Background: The SCSEP Regulations at 20 CFR 641.311, Enrollee Wages and Fringe Benefits, require that enrollees be paid the higher of the Federal, State or local minimum wage, or the prevailing rates of pay for persons employed in similar public occupations by the same employer. On September 1, 1997, the Federal minimum wage was increased to $5.15 an hour. The new Federal minimum hourly rate applies to all States and territories except American Samoa, Palau, and the Northern Mariana Islands. Action: All SCSEP enrollees should be paid in accordance with the Fair Labor Standards Act. Except as noted above, the Act requires that the new Federal minimum wage of $5.15 be paid effective September 1, 1997. Where other provisions may require a higher minimum wage, the higher standard applies. Effective Date: September 1, 1997.

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References: Older Worker (OW) Bulletin No. 93-10; August 26, 1997 Federal Register Notice published by the Department of Health and Human Services (DHHS); August 26, 1997 Federal Register Notice published by the Social Security Administration (SSA). Background: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), (commonly known as "welfare reform"), was enacted on August 22, 1996. Section 403 of PRWORA provides that most qualified aliens who enter the United States (U. S.) on or after enactment of that legislation are barred from eligibility for "Federal means-tested public benefits" for 5 years, beginning on the date the individual entered the U. S. with a qualified alien status. In response to inquiries concerning the applicability of this provision to SCSEP, the Department has informally directed attention to Section 511 of the OAA, Treatment of Assistance. OW Bulletin 93-10 previously made the same point, quoting Section 511: Assistance furnished under this title shall not be construed to be financial assistance described in section 245A (h) (1) (a) of the Immigration and Nationality Act (8 U.S.C. 1255a (h) (1) (A)). Based on this language , the Department concluded that SCSEP was not a "Federal means-tested public benefits" program as construed in Section 403 of PRWORA. Federal Register Notices: On August 26, DHHS and SSA published Federal Register Notices containing interpretations of the term "Federal means-tested public benefits." In addition, DHHS Acting Principal Deputy Assistant Secretary for Aging William F. Benson wrote to clarify that "all qualified aliens, regardless of when they entered the U. S., continue to be eligible to receive assistance and services under the Older Americans Act programs administered by the Administration on Aging . . . ." Policy: This is to clarify that it is Department of Labor policy that all qualified aliens, regardless of when they entered the U. S., continue to be eligible to receive assistance and services under OAA programs administered by the Department, namely SCSEP, if they meet other program requirements. Senate Appropriations Committee Concerns: Language from the Committee Report is relevant to this issue as well. The Report states: The Committee is concerned about the impact of welfare reform on indigent elderly legal immigrants who face the loss of Supplemental Security Income (SSI). Current law states that title V funds should be targeted to eligible individuals with the greatest economic need. The Committee believes that within the Title V Community Service Employment for Older Americans, special attention should be paid to providing community service jobs for elderly legal immigrants where possible. Action: SCSEP sponsors are requested to provide the information contained herein to appropriate staff and subgrantees.

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References: Older Worker (OW) Bulletins Nos. 96-14 and 97-12. Background: OW Bulletins Nos. 96-14 and 97-12 provided some information on Simply Better! and other quality initiatives supported by the Department. Largely through the efforts of our Regional Offices and the Enterprise support team, a series of Quality Training Academies have been conducted. This is to provide information on a forthcoming Quality Academy. Training Sessions: Attached is a brochure on "Simply Together," a Quality Training Academy jointly sponsored by Region IX , the Enterprise, Simply Better! and several other organizations, to be conducted October 27-31 in Long Beach, California. Included in the brochure are descriptions of the 17 training courses that will be offered during the 3 1/2 day Academy. The reduced rate registration fee of $175 per person is good only until September 26; it will increase to $225 after that date. Other Offerings: Some of the course offerings will be delivered during the Older Worker Conferences planned for November. Information about these conferences will be forthcoming in the near future. In addition, as we receive information on other Quality Academies, we will transmit it to you. Action: Please provide this information to appropriate staff, noting the due date for reduced rate registration fees.

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References: General Accounting Office (GAO) Report GAO/HEHS-96-4, "Senior Community Service Employment Program Delivery Could Be Improved Through Legislative and Administrative Actions." Background: The GAO Report, described by a member of Congress as "flawed," looked at SCSEP operations in Program Year 1994. Among other things, the Report stated that some State officials "expressed concern about duplicative national sponsor programs in certain areas," providing examples of a northeastern State where nine national sponsors served an area that the State felt to be overserved, and a southern State where two national sponsors were operating in a city along with the State sponsor. The Report noted that the Department endorses an unwritten agreement among the national sponsors -- "to prevent enrollees from different sponsors from working at the same local host agency. The agreement is to help avoid situations in which host agencies or sponsors must explain why enrollees performing the same job tasks are compensated with different benefits and, perhaps, even wages." At a recent meeting of national sponsors, it was agreed that an effort would be undertaken to address the issue of multiple sponsors in a single political jurisdiction. While many sponsors felt that there was no real problem that needed to be addressed, a few felt strongly that the issue was a contentious one that merited action. Therefore, this Bulletin was prepared. Efforts To Be Undertaken: The Department is forming a work group to address this issue. Donald L. Davis, National Director of the Senior Community Service Project for the National Council on the Aging, Inc., has volunteered to chair the work group; Karen Davis of the Division of Older Worker Programs will serve as co-chair. Other interested parties should contact either of the two by October 10 to let them know of their willingness to serve on the work group. A maximum of 10 people total, from State and national sponsors, should serve on the work group; a smaller number would be preferable from the standpoint of effective working relationships. Tasks of the Group: A report to the Department, to be distributed to SCSEP sponsors and other interested parties, should be completed by November 28, 1997. The report should include the following: (a) A discussion of the history of SCSEP, including the rationale for why the program would envision multiple sponsors, especially those serving particular minority communities, in larger urban areas; (b) Descriptions of the unique circumstances of some of the sponsors, such as the U. S. Forest Service (which typically is located principally in rural National Forest areas); (c) Suggestions about proper oversight procedures to reinforce the need for equitable distribution of SCSEP positions, particularly in underserved areas; (d) Discussion of progress made in overcoming past inequities (such as the outcomes following telephone calls the past few years, and improvements in several States -- including Alabama and Kentucky -- that occurred over the past several years, as well as the decrease in number of sponsors in Philadelphia, and the increase in the number of positions in underserved New York City); (e) The extent to which inequities in provision of services, if any, are more often concentrated in national or State sponsors, or whether there is any discernible difference by type of sponsor; and (f) Policy recommendations, such as (1) Making formal the "unwritten agreeement" noted above; or (2) Setting a minimal number of positions for an area (some sponsors have a "rule of thumb" of 40 to 60 positions as a minimum for administrative efficiency); or (3) Setting a maximum number of sponsors that may serve older workers in a given jurisdiction; or (4) Some general guidance on the above, with exceptions based on population of the jurisdiction, the number of national sponsors in the State, the multiplicity of ethnic groupings in an area, and other demographic considerations that might temper a general rule on "duplication." The report of the work group should, among other things, be viewed as an educational document to assist congressional staff to better understand the issues and to interpret the statements in the GAO Report. An elaboration of Department of Labor comment #8, contained on page 65 of the Report, should be included within the work group's report.

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