Chapter 43

COL12010622GCA BUSINESS REGULA TIONS CH.43TOURIST INDUSTRY JOB CORPS 1CHAPTER 43 TOURIST INDUSTRY JOB CORPS § 43101. Short Title § 43102. Legislative Intent § 43103. Definitions. § 43104. Eligibility for Services. § 43105. Use of Funds. § 43106. Limitations. § 43107. Tourist Industry Job Corps Commission. § 43108. Compensat ion of Commission. § 43109. Tourist Industry Job Plan. § 43110. Performance Standards. § 43111. Labor Standards. § 43112. Worksite Standards. § 43113. Selection of Service Providers. § 43114. Prevention of Fraud and Program Abuse. § 43115. Cooperation of E ducational Institutions. § 43101. Short Title. This Chapter may be cited as the Tourist Industry Job Corps Act. SOURCE: GC § 26700; added by P.L. 18 -48:2. § 43102. Legislative Intent. It is the intention of the Legislature in enacting this Chapter to sup port the expan sion of tourism on Guam by making available a local work force for the tourism industry. This Chapter may also address the rise of unemployment on Guam. It is not the Legislature's intent to duplicate any existing program, private or federal , but to coordinate, assist, augment, and improve access to those programs by Guam residents.

loyment on Guam. It is not the Legislature's intent to duplicate any existing program, private or federal , but to coordinate, assist, augment, and improve access to those programs by Guam residents. SOURCE: GC§ 26701. Added by P.L. 18 -48:2. § 43103. Definitions. Unless the context otherwise requires, the definitions in this Section govern the construc tion of this Chapter. (a) Academic Credit means a credit for education, job training, or work experience applicable toward an appren ticeship certification or an accredited certificate of comple tion, consistent with applicable laws and COL12010622GCA BUSINESS REGULA TIONS CH.43TOURIST INDUSTRY JOB CORPS 2regulations and requirem ents of an accredited educational agency or institution in the United States. (b) On-the-job training is training which occurs while the participant is engaged in production work which provides knowledge or skills e ssential to the full and adequate perform ance of the job. On -the-job training may be coupled with institutional training or may be designed as described in Section 43105 of this Chapter. (c) Work experience program is a short term or part time work assignment with an employing agency.

oupled with institutional training or may be designed as described in Section 43105 of this Chapter. (c) Work experience program is a short term or part time work assignment with an employing agency. It is desig nated to enhance the employability of eligible participants through the development of good work habits and basic work skills. Work experience programs are intended for individuals who need assistance and training to become accustomed to compete successfu lly in the labor market. Participation in work experience programs in the private -for-profit sector shall be subject to restrictions set forth in Section 43105 of this Chapter. (d) Vocational Exploration Program is a program de signed to expose eligible pa rticipants to jobs through observation of such jobs, instruction, and if appropriate, limited practical experience. SOURCE: GC§ 26702. Added by P.L. 18 -48:2. § 43104. Eligibility for Services. Participation in programs and activities financially assisted in whole or in part under this Chapter shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, and other individuals authorized by the U.S.

assisted in whole or in part under this Chapter shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, and other individuals authorized by the U.S. Attorney General to reside and work in the United States. SOURCE: GC§ 26703; added by P.L. 18 -48:2. § 43105. Use of Funds. The following provisions shall apply to all activities financed under this Chapter: (a) Funds available under this Chapter shall be used specifically for tourist related employment training and pre -apprenticeship and apprenticeship construction employment training through any of the following programs: (1) Work experience programs; (2) Occupational Training Preparation for work;COL12010622GCA BUSINESS REGULA TIONS CH.43TOURIST INDUSTRY JOB CORPS 3(3) Cooperative education programs to coordi nate educational programs with work in the private sector; (4) Training programs operated by the private sector, or by a consortia of private sector employ ers utilizing private sector facilities, equipment, and personnel to train participants of the Tourist Industry Job Corps; (5)Programs of advanced career training which provide a formal combination of on -the-job training

sector facilities, equipment, and personnel to train participants of the Tourist Industry Job Corps; (5)Programs of advanced career training which provide a formal combination of on -the-job training and institutional training, and internship assignments which prepare students for career employment in the visitor industry; (6) Programs to develop work habits and other services to eligible participants, to help them obtain and retain employment in tourist related services; (7) On site tourist related services training programs supportive of economic development of the tourist industry; (8) On -the-job Training; (9) Vocational Exploration Programs; and (10) Customized training through the estab lishment of a hotel school to prepare eligible participants for employment in tourist related services. (b) Eligible participants will be paid wages which shall not be less than the minimum wage under '6(a)(1) of the Fair Labor Standards Act of 1983, as amended. Wage earnings subsidized under this Chap ter shall not exceed the authorized number of work hours per week prescribed per program activity in the applicable Tourist Industry Job Corps.

