Bible in which the records of the births in the family of the child are preserved,

(d) A parent's, guardian's, or custodian's affidavit of age accompanied by a record of the age as given in the register of the school first attended by the youth, if obtainable, or in the earliest available school census, or

(e) Such other documentary evidence satisfactory to the Secretary.

Subpart C-Neighborhood Youth
Corps Projects

§ 50.20 Types of projects.

A project shall be designed to serve the employment needs of one or more of the groups of youth identified in § 50.11(a), and accordingly, may be either (a) an out-of-school project providing suitable employment for youths who need work experience and assistance in order to prepare for skill training or to increase their employability, or (b) an in-school project providing suitable employment for youths who need work experience and financial assistance to resume or maintain school attendance.

§ 50.21 Work-training agreements.

A project shall be undertaken upon execution of an agreement between a sponsor and the Secretary, on the basis of detailed specifications which meet the requirements set forth in this subpart. § 50.22 Standards for a project.

No project shall be approved under this part unless the Secretary has first determined that:

(a) The project will enable enrollees to resume or maintain school attendance, or will increase their employability in fields in which the Secretary finds there is a reasonable expectation of suitable full-time employment;

(b) The project will not provide training in occupations where there is a continuing and substantial surplus of qualified workers available for employment in such occupations;

(c) The employment of the enrollees on the project will not result in the displacement of employed workers or impair existing contracts for services;

(d) The employment of the enrollees will permit or contribute to an undertaking or service in the public interest that would not otherwise be provided, or will contribute to the conservation, development, or management of the natural resources of the State or community

or to the development, management or protection of State or community recreational areas;

(e) Enrollees in the project will be employed either on publicly owned and operated facilities or projects, or on local projects sponsored by private nonprofit organizations, other than projects involving the construction, operation, or maintenance of so much of any facility used or to be used for sectarian instruction or as a place for religious worship;

(f) The project provides for standards and procedures which meet his approval for the selection of enrollees, which shall include, where appropriate, full coordination and cooperation with local and other authorities to encourage students to resume or maintain school attendance;

(g) The enrollees' rates of pay and other conditions of employment are appropriate and reasonable in the light of such factors as the types of work performed, the geographical region and the proficiency of the enrollee, and comply with all applicable Federal, State and local laws, rules and regulations dealing with or relating to employment conditions: Provided, That, consistent with this section, the sponsor may set a uniform wage rate for all enrollees on the project: Provided further, That no enrollee shall be employed for more than 40 hours per week except on projects of the type described in § 50.32(c); and

(h) The project provides for work and, as appropriate, training, education, and other services in accordance with this subpart.

[29 F.R. 18419, Dec. 25, 1964, as amended at 30 F.R. 15466, Dec. 16, 1965]

§ 50.23 Work, training and education.

(a) Each project shall furnish work for which the enrollee is paid wages: Provided, That enrollees under 18 years of age shall not be employed in any occupation which the Secretary, under section 3(1) of the Fair Labor Standards Act of 1938, as amended, has declared to be particularly hazardous for youth between the ages of 16 and 18 years. work, in the case of an out-of-school project, shall be designed to increase the enrollee's employability in appropriate fields through the development of good work habits and attitudes and the acquisition of such skills as may be learned in the process of doing the work.

This

(b) Each project, in addition to the work provided in paragraph (a) of this

section, shall provide, where necessary and as appropriate, supplementary training and remedial education. Accordingly, each project shall be coordinated to the maximum extent feasible with vocational training and educational services adapted to the special needs of enrollees in such project and sponsored by State or local educational agencies: Provided, however, That where such services are inadequate or unavailable, the Secretary may make provision for the enlargement, improvement, development, and coordination of such services with the cooperation of, or where appropriate pursuant to agreement with, the Secretary of Health, Education, and Welfare.

(c) In the development and approval of projects, priority shall be given to projects with high training potential.

(d) The sponsor shall provide enrollees instruction and training in safe work practices, such as proper lifting and handling of materials, working with handtools, and using personal protective equipment.

§ 50.24 Supervision, counseling and job

placement.

(a) The sponsor shall provide competent work supervision of enrollees and such counseling and guidance as may be needed to assist enrollees in adjusting to the work situation and in planning their vocational goals.

(b) Enrollees in out-of-school projects shall be provided assistance in:

(1) Finding and developing postproject job opportunities;

(2) Referral, following completion of the project, for placement in suitable jobs or for further education or training; and

(3) Follow-up, as appropriate, to assist them in their adjustment on such jobs.

(c) The services referred to in paragraph (b) of this section shall be secured, wherever possible, through the State agency or other appropriate public agency.

program which has been approved pursuant to the provisions of Title II or, if not approved, whose approval is pending and is anticipated within the fiscal year. § 50.26 Safety and workmen's compensation.

