application to the employees of the agency, or, in the case of a law which is elective, an effective election has been made and the State or agency is by law required to pay a part or all of the cost of the protection furnished to the employees of the agency.

(b) Where such payment takes the form of premiums for insurance or of contributions to a State fund, the proceeds of such insurance or the State fund are used solely for the payment of benefits or compensation to employees entitled thereto under the State law, and, in those cases where the law establishing such a State fund so provides, the necessary cost of administration.

(c) The rate of contribution is calculated on the same basis for all State agencies, or, if more than one basis is authorized under the laws of the State, the basis of calculation for the agency is fair and reasonable as compared with that for other State agencies.

(d) Any separate charge made for administrative costs of the retirement or workmen's compensation system is in accordance with the Department of

Labor policy covering payments for services performed for the State agency by other agencies of the State.

(e) The payments from the State Employment Service administration fund are legal under State law.

$ 25.13 Unemployment compensation coverage of State agency employees. Granted funds may be used for payment of either the full or partial contributions necessary to cover the employees of a State Employment Service under the unemployment compensation law of that State, if:

(a) The State law is compulsory in its application to the employees of the State agency or, in the case of a law which is elective, an effective election has been made and the State or agency is by law required to pay a part of all of the contributions.

(b) The payment is legal under the State law, i. e., properly chargeable to the State Employment Service administration fund.

$ 25.14 Payments to State agencies other than the agency charged with administration of the State Employment Service. Funds granted under the Wagner-Peyser Act may not be used to meet the cost incurred by States in furnishing goods, facilities, or services to a State agency by or through some other agency of State government unless:

(a) Such cost under State law can properly be charged to funds so granted.

(b) Such cost constitutes an extra identifiable expense of the State which would have been unnecessary except for the administrative needs of the State Employment Service.

(c) Such cost is readily ascertainable either by (1) segregation or (2) as a pro rata share of the cost to the State agency (or agencies) furnishing such goods or facilities or services.

(d) As to services, in addition to the condition set out above, the services are not of a kind usually and generally made available to all or similar agencies of the State as a part of general State administration, without charge against such agencies,

§ 25.15 Federal taxes. Specific exemptions in the excise tax provisions of the Federal Revenue Code, as amended, render such taxes inapplicable to many commodities and facilities sold or furnished to State agencies, i. e., telephone, telegraph, cable and radio messages; automobiles, automobile parts, tires, inner tubes, lubricating oil and gasoline; electric, gas and oil appliances (such as fans, air circulators and heaters); electric light bulbs and tubes; leather and imitation leather brief cases; wire and equipment in connection with burglar and fire alarm services; electrical energy: and transportation. Accordingly, funds granted by the Department of Labor under the Wagner-Peyser Act are not available for the payment of such taxes.

$ 25.16 State sales taxes. In accordance with the decision of the Comptroller General of the United States of June 19, 1942 (21 Comp. Gen. 1119), granted funds may be used for the payment of State sales taxes which State agencies are legally required to pay to vendors in connection with purchases of supplies or services necessary for the proper and efficient administration of a State Employment Service, without regard to whether the legal incidence of the tax is upon the vendor or the vendee.

§ 25.17 Payments for services performed by agency employees. Granted funds may not be used for salary payments to officials or employees of a State agency for which the agency has not received:

(a) With respect to each oficial and employee whose total salary is paid from granted funds, full-time attention to duties necessary for the proper and efficient administration of the State Employment Service program, unless otherwise expressly provided in the agency's approved compensation plan; or

(b) With respect to each official and employee whose salary is paid in part from granted funds, that proportion of time devoted to such "necessary" duties as is substantially equivalent to the proportion of the individual's total salary which is paid from granted funds, unless otherwise expressly provided in the agency's approved compensation plan. Subpart B-Standards Relative to Per

sonnel Management $ 25.18 Salary adjustments and advancements. Granted funds may be used for the payment of salary adjustments or salary advancements which are legal under State law or applicable approved Merit System Rule. Such salary advancements may include those made in recognition of efficiency and length of service in accordance with

State law or applicable approved Merit System Rule. Appointments shall be made at the minimum of salary rate for the class, except where otherwise provided for by State law or applicable approved Merit System Rule.

$ 25.19 Basis for agency salaries. The Department of Labor, in determining personal service costs which are necessary for proper and efficient administration of a State Employment Service, will give consideration to prevailing rates for comparable positions in other departments of the State and to other relevant factors. In applying the principles of comparability where a State Employment Service is operating under a Statewide classification and compensation plan, the provisions of which are mandatory upon substantially all State departments including the State agency, salary comparability is considered to be established without further evidence. In the case of an agency operating under its own classification and compensation plan, evidence is needed concerning the comparability of the salaries under the agency's classification plan and prevailing salary levels for comparable positions, or classes of positions, in other departments of the State.

§ 25.20 Leave. Granted funds may be used for expenditures incident to granting leaves in accordance with the State agency's approved attendance and leave regulations.

§ 25.21 Compensatory overtime leave. Granted funds may be used for expenditures for salary during periods of compensatory leave granted for overtime services performed by State agency employees. Such compensatory leave should be granted at times which least interfere with the efficient operation of the agency and should be granted in accordance with established administrative controls. Such controls should require that authorization for overtime services be given in advance and in writing by the employees' immediate supervisor and that such authorization be filed along with the records of overtime services performed for compensatory leave granted.

$ 25.22 Payment for overtime. Granted funds may be used for expenditures for payment of salary for overtime services performed by State agency employees under conditions authorized by State regulations.

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