3, as amended. Wage earnings subsidized under this Chap ter shall not exceed the authorized number of work hours per week prescribed per program activity in the applicable Tourist Industry Job Corps. (c) Funds to be utilized for administrative costs shall be specifically appropriated for such purpose. SOURCE: GC§ 26704; added by P.L. 18 -48:2 § 43106. Limitations. Programs funded under this Chapter shall be operated on a Fiscal yea r basis pursuant to a Tourist Industry Job Corps Plan which is prepared in accordance with Section 43108 of this Chapter. SOURCE: GC§ 26705; added by P.L. 18 -48:2.COL12010622GCA BUSINESS REGULA TIONS CH.43TOURIST INDUSTRY JOB CORPS 4§ 43107. Tourist Industry Job Corps Co mmission. There is hereby established within the gove rnment of Guam a Tourist Industry Job Corps Commission composed of seven (7) members. Four (4) members shall be appointed by the Governor and three (3) members shall be appointed by the Speaker of the Legislature. All members shall be appointed with the ad vice and consent of the Legislature. The Commission shall elect a Chairperson from among its members.

shall be appointed by the Speaker of the Legislature. All members shall be appointed with the ad vice and consent of the Legislature. The Commission shall elect a Chairperson from among its members. The Commission shall have the power and authority to carry out the following functions: (a) Prepare a Five -year Tourist Industry Job Corps Plan in accorda nce with the requirements of this Chapter; (b) Coordinate to the maximum extent possible the efforts of the Tourist Job Industry program with the Guam Department of Labor, Agency for Human Resources Development, Guam Community College, and other private an d public programs designed to provide assistance and funding; (c) Establish a network of contact among those public and private organizations which provide infor mation, technical assistance, and financial support for employment training; (d) Assemble, pub lish and disseminate information and materials on tourism opportunities to the Guam Community; (e) Organize, host and participate in seminars and other forums designed to disseminate information and technical assistance on tourism; (f) Provide individual f irms and tourism related businesses with information and technical

ipate in seminars and other forums designed to disseminate information and technical assistance on tourism; (f) Provide individual f irms and tourism related businesses with information and technical assistance related to employment of local resources; (g) Apply for grants and other funding to fund the Tourist Industry Job Corps Program pursuant to regulations adopted by the Tourist Ind ustry Job Corps Commission. SOURCE: GC§ 26706; added by P.L. 18 -48:2. § 43108. Compensation of Commission. Members of the Tourist Industry Job Corps Commission shall be compensated at a rate of Fifty Dollars ($50.00) per meeting, not to exceed One Hundred Dollars ($100) per month. SOURCE: GC§ 26707; added by P.L. 18 -48:2.COL12010622GCA BUSINESS REGULA TIONS CH.43TOURIST INDUSTRY JOB CORPS 5§ 43109. Tourist Industry Job Plan. No funds shall be appropriated for any fiscal year except pursuant to a five-year Tourist Industry Job Corps Plan prepared in accor dance with and meeting the requirements of this Section: (a) The Five -Year Tourist Industry Job Corps Plan shall contain: (1) Assessment of tourist related occupational training needs and labor market conditions; (2) Description of services to

is Section: (a) The Five -Year Tourist Industry Job Corps Plan shall contain: (1) Assessment of tourist related occupational training needs and labor market conditions; (2) Description of services to be provided including the labor market orientation component, the estimated training cost per participant, and a discussion of major changes in program emphasis; (3) Procedures for identifying and selecting participants, target groups, and for determining eligibility and verification; (4) Quantified performance and placement goals per program activity, established in accor dance with standards prescribed under § 43109 of this Chapter; (5) Procedures for the selection of employment and training worksites which take into account past performance of employers in job training or related activities, fiscal accountability, monitoring and managing trained occupational development; (6) Procedures for the coordination or joint implementation of job development, placement, and other employer o utreach activities; (7) Procedures for fiscal control, accounting, audit and debt collection to assure the proper disbursal of, and accounting for, funds received under this Chapter.