(a) The sponsor shall provide safe conditions of work, including but not limited to safe equipment and machinery, personal protective equipment, safe transportation to and from the work site where provided, and fire prevention and protection.

(b) Except as provided herein acceptable workmen's compensation insurance which meets existing requirements under State law shall be provided for each staff employee engaged at least one-half of his working time on the project and for each enrollee. Such insurance shall provide, notwithstanding the absence of such a requirement under State law, for the payment of medical, surgical, nursing, and hospital services, medical and surgical apparatus and appliances, and medicines which may be reasonably necessary to treat injury or disease arising out of and in the course of employment. Where the State law limits the liability of the employer in permanent total disability cases to a maximum total dollar amount or to a specified period of time, the level of benefits provided by State law immediately prior to any expiration of such benefits shall be continued for the full period of such disability without regard to any maximum total dollar limitation. Such insurance shall not be required when State law prohibits a sponsor from providing such benefits or when the Secretary has determined it is impractical to provide such benefits.

[29 F.R. 18419, Dec. 25, 1964, as amended at 30 F.R. 15467, Dec. 16, 1965]

agreement or the rules referred to in paragraph (a) of this section shall be resolved by the sponsor, or a duly appointed representative, and shall be subject to review by the Secretary upon request of the enrollee: Provided however, That grievances of an enrollee which relate to the terms of a work-training agreement or the rules referred to in paragraph (a) of this section and which are subject to processing under the grievance procedures of a collective bargaining contract covering the enrollees shall be processed in accordance with such procedures, consistent with the regulations in this part and the terms of the work-training agreement.

§ 50.28 Length of project.

Each project shall be for a period which is of sufficient duration to achieve its objective consistent with § 50.22(a), but shall not exceed such period as may be prescribed by law.

[30 F.R. 15467, Dec. 16, 1965] § 50.29

Non-discrimination.

(a) No person in the United States shall, on the grounds of race, creed, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under Title I, Part B of the Act.

(b) In the administration of a project, the Sponsor shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, or national origin. Subpart D-Financing Neighborhood Youth Corps Projects

Subpart 1-15.3 of said part unless otherwise specified in the work-training agreement, and may include the direct costs of the project, plus such indirect costs as are incurred by the sponsor as a result of his undertaking the project: Provided however, That the total costs payable shall not exceed an estimated cost for the project which shall be specified in the work-training agreement: Provided further, That direct or indirect costs may not include cost of major construction or renovation.

(b) No project shall be undertaken on a "cost-plus-fee" basis. § 50.32

ance.

Limitations on Federal assist

(a) Except as provided in paragraphs (b) and (c) of this section, Federal assistance to any project pursuant to this part shall not exceed 90 per centum of the costs of such project, including costs of administration, for any period prior to August 20, 1966, and shall not exceed 50 per centum of such costs for periods thereafter. Non-Federal contributions may be in kind as defined in § 50.1.

(b) Federal assistance to a project may exceed 90 per centum of the costs of such project if the project is sponsored by an Indian tribe whose public facilities (including but not limited to schools, hospitals and parks and other recreational facilities) are owned by the Federal government or receive more than 75 per centum of their revenues from the Federal government.

(c) Federal assistance to a project may exceed 90 per centum of the costs of such project if the agreement for operation of the project provides that enrollees will be employed only on work which is necessary to cope with the effects of a major disaster, as defined in section 2(a) of the Federal Disaster Act, as amended (81 Stat. 875, 42 U.S.C. 1855-1855g).

[29 F.R. 18419, Dec. 25, 1964, as amended at 30 F.R. 6250, May 5, 1965]

Subpart E-Evaluation, Records, and Disclosure

§ 50.40 Evaluation of projects.

Pursuant to such standards and criteria as may be established by the Secretary, a continuing and systematic evaluation of the progress and results of a project shall be conducted by the Secretary for the purpose of determining overall effectiveness of projects. The Secretary may at all reasonable times have

access to and the right to inspect the place of employment of enrollees in the project when necessary to evaluate the project or to determine compliance with the work-training agreement.

§ 50.41

Records, reports and disclosure of information.

(a) The sponsor shall maintain such records and make such reports as required by the Secretary for the purpose of administration of the Act. Such records shall be open for examination by the Secretary in accordance with the provisions of the work-training agreement.

(b) Disclosure of any information contained in the records of the project and secured from youths, sponsors, public agencies, or other persons or groups or organizations as an incident to the administration of the project, including selection of enrollees, shall be governed by the disclosure regulations promulgated by the Secretary. Each work-training agreement or other agreement entered into by the Secretary for the purpose of carrying out an activity under the Act shall contain a provision setting forth this requirement.

Subpart F-Disputes and Review § 50.50

Disputes.

Any dispute between the parties to a work-training agreement concerning a question of fact arising under the worktraining agreement which is not disposed of by agreement shall be decided by an authorized representative of the Secretary designated for this purpose, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the sponsor.

§ 50.51

Review by the Secretary.