other employer o utreach activities; (7) Procedures for fiscal control, accounting, audit and debt collection to assure the proper disbursal of, and accounting for, funds received under this Chapter. (b) Review and Approval of the Plan: (1) The proposed plan or summary the reof shall be published; (2) Such plan shall be made available for review and comment in accordance with the Administrative Adjudication Law; (3) The Legislature shall approve, modify or disapprove the plan by statute within One Hun dred Twenty (120) days after the COL12010622GCA BUSINESS REGULA TIONS CH.43TOURIST INDUSTRY JOB CORPS 6plan is filed with the Legislative Secretary. The plan shall be submit ted to the Legislature by February 15, 1987. SOURCE: GC§ 26708; added by P.L. 18 -48:2. § 43110. Performance Standards. (a) The Legislature recognizes that the Tourist Industr y Job Corps Program is an essential investment in human capital in a vital industry. In order to determine whether that investment has been productive, the Legislature finds that it is essential that criteria for measuring the return on this investment be developed.

a vital industry. In order to determine whether that investment has been productive, the Legislature finds that it is essential that criteria for measuring the return on this investment be developed. In order to determine whether these basic measures are achieved, the Commission, prior to implemen tation of the program, shall prescribe standards on the basis of appropriate factors which may include: (1) Attainment of recognized employment co mpetencies prescribed by local educational and employer community; (2) Post secondary school completion, or the equivalent thereof; (3) Placement in unsubsidized employment follow ing the completion of training activities provided under this Chapter. (b) The Commission may modify the performance standards unde r this Section not more than once every two (2) fiscal years, and such modification shall not be retroac tive. (c) The Commission shall provide technical assistance to programs which do not meet perfo rmance criteria. If failure to meet performance standards persists for a second year, the Commission shall impose a reorganization plan. Such plan may restructure the program delivery system, prohibit the use of designated employers,

t performance standards persists for a second year, the Commission shall impose a reorganization plan. Such plan may restructure the program delivery system, prohibit the use of designated employers, worksites or service providers, or make such other changes as the Commission deems necessary to improve program perfor mance. (d) The Governor shall, not later than ninety (90) days after the enactment of the acceptance of the plan by the Legislature in accordance with Subsecti on (b)(3) of § 43108 of this Chapter, implement performance standards for the first program year under this Chapter to measure the results of participation in the program to achieve the goals set forth in this Section. SOURCE: GC§ 26709; added by P.L. 18 -48:2. § 43111. Labor Standards .COL12010622GCA BUSINESS REGULA TIONS CH.43TOURIST INDUSTRY JOB CORPS 7(a) Conditions of employ ment and training shall be appropriate and reasonable in light of such factors as the type of work, geographic location, and proficiency of the trainee. (b) Health and Safety standards established un der territorial and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working

iciency of the trainee. (b) Health and Safety standards established un der territorial and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants under this Chapte r. With respect to any participant engaged in a program conducted under this Chapte r who is engaged in an activity which is not covered by health and safety standards under the Occupational Safety and Health Act of 1970, the Depart ment of Labor shall prescribe by regulation such standards as may be necessary to protect the health and sa fety of such participant. No participant shall be employed in any occupation which the Department of Labor has found to be particularly hazardous. (c) To the extent that the territory's Worker's Compen sation La w is applicable, worker's compensation benefi ts in accordance with such law shall be applicable with respect to injuries suffered by participants. (d) All individuals employed in subsidized jobs shall be provided benefits and working conditions at the same level, and to the same extent, as other empl oyees working a similar length of time and doing the same type of work.

d in subsidized jobs shall be provided benefits and working conditions at the same level, and to the same extent, as other empl oyees working a similar length of time and doing the same type of work. (e) No funds appropriated for use under this Chapter shall be used for contributions on behalf of any participant to a retirement system or plan. Payroll deductions from wages on behal f of program participants in compliance with the Federal Insurance Compensation Ac t (FICA), however, shall be allowable. (f) No currently employed worker shall be displaced or partially displaced by such actions as reduction in the hours of non -overtime wo rk, wages, or employment benefits by a Tourist Industry Job Corps participant. (g) No Tourist Industry Job Corps employment pro gram shall impair existing contracts or collective bargaining agreements, except that a program under this Chapter which would b e inconsistent with the term s of a collective bargaining agreement may be undertaken with the written concurrence of the labor organization and employer concerned. SOURCE: GC§ 26710; added by P.L. 18 -48:2. § 43112.

th the term s of a collective bargaining agreement may be undertaken with the written concurrence of the labor organization and employer concerned. SOURCE: GC§ 26710; added by P.L. 18 -48:2. § 43112. Worksite Standards.COL12010622GCA BUSINESS REGULA TIONS CH.43TOURIST INDUSTRY JOB CORPS 8(a) Guam Community C ollege shall develop a written financial or non - financial agreement with each worksite employer which assures: (1) adequate supervision of each participant; (2) adequate accountability for a participant's time and attendance; and (3) adherence to the provi sions of this Chapter and the rules and regulations promulgated hereunder. (b) Such written agreements may be memoranda of understanding, simple work statements or other documents which, at a minimum, indicate an estimate number of participants assigned to each worksite and any operational conditions to which the worksite is expected to adhere. (c) Guam Community College shall establish proce dures for the monitoring and evaluation of each worksite to insure compliance with the terms and conditions of works ite agreements. SOURCE: GC§ 26711; added by P.L. 18 -48:2. § 43113. Selection of Service Providers.

itoring and evaluation of each worksite to insure compliance with the terms and conditions of works ite agreements. SOURCE: GC§ 26711; added by P.L. 18 -48:2. § 43113. Selection of Service Providers. (a) The primary consideration in selecting agencies, organizations or worksite employers to deliver services under this Chapter shall be the effectiveness o f the agency, organization, or worksite employer in delivering comparable or related services based on demonstrated performance, in terms of the likelihood of meeting performance goals, c ost, quality of training and characteristics of participants. (b) Fun ds provided under this Chapter shall not be used to duplicate facilities or services available in the territory from other sources, unless it is demonstrated in the appropriate Tourist Industry Job Corps Plan that alternative services or facilities would b e more effective or more likely to achieve performance goals. SOURCE: GC§ 26712. Added by P.L. 18 -48:2. § 43114. Prevention of Fraud and Program Abuse. (a) To ensure the integrity of Tourist Industry Job Corps programs, special efforts are necessary to pr event fraud and other program abuses.

18 -48:2. § 43114. Prevention of Fraud and Program Abuse. (a) To ensure the integrity of Tourist Industry Job Corps programs, special efforts are necessary to pr event fraud and other program abuses. Fraud includes deceitful practices and international misconduct, such as willful misrepresen tation in accounting for use of program funds. 'Abuse' is a general term which encompasses improper conduct which may or may not constitute fraud. While any violation of this Chapter may constitute fraud or COL12010622GCA BUSINESS REGULA TIONS CH.43TOURIST INDUSTRY JOB CORPS 9program abuse, Subsections (b), (c), (d) and (e) of this Section identify and address specific program problems of most concern. (b) Conflict of Interest. Guam Community Coll ege shall avoid organizational conflicts of interest, and their person nel shall avoid personal conflicts of interest and the appearance of conflicts of interest or any impropriety in awarding financial assistance and in the conduct of pro - curement activit ies involving funds under this Chapter. (c) Acceptance of Favors. No officer, employee or agent of programs funded under this Chapter shall solicit or accept gratuities, favors or anything of

activit ies involving funds under this Chapter. (c) Acceptance of Favors. No officer, employee or agent of programs funded under this Chapter shall solicit or accept gratuities, favors or anything of monetary value from any actual or potential sub -recipient or contractor. (d) Political Activities. (1) No program under this Chapter may involve political activities; (2) No participant or trainee under this Chapter may engage in partisan or non -partisan political activities during hours for which the participant is pa id with Tourist Industry Job Corps Funds. (3) No participant or trainee under this Chapter may, at any time, engage in partisan or non -partisan political activities in which such participant or trainee represents that he is a spokesperson of the Tourist Industry Job Corps. (e) Theft or Embezzlement from Employment and Training Funds. Any officer, director, agent, employee or person connected in any capacity with any agency receiving financial assistance under this Chapter, who knowingly hires an ineligible individual, embezzles, willfully misap plies, steals, or obtains by fraud any funds, assets, or property which are the subject of an appropriation or contract

apter, who knowingly hires an ineligible individual, embezzles, willfully misap plies, steals, or obtains by fraud any funds, assets, or property which are the subject of an appropriation or contract under this Chapter, shall be subject to the appro priate penalties as provided in Titles 8 and 9 of the Guam Code Annotated. SOURCE: GC§ 26713; added by P.L. 18 -48:2. § 43115. Cooperation of Educational Institutions. The Board of Trustees of Guam Community College, the Board of Regents of the University of Guam and the Territorial Board of Education may cooperate in setting criteria for offering school credits and for offering curricula in conjunc tion with work experience obtained by persons participat ing in this program.COL12010622GCA BUSINESS REGULA TIONS CH.43TOURIST INDUSTRY JOB CORPS 10SOURCE: GC§ 26714. Added by P.L. 18 -48:2. ----------COL120106