(a) The decision referred to in § 50.50 shall be final and conclusive unless within 30 days from the date of receipt of a copy of the decision, the sponsor mails or otherwise furnishes to the official rendering the decision a written appeal addressed to the Secretary of Labor, Washington, D.C. The decision of the Secretary shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence: Provided, That the foregoing shall not preclude consideration of law questions, in connection with decisions provided for

in § 50.50: Provided further, That nothing in this subpart shall be construed as making final the decision of any administrative official, representative, or board on a question of law. In connection with any appeal proceeding under this section, the sponsor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the sponsor shall proceed diligently with the performance of the work-training agreement and in accordance with the decision rendered under § 50.50.

(b) The Secretary may on his own initiative review any determination made under Title I, Part B of the Act where review is not otherwise provided for under the regulations in this part, and if upon such review he determines the action taken was inconsistent with the rules, regulations and procedures promulgated, he may require an appropriate modification of such determination or action.

§ 60.1 Purpose and scope.

Sections 101(a) (27) (A) and 203 of the Immigration and Nationality Act were amended on October 3, 1965, to require as a condition to the admission of any "special immigrant", any nonpreference immigrant under paragraph 203 (a) (8), and any preference immigrants under paragraphs 203(a)(3) or 203 (a) (6) that the Consular Officer be in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a) (14) of the Act. Accordingly, the immigrants for whom the 212(a) (14) certification is made a con

dition precedent to admission to the United States are as follows:

(a) Third preference immigrants who are described as "qualified immigrants who are members of the professions, or who because of their exceptional ability in the science or in the arts, will substantially benefit prospectively the national economy, cultural interest, or welfare of the United States." (Section 203(a) (3).)

(b) Sixth preference immigrants who are described as "qualified immigrants who are capable of performing specified skilled or unskilled labor, not of a temporary or seasonal nature, for which a shortage of employable and willing persons exists in the United States." (Section 203 (a) (6).)

(c) Nonpreference immigrants who are described as "other qualified immigrants strictly in the chronological order in which they qualify." (Section 203(a) (8).

(d) Special immigrants who are described as "an immigrant [s] who was born in any independent foreign country in the Western Hemisphere or in the Canal Zone and the spouse and children of any such immigrant, if accompanying or following to join him." (Section 101 (a) (27) (A).)

certification

The determination and required to be made by the Secretary of Labor is described in section 212(a) (14) of the Act as follows:

Except as otherwise provided in this Act, the following classes of aliens shall be ineligible to receive visas and shall be excluded from admission into the United States:

(14) Aliens seeking to enter the United States, for the purpose of performing skilled or unskilled labor, unless the Secretary of Labor has determined and certified to the Secretary of State and to the Attorney General that (A) there are not sufficient workers in the United States who are able, willing, qualified, and available at the time of application for a visa and admission to the United States and at the place to which the alien is destined to perform such skilled or unskilled labor, and (B) the employment of such aliens will not adversely affect the wages and working conditions of the workers in the United States similarly employed. The exclusion of aliens under this paragraph shall apply to special immigrants defined in section 101(a) (27) (A) (other than the parents, spouses, or children of United States citizens or of aliens lawfully admitted to the United States for permanent residence), to preference immigrant aliens described in section 203 (a) (3) and (6), and to nonpreference Immigrant aliens described in section 203(a) (8):

(a) Determination. To reduce the delay in processing an alien's request for visa, the determination has been made by the Secretary of Labor pursuant to section 212(a) (14) that:

(1) For the categories of employment described in Schedule A and in the geographic areas therein set forth, there are not sufficient workers who are able, willing, qualified and available for employment in such categories, and the employment of aliens in such categories and in such areas will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(b) Applicability. The determinations set forth in paragraph (a) of this section above shall apply to all visa petitions made or pending after November 30, 1965, and shall remain in effect until the Schedules are amended. Unless otherwise indicated in the Schedules, their geographic applicability is the United States, which means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands.

(c) Modification. The Secretary may amend the Schedules described in paragraph (a) of this section, at any time upon his own initiative or upon written petition of any person requesting the inclusion or omission of any occupation or the modification of the application of the Schedules to any geographical area and setting forth reasonable grounds therefor. Such petition should be filed by mail with the Secretary of Labor, U.S. Department of Labor, Washington, D.C., 20210.

[30 F.R. 14978, Dec. 3, 1965, as amended at 31 F.R. 16412, Dec. 23, 1966]

§ 60.3

Request for certification not covered by schedules.

Any alien, or person in his behalf, seeking admission to the United States under sections 101(a) (27) (A) (other than the parents, spouses, or children of United States citizens or aliens lawfully admitted to the United States for permanent residence), 203 (a) (3), 203 (a) (6), or 203 (a) (8) whose employment is not included in the certification or noncertification schedules described in § 60.2 may request a 212(a) (14) certification